Jim Flaherty: Veto On Canada Banks Foreign Acquisitions A Necessary Protection

Jim Flaherty

First Posted: 12/07/11 04:28 PM ET Updated: 12/07/11 06:54 PM ET

OTTAWA - Finance Minister Jim Flaherty says he needs a veto over Canadian banks' ability to buy foreign entities because ultimately Ottawa would be left holding the bag if something goes awry.

The finance minister's comment came as he defended proposals to amend Canada's financial institutions act by giving himself expanded powers and increasing penalties for banks' bad behaviour.

The change that has caught the most attention is a proposal to take back ultimate say over whether a large or medium-sized Canadian financial institution can make a foreign purchase that increases its equity by 10 per cent or more.

The concern is that a Canadian bank may use its newfound leverage in the world to purchase a foreign competitor with less rigorous aversion to risk, hence imperilling its own survival should a new financial crisis arise.

"The obligation of the individual bank is not to look at the system as a whole, it's to look at the bank and how they are doing and of course (their) shareholders. The obligation of the government is to preserve the stability of the system overall," Flaherty said.

Canadian Bankers Association president Terry Campbell said in an email response that his organization is looking for clarification because of potential "operational issues." He cited the 12-month window for approval.

Flaherty told reporters after his meeting with Canadian senators that his proposal is not aimed at a specific bank or specific purchase, but to prevent future systemic risk.

In 2008, the failure of Lehman Brothers on Wall Street touched off a financial crisis that froze credit throughout much of the advanced world, triggering the worst recession in six decades.

Flaherty noted that even in Canada, which had no bank failures, the government stepped in to put more funds into the financial system by purchasing billions of dollars in mortgages from the banks as well as backstopping bank debts.

The move was seen as necessary to ensure that Canada's commercial banks had access to funds that they could then lend to consumers and businesses and keep the economy from collapsing.

"Ultimately, it all leads to Ottawa," Flaherty said.

Flaherty said three acquisitions since 2004, when the Conservatives replaced the Liberals as the governing party, would have required his approval if such a proposed amendments had been in place. He didn't specify which ones.

The minister noted the power once rested with the Finance Department before it was transferred to the Office of Superintendent of Financial Institutions in 2001 for what he called "opaque" reasons.

During his testimony, Flaherty praised Canada's banks, describing them as the soundest in the world, and noted that Canada also has stringent regulations and oversight for the industry.

Other proposed changes in the new legislation would require banks with $12 billion of assets, or more, to be widely held. The current threshold is $8 billion.

The legislation also calls for increasing the maximum penalty for violations of the consumer protection provision.

The Canadian Bankers Association said such increases are unnecessary since the current $200,000 maximum penalty is rarely applied. Last year, the total penalties levied on 36 separate violations was $175,000, or about $5,000.

FOLLOW HUFFPOST CANADA

OTTAWA - Finance Minister Jim Flaherty says he needs a veto over Canadian banks' ability to buy foreign entities because ultimately Ottawa would be left holding the bag if something goes awry.The fina...
OTTAWA - Finance Minister Jim Flaherty says he needs a veto over Canadian banks' ability to buy foreign entities because ultimately Ottawa would be left holding the bag if something goes awry.The fina...
Filed by Christian Cotroneo  | 
 
 
  • Comments
  • 11
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
04:25 AM on 12/08/2011
I agree
03:15 AM on 12/08/2011
Needs more tightening

It is still possible to get zero down mortgages with "liar loans" offfered out in the opne by the banks
Just tell the banks that you are getting a forgivable "loan" from a parent or relative and they will oan you 100% of the mortgage amount
This practice should be stopped. We already face a housing bubble with CMHC (Cdn taxpayers) guaranteeing all those 40 year mortgages with 5% down taken out a few years ago
09:57 PM on 12/07/2011
For a second time, I agree with the feds regarding measures to maintain the health of Canada's banking system. The first was when they, surprisingly, tightened the regs for CMHC-insured mortgage downpayments and amortization maximums.

Give them credit when it's due.
photo
HUFFPOST SUPER USER
Tony frm Banff
Search for truth,not spin
06:40 PM on 12/07/2011
For the time being, I would say the cons are doing something right for a change. Although I have a feeling there is something not right about this. Hopefully the banks dont start raising user fees because our government wont let them be in any large foreign acquisitions.

These are greedy institutions these banks.
06:26 PM on 12/07/2011
Thank heavens, Flaherty is showing some common sense.;
06:12 PM on 12/07/2011
Paul Martin was far better finance minister being able to walk the path between needs of the majority of the population vis-a-vis social programs and being fiscally responsible

Paul Martin would make a great replacement for Harper one day
photo
turkeylurky
Just keepin it real........
05:56 PM on 12/07/2011
Flaherty continues to make sense.
He'll make a good replacement for Harper some day.
photo
HUFFPOST SUPER USER
rickthaluddite
What noisy cats are we
09:42 AM on 12/08/2011
Not a chance-- these bozos are out on their asses in three and a half years.
photo
turkeylurky
Just keepin it real........
03:26 PM on 12/08/2011
I'll take that bet...
05:43 PM on 12/07/2011
I agree with this.