Mr. Speaker, I would like to thank my colleagues for agreeing to debate securities. I am pleased to rise to speak to regulation. This matter, raised in the House by the Bloc Québécois, gives us an opportunity to shed new light on the myths perpetuated by the federal government in an effort to discredit the operation of the existing securities system.
The subject has been much written about these days, but we must not lose sight of the fact that the financial sector is a major employer. According to Quebec's Institut de la statistique, nearly 150,000 people are employed in the financial sector in Quebec together with a multitude of self-employed individuals in related areas. It is a large sector providing quality employment, a flourishing industry now accounting for 6.2% of Quebec's gross domestic product.
Then there is the Montreal Exchange. It has enjoyed exceptional growth, and its impact is felt beyond the borders of Canada. It currently has an agreement to carry out all derivatives trading ending in March 2009. Does this centralizing obsession veil intentions by the Toronto Stock Exchange to interfere with Montreal's place as a stock exchange and its expertise in the derivatives sector? I would hope not and would hope that Montreal will be allowed to develop the enormous potential of the derivatives market in Montreal.
That said, let us look at how things have developed.
There have been a number of proposals in recent years to restructure the Canadian securities regulatory system. The first, advocated by Ontario and the federal Minister of Finance, involves establishing a single regulatory body. The second is the passport system, that is, a harmonization of the provincial regulatory bodies in order to create an effective Canada-wide system. It involves building on what already works.
The provinces have already done a huge job improving securities regulation in Canada and its efficiency. Information technology has, for example, been improved. Canada wide systems and practices have been put in place. This means the elimination of many jobs previously done locally by the individual securities commissions.
Today, we have the system for electronic document analysis and retrieval, SEDAR; the system for electronic disclosures, SEDI; the national registration system, NRS; the national registration system database, NRSDB; and the mutual reliance review system, MRRS. In addition, 25 national guidelines and 24 national policies have been issued with respect to key matters, such as prospectus requirements, regulation of mutual funds, issue of royalties, regulation of take-over bids, prospectus and registration exemptions, ongoing information requirements, and so on.
Clearly, improvements have been made toward improving the operation of the entire securities system.
Of course, we can do better, and all the provinces have decided to implement a passport system. Ontario, which originally instigated the system, has decided to go off on its own, which is unfortunate. The federal government should encourage it to join the other provinces and territories in implementing the second stage, which is expected to take place by the end of 2008.
A Canada-wide passport system provides every person, issuer or registered broker, with a one-stop option for accessing Canadian markets. This change is not insignificant. It required a lot of effort by individuals and various governments, and the federal government has to recognize that. The passport system allows access to financial markets across Canada by dealing only with the securities authority that has jurisdiction. Any broker or representative that wants to do business across Canada simply has to register with the authority that has primary jurisdiction.
The passport system is based on what works well. It would help eliminate overlapping administrative tasks and be as efficient as a central agency.
In order to show good will, the federal government should encourage Ontario to join the passport system, stop going its own way and follow suit so as not to compromise the implementation of the second phase of the system. The Minister of Finance of Canada should use his influence to encourage Ontario to listen to sage advice.
But the Conservative government insists on promoting its single securities commission. Some people here in this House, the Minister of Foreign Affairs among others, suggested that the government ask the Supreme Court to rule on the federal government's constitutional jurisdictions with respect to securities. It would be wise for the federal government to consult the provinces on this and not to embark on an operation that could leave a bitter taste.
We can look at the results and the criticisms of the current system. I can simply cite the Premier of Alberta. He made the following statement in a speech to the Empire Club of Canada in Toronto:
—I want to make my position...very clear. The passport system is a model provinces can quickly implement to create a national system—so let's accept the passport and move on to other matters.
On this, the Alberta position is fairly clear, as is Quebec's moreover, according to the statements by minister Jérôme-Forget. The present system compares favourably with that of other territorial jurisdictions. In 2006, a study by the World Bank and Lex Mundi ranked Canada third in the world out of 155 countries as far as investor protection was concerned, while the U.S. ranked seventh and the U.K. ninth. The 2006 OECD report placed Canada second out of 29 countries for the quality of its securities regulations, ahead of the U.S. in fourth position, the U.K. in fifth and Australia in seventh.
It is surprising, in the light of such results, that the federal government continues to denigrate the Canadian regulatory system, both here and elsewhere.
My colleagues have also spoken of the federal government's myths about the competitive nature of the Canadian market. The principal arguments are, first, that our regulatory system is more unwieldy and more costly, which is totally wrong. Second, that our regulatory system supposedly involves additional financing costs to business. Third, that the single commission would cut transaction costs on the secondary market.
As far as the first myth about the supposed higher cost of our regulatory system, I cannot understand that the government is making this as a serious claim. The direct costs of regulation per million of capitalization in 2002 were $145.80 in Canada, compared to $141.90 for the federal regulatory bodies in the United States. That is not much of a difference.
As for the second myth, once again the facts contradict the arguments in favour of a single regulatory commission as far as costs are concerned. For one thing, the factors determining financing costs are three-fold. First, there are fees to brokers, costs relating to legal fees, honorariums for prospectus preparation, and share cost evaluations. Studies show that the total average direct cost of small Canadian business issues is less than the American.
As for the third myth, reduced transaction costs on the secondary market, the solution in my opinion still lies in the competitive nature of Canadian capital markets. The real problem lies is the low level of market competition. That would not in any way be remedied by the creation of a single body.
The federal government ought to deal with some of the elements that do fall under its jurisdiction, including beefing up the means of sanctioning offences against securities legislation, in order to deal properly with white collar crime.