Mr. Speaker, Bill C-15 amending and enacting certain laws relating to financial institutions is, in our estimation, a new attempt by the federal government to control the provinces, and especially Quebec, which, for the last 30 years, has developed several original tools of economic and financial development.
On the economic and financial side, the federal government's control is increasing daily. On the constitutional side, the Quebec wing of the Liberal Party of Canada proposed last weekend that Quebec now be recognized as "the principal homeland of French language, culture and legal tradition in North America".
The distinct society concept, which was part of the political landscape since the Meech Lake accord and was the subject matter of a motion in this House last December, and which the government seemed to want to enshrine in the Constitution, is suddenly put off indefinitely following some prevarication by certain premiers.
After the second world war, women were sent back home. Some right wing groups still regularly send women back home. Optometrists will often tell us whether bifocals will improve our sight. But what does this vague concept of homeland have to do with the constitutional issue and the recognition of a people?
Today, no longer sure about what to do with it, the federal Liberals are sending the Quebec issue back home. Even the leader of the official opposition in Quebec City tells us this has no legal meaning; it is like saying that Newfoundland is an island and that the Rocky Mountains are in the west. There are no intellectual giants in this government.
This whole farce of a principal homeland in America shows once again the true face of the federal Liberals and how little they know and understand modern Quebec. Less than six months after the Quebec referendum, the Prime Minister is once again going back on his word.
What are we discussing these days in the House? Homeland rather than distinct society, the importation of cheese made from raw milk, our soldiers' lack of discipline, the Somalia affair, the lightning search for missing documents ordered by the defence minister. Once again, our play soldiers, who still cost Canadian taxpayers $11 billion a year, are once again making fools of themselves. It is a good thing that ridicule does not kill. Is this why
Canada still has armed forces, to protect the country from ridicule? If so, they are not doing a very good job.
After nearly three years in power, the Liberal government has gone back on its promises to Quebec. They are making fools of themselves in the rest of Canada, in terms of both imports and defence matters. The Prime Minister has lost control of the situation. There is no leadership left in this government. Worse, there is no vision as to the future of this country.
This government, which is unable to renew the Canadian Constitution, to manage its armed forces in a modern and professional manner, to set credible import policies in a globalization context, is putting forward Bill C-15, which shows its inability to manage the federation at the economic and financial levels.
This bill contains a number of scattered, apparently unrelated measures whose only purpose is to strengthen the monitoring and regulation of financial services in Canada. Once again, the federal government is trying to take control, to increase its powers.
The Bloc Quebecois is not opposed to the principle itself of Bill C-15, but rather to some of the proposed measures, which encroach on major areas of provincial jurisdiction.
The most important measure in this bill would extend the Bank of Canada's payment settlement mechanism to the area of securities.
In fact, this initiative duplicates the clearing systems already regulated by the Quebec securities commission and allows the federal government to interfere in the regulation of securities, which is an exclusive provincial jurisdiction.
Under this bill, the Canada Deposit Insurance Corporation will be setting the participation premiums according to the risk a financial institution represents. This includes Quebec chartered institutions already regulated by the Régie de l'assurance-dépôts du Québec, where the deposit volume is the criterion. Thus, there will be two standards of evaluation, and the one based on risk could put Quebec institutions at a disadvantage.
The powers of the superintendent of financial institutions will be increased so that he may request the winding-up of Quebec chartered institutions. This duplication of services could lead to numerous disputes between the different bodies.
As we mentioned during the debate at second reading, this bill amends nine acts: the Bank Act, the Trust and Loan Companies Act, the Insurance Companies Act, the Cooperative Credit Associations Act, the Winding-up and Restructuring Act, the Office of the Superintendent of Financial Institutions Act, the Canada Deposit Insurance Corporation Act, the Canadian Payments Association Act, and the Investment Companies Act, which is being repealed.
This bill is a new indication of Ottawa's centralizing attitude. By establishing Canada-wide compensation and payment systems, Bill C-15 infringes on the authority of the Commission québécoise des valeurs mobilières and of Quebec's Inspecteur général des institutions financières. This results in costly overlap and structures. Quebec's financial institutions will be subject to two monitoring systems.
Therefore, Bill C-15 is an unacceptable intrusion into the securities industry, which comes under provincial jurisdiction. In Quebec, the various governments have always strongly defended Quebec's jurisdiction over the securities industry. Even Daniel Johnson reaffirmed that position in a letter to the federal government on February 16, 1994, when he was Quebec's premier.
The authority given to the Governor of the Bank of Canada to issue directives or orders to financial institutions goes squarely against that traditional Quebec position.
This bill will result in even more unacceptable overlap. Beyond the issue of jurisdiction, the fact is that Quebec's financial institutions and individual savers will suffer from the duplication Ottawa is seeking to impose. This will result in additional costs and in a lack of consistency in government policies.
Let us now take a look at the clauses of Bill C-15 I feel will create the most serious problems.
The Bank Act will be significantly affected. Clause 12 of Bill C-15 provides that banks will have to disclose additional information. The various provincial securities commissions already request this type of information to banks and to other companies listed on the stock exchange. Therefore, this is a new type of duplication.
The Canada Deposit Insurance Corporation Act is also being amended. Clause 21 of this bill defines the notion of "affairs" and of the affiliates of the member institution. For example, if even one of the institutions affiliated to Desjardins is a member of the Canada Deposit Insurance Corporation, the federal government is entitled to give direction to all of Desjardins' affiliates.
Clause 22 will give the Canada Deposit Insurance Corporation the opportunity to be instrumental in the promotion of standards of sound business and financial practices for members institutions. This is a good thing in itself, but it is also a kind of duplication in the case of provincially chartered financial institutions that are part
of the Canada Deposit Insurance Corporation, since the province of Quebec already has regulatory control over these institutions.
Clause 27 will allow the board of the Canada Deposit Insurance Corporation to establish a system of classifying member institutions according to the risk each of the institutions represents. Hence, the federal government will have no other choice but to set up a supervisory and monitoring system for these members institutions. Again, this will mean some duplication for the provincially chartered institutions, since Quebec already has a control and examination process in place for these institutions. Besides, such a classification system will put the smaller institutions at a disadvantage. We will have to see how the Mouvement Desjardins is reviewed. Will it be branch by branch or as a whole?
The purpose of clause 34 of the bill is to determine the parameters of the examination mentioned in clause 27. For the provincially chartered institutions, this is already done by the provincial authorities. Why the duplication?
Clause 60 of Bill C-15 specifies the circumstances under which the superintendent may take control of an institution in difficulty. Moreover, the superintendent has the obligation to notify the provincial minister responsible of the takeover of a central of a co-operative credit association which is incorporated under provincial legislation. Thus, the provincial authorities are completely pushed aside and the regulatory control a province has over its co-operative credit associations becomes practically irrelevant and even null and void.
The Insurance Companies Act is also affected by this bill. Once again, the bill gives more power to the superintendent to step in if an institution is in financial difficulty. Provincially registered insurance companies are not beyond the superintendent's increased powers of intervention.
According to section 66 of the same bill, the definition of businesses to which the law applies is also amended to include fraternal societies and provincial companies. The bill encroaches upon the powers of Quebec, which already regulates provincially registered institutions. Consequently, we are opposed to the bill's measures which apply to companies registered in Quebec and we are also opposed to all the sections relating to monitoring of provincially registered companies by the superintendent.
Section 93 will also allow the superintendent to make public the information gathered pursuant to the new law. It will force provincially chartered insurance companies to publicly disclose information concerning the compensation of their executives, as well as their business and internal affairs. Since provincial securities commissions already require that information, there will be more duplication. Furthermore, the federal government has no legal right to regulate provincially chartered companies.
Moreover, clause 95 provides that the superintendent will have his say on the composition of the board of directors of provincially chartered insurance companies in financial difficulty. There is already such a control system in Quebec. What then is the usefulness of clause 95?
The main objective of clause 103 is to allow the superintendent to impose standards of sound business and financial practices to provincially chartered insurance companies. Another unjustified encroachment on provincial jurisdiction.
The Office of the Superintendent of Financial Institutions Act is also amended. Clause 105 clarifies the new objectives of the superintendent, stating in black and white that the purpose of the act is to ensure that financial institutions in all provinces are regulated by an office of the Government of Canada. This could not be clearer; the federal government has decided to gain the upper hand over the provinces.
As for clause 106, it gives more detail on the federal superintendent's objectives. No distinction is made between institutions with federal charters and institutions with provincial charters. Only federally chartered institutions ought to be covered by this clause.
Finally, clause 62 indicates that a totally new act, the Payment Clearing and Settlement Act, is being created here to allow the federal government to gain control over this area of provincial jurisdiction. The Canadian Payments Association Act is therefore done away with.
These amendments and creations of new acts, all of this legislative process is put into place in order to once again hem in the provinces. The government's throne speech could not have been clearer on this. It intends to create a national securities commission, one which will directly invade the area of jurisdiction and the activities of the securities commissions in the Canadian provinces. In this context, Bill C-15 lays the ground work for the arrival of this national securities commission which the federal government intends to create.
Once again, the government's firm intent is to establish wall-to-wall national standards, and financial institutions cannot escape from this unwavering trend. With Bill C-15, the government is expanding this principle of national standards to the financial institutions. It has now come full circle. The federal government has extended its grasp to the financial institutions, while on the constitutional level there are making a mockery of the historical demands of Quebec, by reducing it to the homeland of cultural survival in America.