Skip to content

Budget Implementation Bill, 2016, No. 2 (C-29)

Second Reading

December 8, 2016


The Honorable Senator Raymonde Saint-Germain:

Honourable senators, I would like to take the opportunity afforded by my first intervention, one week after I was sworn in, to personally thank you, my colleagues, all senators on both sides of the chamber, as well as the Senate staff, for your tremendous professionalism and the support you have shown me.

As I pledged my oath, I was very mindful of the fact that my first duty is to uphold the rights of our fellow Canadians, and more importantly, to promote those rights. That is why I want to comment on Bill C-29, more specifically on item 627.03 of Division 5 of Part 4. I was concerned about some questions to which, after a few working sessions, I could not get any answers that reassured me that the rights of Quebecers, as well as the rights of people from other provinces, who of course use banking services, will be fully respected.

In my previous role as the Quebec Ombudsperson, I helped train my peers as well as individuals known as "organizational ombudspersons", that is, the ombudspersons of corporations that have a different status than that of independent ombudspersons.

During the training I delivered, whether it was at Osgoode Hall in Toronto or at the Université de Sherbrooke in Quebec, those ombudspersons told me what they could not say publicly, that is, that they are not independent and they are bound by the directions of their corporation. They said that the widely-available annual reports on the banks address some complaints, but they do not address what they consider to be a general sense of dissatisfaction or a measure of improvement that has not been investigated. This often allows banks to state that all complaints were dealt with and recommendations were made.

With that in mind, and being fully aware of our obligations and the limits of our power over budgetary measures, I agree that it would behoove us to spend more time thinking about this and looking for a solution that would be good for Quebec. I find the government's statement, which was conveyed by the government leader, the Honourable Senator Harder, reassuring. I would be terribly disappointed if the people of Quebec lost rights in this area because I know that, in banking in particular, the relationship is often reminiscent of David and Goliath. That's why I think more time to consider this particular provision, which is not, in my opinion, a budget measure, could serve us all well.

I want to point out that the ombudsman of a bank, a federally chartered institution, is the same for all Canadians, be they Quebecers, Newfoundlanders or British Columbians. There is just one ombudsman, usually located in Toronto. That means everyone across Canada gets the same treatment.

We should be able to examine and assess all constitutional, legislative, public administration, and even bureaucratic considerations with a fully open mind. Our goal should be to ensure that all bank customers across Canada are protected by a fair and equal system and to improve the law to that effect.

I think that in legislation as in all things, we should eschew the lowest common denominator. Instead, we should aim for the best practice and ensure that everyone benefits. That is why I support any amendment that, without jeopardizing adoption of the budget implementation bill, would enable senators to collaborate with the House of Commons and the government to improve this bill and ensure that our work will have enhanced respect for and promotion of our fellow citizens' rights.

Thank you.

Back to top