Mr. Speaker, Bill C-15 is now at third reading stage. This legislation is practically a jumble of disparate measures aimed only at increasing surveillance and regulation of the financial services sector in Canada. This bill amends several acts relating to financial services and repeals the Investment Companies Act.
Though we do not oppose the principle of this bill, we have several concerns regarding the federal government's true intent. In fact, this legislation brings us one step closer to a control of the securities sector in Canada. This control will eventually be exercised by the Bank of Canada.
Bill C-15 uses the excuse of controlling systemic risk to allow Ottawa to impede on a purely provincial jurisdiction. We have discussed this point last year when Bill C-15 was Bill C-100. These are examples reported by the hon. member for Saint-Hyacinthe-Bagot. This bill impedes directly on an area of jurisdiction which is exclusively provincial, namely the securities sector under which come all liquid assets, shares, certificates and also bonds, to name but a few.
Yet, two sections of the Canadian Constitution empower provinces to regulate securities. The first one, section 92.13, deals with property and civil rights in the provinces. In Quebec, securities are regulated under the Civil Code. The second one is section 92.16, which states that all matters of a merely local or private nature fall under provincial jurisdiction.
Quebec is already involved in the area of securities, through the Commission des valeurs mobilières du Québec and the Inspecteur général des institutions financières. Bill C-15 will create useless and costly new overlap-goodness knows how many instances we have reported already-by subjecting Quebec financial institutions to orders and directives from the Bank of Canada.
In addition, by implementing a Canadian clearing system, the Governor of the Bank of Canada retains the right to issue directives not only to clearing houses, but also to participating financial institutions, regardless of their charter. The bill will therefore enable the governor to issue orders and directives to institutions
such as the Fiducie Desjardins, and to some extent, this is a strange twist of fate.
It will be remembered that, if I am not mistaken, before founding the caisses populaires in Quebec in the early 1900s, Alphonse Desjardins had served as clerk in this House and later at the national assembly in Quebec. Alphonse Desjardins decided to start this co-operative system because there was a problem with the banking system in Quebec. The banks, which were predominantly English at the time, refused to make loans to French speaking Quebecers. Also, there were no banks in rural areas. All banks were concentrated in major financial centers. That is why Quebecers did not deposit their money in banks that refused to loan them money, and how the Quebec tradition of stashing one's savings in a wool sock came about.
In response to this situation, Alphonse Desjardins decided to establish a financial institution to provide Quebecers with those services not provided to them by banks. He came to Ottawa to apply for a charter, which he was denied, because the banks were afraid such an institution would be in competition with them. His application for a federal charter was therefore rejected. That is why Alphonse Desjardins finally established his caisses populaires under provincial charter. Banks resisted this idea for years.
I remember that, up until the early 1960s, banks refused to cash cheques drawn on caisse populaire accounts. It was a long battle before Quebec got a first-rate economic tool: credits unions, called caisses populaires in Quebec. We accomplished this all on our own. I recall that this was achieved with people getting fully involved, and working out of church basements.
A lot of people worked on a volunteer basis for many years to develop this economic tool. We did it on our own despite early opposition. Now that this tool is in place, the Government of Canada wants to regulate this tool we developed ourselves. This, of course, is unacceptable.
The bust of Alphonse Desjardins is now on display in the CN Tower in Toronto, since he is recognized as one of 10 great Canadians. The fact that visitors to the CN Tower can see it has not prevented the government from trying to regulate this institution, even though it was almost opposed to its founding.
May I remind you that the bust of Joseph-Armand Bombardier is also displayed in the CN Tower in Toronto, which did not prevent the federal government from taking over all his patents in 1945.
Another thing that bothers me in this bill is the concentration of power in the hands of a few individuals. This is what this bill does. It amends certain laws, including the Winding-up Act, to give the Superintendent of Financial Institutions even more powers. This bill and all the federal bills that have been tabled since this government came to office are aimed at concentrating even more power in the hands of those who already have it, be it a minister or the Superintendent of Financial Institutions.
In any case, broadening the powers of the federal Superintendent of Financial Institutions will only lead to costly duplication, for which taxpayers will have to pay once again. Considering how long we have been talking about it, the government should have understood that federal intrusion in a sector which comes under provincial jurisdiction only generates inefficiency and useless costs. Not to mention the debates that will follow between the federal and provincial governments, at a time when constitutional talks are scheduled to take place in the months to come, at least according to the 1982 Constitution. The Prime Minister assures us that, under these conditions, the federal government is prepared to withdraw from those fields which come under the exclusive jurisdiction of the provinces. Is it not true that the Prime Minister takes with one hand what he is willing to give us with the other? This situation is unacceptable.
What this government does is to stimulate competition between levels of government. But let us not forget that such competition between governments is never beneficial to ordinary citizens. Just think of manpower training, to which we refer daily because Quebecers notice it more and more. In Quebec, there is an obvious consensus regarding the need to patriate manpower training. This consensus among all the stakeholders goes back several years, but the issue remains unsettled. Meanwhile, this overlapping of jurisdictions costs over $250 million every year.
The expanded authority delegated to the superintendent provides boundless power to a single person and could well trigger a legal battle between Ottawa and Quebec. Should this be the case, it would adversely affect financial institutions that are in difficulty as well as individual investors.
I cannot understand what motivates the federal government. Why does it want to control a sector which has been very well monitored in Quebec for a long time now? I conclude that the federal government wants to find a way to interfere in the administration of the various provincial institutions, particularly in Quebec, for it clearly senses that federalism as it currently exists is about to become uncontrollable.
It is also preparing for the next round of constitutional talks, which will come along eventually, by seeking out powers it can later return to the provinces, saying: "Look how generous we are, giving you what you want". They are withdrawing from certain areas of provincial jurisdiction, while on the other side of the coin they will in fact have lost almost nothing, because they will have
acquired other means of control, other levers of power, taxation in particular. Such is the case with the bill we are looking at today.
We can, therefore, predict that there will, in fact, be nothing but cosmetic changes. The Bloc will never agree to give up an area of jurisdiction that is, and always has been, exclusively provincial. As my colleague has already pointed out, even Daniel Johnson, when he was premier of Quebec in 1994, said there was no question of the Liberal government in Quebec's accepting encroachment by the federal government in securities matters.
He added that the Government of Quebec would refuse and would jealously guard its prerogatives in this area. As we saw very recently, Mr. Johnson is opposed to what is happening in the House. Today he is dissociating himself from the idea being promoted in recent days of Quebec's being a homeland.
The government in Ottawa appears to stuck in an impasse where it cares little about contradicting its allies in Quebec, who, are increasingly in agreement-and are forced to be-with the claims of the sovereignists, regardless of what the Prime Minister and his ministers may say.
But, worse yet, the government is mocking the basic provisions of the Constitution, the very Constitution it so often preaches and talks about. The cost of Bill C-15 goes even beyond areas of jurisdiction. As I said earlier, the financial institutions of Quebec and investors will be the victims of the duplication of roles Ottawa wants to impose, because securities officials need coherent and stable legislation, as in the case of other sectors involved in financial markets.
Instead of maintaining stability and consistency, two attributes highly prized by global financial markets, the federal government tells us, through Bill C-15, that it wants to establish its own institutions and allow the Bank of Canada and the federal Superintendent of Financial Institutions to intervene in the area of securities. The government's attitude is unacceptable.
When the secretary of state responsible for Canadian financial institutions testified before the finance committee last August, he failed to answer the Bloc Quebecois' questions about the federal government's encroachment on the area of securities, which, according to the Constitution, comes under the exclusive jurisdiction of Quebec, as we pointed out earlier. He tried to evade the issue, as can be seen from the minutes of the committee proceedings. It seemed to us that the secretary of state did not even know what was in his bill.
The secretary of state denied at the time that his government intended to encroach on the area of securities. We were sold a bill of goods, as the recent throne speech clearly referred to the establishment of a Canadian securities commission.
We opposed the government's amendments, because they did not meet expectations in any way, just as Bill C-15 does not meet Quebec's expectations. This bill is written in a very technical language, of course, because it deals with technical matters, and it is very thick. This leads us to believe that the government is trying to confuse the opposition and the public, since the amendments in this bill, which are supposedly minor in nature, in fact have very serious consequences.
We can only lament the fact that, almost every time a government bill is introduced, we in the Bloc are always led to condemn the same things. The government is using every means available in an attempt to centralize ever more. There is always a good excuse: market globalization, international competitiveness, systemic risks or what not. It is a real shame to see that, at a time when the government claims publicly that agreements can be reached with the provinces, it is doing exactly the opposite in legislation. They are not entering into any agreements with the provinces, they are centralizing.
Four times already since the last federal budget was tabled, Ottawa has introduced a bill affecting federal-provincial relations, without even consulting the provinces. I am referring here to Bill C-76, implementing the budget and imposing national standards; Bill C-88, to implement the agreement on internal trade, which gives retaliatory powers to the federal government; Bill C-91 on regional development, which enables Ottawa to sign agreements with local authorities directly, without regard for provincial governments; and of course the bill before us today, Bill C-15.
It is incredible. The government says agreements can be reached with the provinces and it talks about decentralizing, while its actions are to the contrary, and history has taught us these past 30 years or so that actions speak louder than words.
We will recall the commitments made by Mr. Trudeau in 1980. There is no need for me elaborate on this, since we are all quite familiar with these promises. "We are putting our seats on the line to ensure changes take place", they said. It is now 1996. In the meantime, the Constitution was patriated in 1982, but nothing changed for Quebec. These were all empty words and meaningless commitments. Today, they are talking about decentralizing, but every bill they introduce in this House contradicts the commitments they had made.
We all remember the commitments made by the current Prime Minister in the final days of the referendum campaign, when he said: "We will see to it that Quebec is recognized as a distinct society". Already this promise has been forgotten. Through all this, we realize that commitments are meaningless, because there is never a real will to honour them.
The only things that are decentralized are of course the cuts. I want to talk about one of them, in the energy sector, since it was mentioned yesterday and today. Over the last 20 years, the federal government has invested $12 billion in Ontario for atomic energy research. It is also investing, of course, a few billions in the Hibernia project, in Newfoundland. However, in Quebec, the government cut the Tokamak nuclear fusion research project, in Varennes, in which $7 billion was invested annually until now.
So, the government invests billions elsewhere, but any cut made affects Quebec of course. The government uses words which are meaningless or which say the opposite of what it intends to do.
Remember, in 1980, we were told: "If Quebec becomes sovereign, you will end up with a huge debt, high taxation and high unemployment. You, little Quebecers, cannot achieve sovereignty". And what did we get since 1980? That year, the federal debt stood at $80 billion. Today, it is close to $600 billion, in spite of the fact that taxes and unemployment have never been so high. In other words, what we feared we would lose in 1980 by becoming a nation we lost by remaining in the Canadian confederation.
Recently, before the last referendum, we were told: "If you become sovereign, you will lose all your dairy subsidies". Yet, we were just told in the last budget that all dairy subsidies in Quebec would be eliminated over the next five years.
So, these are meaningless commitments. The government uses the pretext of a systemic risk to introduce Bill C-15 and get involved in the securities industry, even though the Governor of the Bank of Canada himself stated last summer that such risk could be controlled through increased monitoring of the major payment transfer system.
Obviously, this bill is totally unacceptable to us, since it merely seeks to allow federal intrusion in areas which come under Quebec's jurisdiction.