Mr. Speaker, Bill C-281 put forward by the member for Winnipeg Centre contains a number of amendments to increase the protection for employees for losses that they may incur in their employment when a bankruptcy occurs. In short, Bill C-281 proposes to create a super priority for all employees' claims that would be ranked ahead of creditors, including any secured creditors.
These amendments would represent a radical change to the bankruptcy system. In doing so they would create a number of direct and perhaps unintended adverse consequences on the Canadian economy.
These amendments would fundamentally change the treatment of debt in bankruptcy. In effect, the proposed regime would override established contractual and legal rights of existing secured creditors which are a fundamental feature of a market economy. Let me explain to members of the House the economic effects that proposed amendment would have. I have to focus my intention on small and medium size businesses and how it would impact them.
It is well established that commercial lenders finance businesses based on the value of assets used to secure loans. In other words, business owners use the value of their company's receivables and inventory as well as fixed assets as collateral to secure financing. Lenders use a borrowing base formula to determine the amount of money the business owner is qualified to borrow.
The single most important determinant of a business's borrowing base is the realizable value of the assets pledged to secure a loan. The lower the realized value in bankruptcy, the lower the borrowing base. The higher the realized value in bankruptcy, the higher the borrowing base. This is where bankruptcy laws intersect with commercial lending practices.
Bill C-281 creates a super priority for claims of losses by employees in bankruptcy. This priority is open-ended and unlimited. As such it creates a great deal of uncertainty for lenders when they are making a lending decision. Given this uncertainty, lenders will face greater difficulty determining the realizable value of a borrower's collateral. As a result, lending institutions will, to protect their own asset base, reduce the amount they will lend to people.
Reducing credit availability by changing the priority scheme in the Bankruptcy and Insolvency Act as Bill C-281 proposes would have detrimental effects on small and medium size business enterprises. These businesses are the most vulnerable to a change in lending practices as they generally have a less diversified source of capital financing than large enterprises.
Small and medium size enterprises account for 98% of all businesses in Canada. Indeed, 75% of all Canadian businesses have fewer than 10 employees. In terms of employment, in 2003 more than five million people, or 49% of our private sector labour force, worked in small and medium size businesses. Those with 100 employees or less are small and medium size businesses. According to Statistics Canada, small businesses made the greatest contribution to net job creation over the period of 1996 to 2003.
We cannot put the engine of economic growth at risk. Bill C-281 would put the brakes on building the 21st century economy as we know it today. Not only would the proposed amendments reduce credit availability, but they would also increase the cost of credit for those who could obtain it. Lenders would re-evaluate the credit risk associated with their entire commercial portfolio, and would conclude that Bill C-281 increases the credit risk. This would translate into higher interest rates not only for existing loans, but for every commercial loan going forward.
The proposed amendments would also require increased monitoring by both lenders and borrowers. This would lead to increased costs for each business, as lenders would pass on their increased monitoring costs. Moreover, businesses would face higher internal compliance costs to ensure that any loans they may have remained as performing loans.
I am strongly opposed to the measures that would cause small and medium size businesses to incur added inefficiencies. Businesses, particularly small and medium size enterprises, would be negatively impacted by increasing the cost of capital. As a result, these firms would find it more difficult to expand and create employment opportunities. In fact, I would also argue that these companies would be more reluctant to invest in innovative technologies. This would have a negative effect on the growth potential of small and medium size businesses and the entire Canadian economy.
The implementation of an open-ended super priority scheme for employees' claims in bankruptcy would also have a detrimental effect on businesses that compete on an international market. None of Canada's major trading partners have such a regime of bankruptcy in their laws. This runs counter to the smart regulations approach that our government has espoused.
In the United States wage claims are given preferred status similar to that in Canada. In some European countries as well as in Australia there are government funded schemes guaranteeing the payment of wages and vacation pay.
The Canadian economy has a strong reliance on international trade, particularly trade with the United States. Close to 80% of our GDP is trade related. Our livelihoods and standard of living are dependent on Canadian businesses and their ability to compete in the international markets. Indeed, with a small domestic market, the steady expansion of multilateral trade is critical to the economy and the continued prosperity of our nation.
However, the proposed amendments contained in the bill would have severe restrictions on Canadian firms' access to capital as well as increasing costs. As such, the proposed amendments would place Canadian firms at a competitive disadvantage in the international marketplace.
All of us in the House are concerned about the problems faced by employees whose employer has gone bankrupt, particularly those who experience unpaid wages and other work related benefits. However, the Bankruptcy and Insolvency Act is a framework law which has horizontal application across the entire economy. Changing it requires careful analysis and balance. There could be unforeseen ripple effects which could have serious unintended consequences on the economy.
The government agrees that there is a need to protect workers who remain unpaid when their employer goes bankrupt. Indeed, it is my understanding that as we speak, the government is studying options to improve the treatment of workers' claims in bankruptcies. I want to see reform to improve the protection for employees' claims in bankruptcy, but Bill C-281 is certainly not the answer.