Mr. Speaker, I will be splitting my time with the very hard-working member of Parliament for Burlington.
I am pleased to join in the debate on the merits of improving securities regulation in Canada. Canada is the only major industrialized country without a common or a national securities regulator. The ongoing market turmoil has clearly highlighted the need for improved securities regulation. Our government agrees and strongly believes that we need to take steps to strengthen Canada's securities regulatory framework to better protect investors, enhance enforcement, strengthen our response to financial instability, reduce unnecessary costs, and attract new international investment. That is why we have committed, as part of our economic action plan, to implement the central recommendations of the Hockin expert panel and establish a single securities regulator, a regulator that would respect constitutional jurisdiction and regional interests.
There is one aspect I would like to emphasize in my remarks today, and that is how a national securities regulator would benefit Canadians in an increasingly global marketplace.
We have a lot to be proud of when it comes to our financial system. It is considered the world's soundest according to the World Economic Forum, and a model of stability during the global crisis. As World Bank president Robert Zoellick noted last week, “I think a lot of people would like to change places with Canada”.
In one crucial aspect we fall short, and that deficiency strikes at the heart of the motion. We are the only industrialized country without a common securities regulator. Our system of 13 regulators is cumbersome, disjointed and it lacks the proper tools for enforcement. That has been noted by many others. It has been noted by the IMF. I would encourage colleagues to read the IMF report of 2009 that bluntly stated, “Canada is currently the only G7 country without a common securities regulator,and Canada's investors deserve better”.
It was noted by the OECD that the “presence of multiple regulators has resulted in inadequate enforcement and inconsistent investor protection”. The OECD noted that it also makes it harder for Canada “to respond to changes in the global marketplace or to rapidly innovate”. The global economic downturn and the havoc it has wrought underlines that the need for a single regulator is more urgent than ever. Co-ordinated regulation across the Canadian securities markets and a single international voice for Canada in the global coordination of securities regulation and crisis management are necessities, not options.
This is what the finance committee heard on its recent visit to Washington.
The Hockin expert panel on securities regulation, which proposed the creation of a national securities commission, made that point very convincingly. I would like to thank all who served on that panel for their excellent work.
For example, when it comes to Canada's fragmented securities regulation system, whom do our global partners turn to? Where is their single entry point? To whom is their one phone call made?
At a time when we need to have a strong single voice to contribute to solving global financial problems, or present Canada at international meetings, this is one area where we simply must do better. We need a single voice able to work more effectively with other countries in addressing the pressing global regulatory issues, issues ranging from oversight of international accounting and auditing standards, credit rating agencies and derivatives. These points were all made in the Hockin report.
As Professor Michael Code of the University of Toronto's Faculty of Law noted when trying to rapidly address emerging problems in the current financial crisis:
We're short one player. What are they supposed to do, invite 13 securities regulators to sit down with them? If there was a time when the need for a national securities regulator cries out, it's now.
As respected Montreal Gazette columnist Peter Hadekel has remarked:
We need a national agency, powerful and accountable, not only to police financial markets at home but to work with regulators around the world.
A single regulator would also provide benefits on the enforcement side not only in better protecting Canadian and foreign investors in our markets, but in boosting our reputation in the eyes of the world.
Yet criminal enforcement is hampered by the same fragmented structure undermining securities regulation. Each province has varying degrees of investigative, prosecutorial and adjudicative expertise and resources to handle criminal matters. That is no recipe for improving Canada's ability to have a strong system of securities enforcement.
I note that members from Quebec will say that enforcement in Quebec is very strong, but that means we can have a common securities regulator that would have strong enforcement across the country. It does not mean that a single securities regulator would in any way be weaker than the current enforcement that happens in the province of Quebec.
As an aside, I have to note that the Hockin report recognized the expertise that we have in this country in some of the provinces and encouraged the federal government to make use of this expertise in various areas in moving forward with the one national securities regulator.
In the words of a recent editorial in The Globe and Mail:
Canada is alone among major economic powers in suffering from a balkanized regulation of the issuance and trading of stocks, bonds and other securities. There are now 13 Canadian securities commissions, with a corresponding multiplicity of statutes, regulations, policies and interpretations....
Around the world, in response to the financial crisis, much work is being done toward international co-ordination of regulation.
Too little of this is going on in Canada, where the struggle is still to form a national marketplace. Canadian policy-makers must catch up.
As the Hockin report noted, the consolidation of enforcement activities from 13 commissions into one would concentrate resources, eliminate unnecessary duplication and overlap, and support greater consistency in investor protection across Canada.
A national regulator would better align valuable enforcement resources, which would lead to improve co-operation with federal and international criminal enforcement agencies.
A single streamlined regulatory approach would also make Canada's capital markets more attractive to foreign issuers and investors.
Consider the learned views of those who rely on strong and effective capital markets for their success. Consider a great Canadian company headquartered in western Canada, Telus, which made some recent investments, in the last six months, of which we are very proud. It said that Canada's fragmented approach:
--will continue to erode investor confidence and discourage investment by Canadian and international investors.
Or we could also consider the Certified General Accountants' Association of Canada, which noted that a national regulator:
--will improve regulatory efficiency and cut compliance costs, provide protection to investors, improve internal trade, and improve confidence in and accountability of our regulatory system.... [S]trengthening securities regulation in Canada will help to create an environment conducive to investment.
Our financial system is presently the envy of the world. It has performed head and shoulders above the rest during the current global recession. However, it is not perfect, and the distinction of being the only industrialized country with such a disorderly approach to securities regulation is holding us back. That is why our government has made clear its intention to move quickly with willing provinces to establish a transition office. That is why we intend to have a Canadian securities regulator to help monitor for future threats and protect Canada's financial system, something that this Bloc motion fails to acknowledge.
Before concluding, let me quote a recent Calgary Herald editorial that provides a succinct summary of a case for improved securities regulation:
There's a reason why every developed country...has a single securities regulator. It's because they work. Capital can be raised more efficiently, making it cheaper for the consumer to invest, and affords investors better protection.
Canada stands alone in its system, and that hurts the country's ability to have a voice on a global platform.
I encourage all colleagues in this House to oppose this motion and to support the establishment of a common securities regulator.