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House Hansard - 334

44th Parl. 1st Sess.
June 18, 2024 10:00AM
Context: House Hansard - 334 - Jun/18/24
Mr. Gabriel Ste-Marie (Joliette, BQ)
  • Jun/18/24 5:18:59 p.m.
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  • Re: Bill C-69 
Madam Speaker, Bill C‑69 is a budget implementation omnibus bill that creates or amends 67 different acts. The government promised never to use this type of thing, but for the past several years, it has continued to do so. Bill C‑69 enacts, among other things, the consumer-driven banking act, which establishes that it is the federal government alone that regulates this sector and that the Financial Consumer Agency of Canada acts as the regulator. We asked the government to take this division out of Bill C‑69 and correct some of its shortcomings over the summer so it could come back this fall with a framework that does not give Bay Street an unfair advantage over other financial institutions, that respects the jurisdictions of Quebec and the provinces, and that will be administered by a competent body. However, the government just voted against our request. The government is not working well. It is not listening, it is being partisan, and it is undermining Quebec. That is why we will be voting against this bill. I am going to talk more about the open banking system, beginning with some context. As things stand, all financial services are based out of financial institutions that people do business with directly. These institutions are legally and financially responsible in the event of fraud or data theft, so they are fiercely protective of our personal data. Under an open banking system, financial institutions will have to share our data with platforms that will enable us to access all our accounts with one click. It would be a minor revolution. Ultimately, we can envision a system in which financial institutions essentially just create financial products, with client relations being handled by tech companies that do not themselves provide financial products, but act as intermediaries and data aggregators. That calls for a framework. People want the flexibility an open banking system offers. That is why financial technology or fintech companies have already started coming on line despite the legal limbo. They are not well regulated, so they find other ways to evolve. Users themselves provide their credentials. The app goes into a user's account, extracts data from the screen and stores it. Financial institutions' secure networks get regular visits from actors outside the financial sector, and that makes them vulnerable. The more advanced these strategies get, the greater the risk. We know that the level of risk varies. An aggregator that scans public data to show us mortgage rates at all financial institutions in one click is low risk. When it collects our personal data to give us a detailed picture of our financial situation, that carries more risk for the protection of sensitive personal information, namely financial information. If the app can be used to perform transactions, which implies that it places orders, that opens up a whole new level of risk, the risk of fraud. Let us also not forget that a series of orders quickly placed with the help of an AI system could completely destabilize all financial institutions. What about the principle of needing to know the customer? That principle is the foundation of our anti-money laundering laws. How can a financial institution apply this principle when it is communicating via an app? Lastly, an important part of risk is the financial capacity to take on risk. Without that, the consumer could lose everything. Prudential regulations have to adapt. What we need is a clear framework with clear obligations and responsibilities. The financial sector is a shared jurisdiction. The federal government has authority over banks and federally incorporated financial institutions. Financial institutions that are not banks, namely credit unions and trust companies, fall under the jurisdiction of Quebec and the provinces. Financial intermediaries, such as investment dealers and financial advisers, fall under the jurisdiction of Quebec and the provinces. Tech companies in the financial sector are not currently regulated, but they are likely similar to financial intermediaries. There are different models in all this. There is the Interac approach. The Interac system, which enables exchanges between institutions and allows us, for example, to use our debit card everywhere, was developed by the financial companies themselves. These companies agreed on a common technology and standards to ensure that transactions are secure. Companies that adopt and comply with the common standards can join the system and offer Interac. This is the approach taken by the United Kingdom. In Canada, it is the approach that was favoured by the Advisory Committee on Open Banking in 2021. The advantage of this approach, which is the simplest and most flexible, is that each government retains full regulatory power and adopting the open banking system does not result in any transfer of power. The disadvantage is that it is a form of self-regulation. The standard adopted may very well be aimed primarily at developing the sector rather than protecting citizens. Personal information, financial risks and fees come to mind. The banks, which initially advocated self-regulation, realized that squeezing out the legislator would not work and that co-operation would be a more realistic option. Another approach, the one that we advocate and prefer, is the securities approach. Securities fall mainly under provincial jurisdiction, but Ottawa has laws governing federally incorporated companies. The Supreme Court of Canada has also recognized federal jurisdiction over systemic risk in the financial sector. In Quebec, the Autorité des marchés financiers is the regulator. To ensure that businesses could raise capital across Canada and that registrations in one province would be recognized everywhere, governments decided to coordinate. That is why Quebec's corporations legislation is very similar to the federal corporations legislation and to the corporation laws of all the other provinces. The same is true for all legislation governing the various aspects of securities. Quebec retains its legislative powers. The Quebec act may be stricter in some respects. For example, Quebec is the only province that requires a French version for all corporations registered with the Autorité des marchés financiers. However, this version must comply with the common standard adopted by all governments. For years now, the federal government has wanted to centralize securities regulation in a single commission and concentrate the entire financial sector in Toronto, to the detriment of Montreal in particular. Quebec and the Quebec business community have always opposed this. In 2021, my party successfully amended the budget implementation bill to close the federal office responsible for creating a single securities commission. It was a really nice moment in a committee meeting over Zoom. I remember it clearly. The model of co-operation between governments, which has survived repeated attacks by the federal government, is still going and is working well. As I was saying, the securities model is the approach that my party and I favour for the open banking system. However, in Bill C‑69, Ottawa is opting for unilateralism and centralization. As I was saying earlier, Bill C‑69 enacts the consumer-driven banking act, which would make the federal government the sole regulator of this sector, with the Financial Consumer Agency of Canada serving as the regulator. That is a problem, too. The agency does not have the qualifications to do that at all. Since fintechs are not under federal jurisdiction, Ottawa has opted to regulate them indirectly by regulating how banks can transact with them. Specifically, Bill C‑69 provides that banks and other federally regulated financial institutions will be covered by the new act. They will be required to co-operate with fintech companies, but they may do so only in accordance with federal rules and standards. Institutions that are not federally regulated will be ignored. They can opt in voluntarily with approval from their province, which would then have to waive the right to apply its own laws to the portion of their activities that comes under the open banking system. For now, Bill C‑69 does not affect insurers, because of the sensitive nature of the medical data they hold, or intermediaries such as brokers, but the framework will likely expand to cover them in the future. The specific rules and standards that will apply to the sector, particularly in terms of consumer protection and financial liability, will be set out in another bill that is due out in the fall, but the decision to make it exclusively federal is being made now, in Bill C‑69. In practical terms, the Quebec Consumer Protection Act and the Quebec act respecting the protection of personal information could cease to apply to financial institutions for any activities related to open financial services. That is no small thing. We are getting ready to pass this bill at third reading in the House, but the impact of an exclusively federal open banking system on the prudential obligations of Quebec financial institutions, as set out by the Autorité des marchés financiers, is still unclear. In addition to forcing Quebec to transfer legislative power to Ottawa, Bill C-69 puts Quebec's institutions at a disadvantage with respect to federal institutions. While banks will have only one set of regulations to follow, under this bill, an institution like Desjardins would be caught between two governments: the Government of Quebec, for its general operations, and the federal government, for its technological interactions with customers. That is ridiculous. The fact that Quebec institutions will be subject to two uncoordinated regulatory bodies could be downright dysfunctional and give banks an egregious advantage over co-ops and trust companies. That is unacceptable.
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