Volcker Rule: Canada's Financial Industry Hints At Challenge To U.S. Bank Reform Under NAFTA

Volcker Rule Canada Opposes Financial Reform

The Huffington Post Canada   First Posted: 01/05/12 11:25 AM ET Updated: 01/05/12 02:08 PM ET

In the wake of the U.S. financial collapse in 2008, Canadian banks -- which were largely spared the devastation in the U.S. -- were lauded as an example of a properly regulated banking industry. One of the people praising Canadian finance was Paul Volcker, the former head of the Federal Reserve.

But it seems Canadian financial institutions don’t feel the same way about Volcker -- or at least the financial reform named after him.

The “Volcker Rule,” a core part of the U.S.’s financial reform package passed last year, would limit the ability of U.S. banks to engage in proprietary trading -- buying and selling financial instruments for their own benefit. (Banks would still be allowed to trade on behalf of clients.)

That has many in Canada’s financial industry evidently upset. In a letter to U.S. government officials sent last month, the Investment Industry Association of Canada argued that the Volcker Rule could potentially destabilize Canada’s financial sector by making it harder to trade government debt and to take actions that minimize risk.

Canadian banks engage in the sort of proprietary trading that the Volcker Rule would prohibit. And because of the deep ties between the U.S. and Canadian financial industries -- with a significant portion of trading in Canadian securities taking place using U.S. infrastructure -- the rule would apply to Canadian transactions and institutions, the letter explained.

That could essentially force the Volcker Rule on Canada, where no such legislation is in the works.

The IIAC argued that the rule amounts to an “extra-territorial” expansion of U.S. regulating activity into Canada. And it hinted at a possible challenge to the law under NAFTA rules.

“The Volcker Rule will clearly interfere and raise the costs of cross-border dealing in Canadian securities. As a result, the Volcker Rule may contravene the NAFTA trade agreement,” the letter stated.

That has some critics upset at what they see as an attempt by Canadian banks to interfere in U.S. legislation.

The Investment Industry Association of Canada perfectly illustrates how ‘trade’ agreements can reach inside nations' borders and interfere with public interest regulations that have nothing to do with the flow of goods between countries,” writes Travis McArthur at Public Citizen. “Since NAFTA was enacted, bankers have gotten much more aggressive in their attempts to block regulation through trade deals. For example, the Korea FTA, passed by Congress in October, included much worse restrictions on financial sector regulations than NAFTA. On top of that, the General Agreement on Trade in Services of the WTO has its own set of rules that conflict with policies on capital controls, bans on risky financial services, size limits on banks, and ‘firewalls’ between banking and investment services.”

In a separate letter, also sent last month, the Office of the Superintendent of Financial Institutions, which answers to Canada’s finance minister, asked U.S. regulators for an exemption to the Volcker Rule for trade in Canadian government debt. Such an exemption exists in the rule for U.S. government debt, but not that of foreign countries.

Not exempting foreign countries “would undermine the liquidity of government debt markets outside of the US and could significantly impede the ability of foreign banks to efficiently manage their liquidity and funding requirements at an enterprise­ wide level,” the letter stated.

The Volcker Rule was passed as part of the Dodd-Frank Act last summer. It’s set to go into effect in July, 2012.

The U.S. had a rule similar to Volcker for six decades as part of the Glass-Steagall Act, a financial reform law passed in the 1930s in the wake of the Great Depression. It was repealed under the Clinton administration in 1999. Many economists argue that its repeal allowed U.S. banks to engage in the risky behaviour that caused the 2008 financial collapse.

Canada does not have a Volcker Rule, nor is it likely to get one.

The proprietary trading done by the Canadian banks has not as yet created a financial problem in Canada,” David Peters and Douglas Peters, two leading Canadian economists, wrote last year.

They concluded that “at this time it would seem that the Volcker Rule as applied in the U.S. would not be something Canada should adopt.”

RELATED: U.K. APPROVES BANK REFORMS SIMILAR TO VOLCKER RULE

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In the wake of the U.S. financial collapse in 2008, Canadian banks -- which were largely spared the devastation in the U.S. -- were lauded as an example of a properly regulated banking industry. One o...
In the wake of the U.S. financial collapse in 2008, Canadian banks -- which were largely spared the devastation in the U.S. -- were lauded as an example of a properly regulated banking industry. One o...
 
 
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Donna Meness
www.findmaisyandshannon.com
10:14 PM on 01/06/2012
Is Canada Now a Plutocracy or a Corporatocracy? It Sure Isn't a Democracy

http://pushedleft.blogspot.com/2010/12/is-canada-now-plutocracy-or.html

1. Why do the Poor Support a Plutocracy?

2. Yes. God Knows Some Very Stupid Things Were Done.

3. If the Issue is Not Whether You Broke a Few Rules ...

4. Getting Tied to the Railroad Tracks by Wall Street Villains

5. If we Want to Recover we Need to Focus on the Middle
Donna Meness
www.findmaisyandshannon.com
10:10 PM on 01/06/2012
Jim Flaherty has always been a gambler. He gambled with sub-prime mortgages and AIG. He's gambling with derivatives, something Warren Buffet refers to as "Weapons of Mass Destruction". And he's using a Goldman-Sachs employee to handle the impending disaster.

Now he's gambling with allowing the falsification of documents to help the corporate sector potentially destroy our once sound financial system. Flaherty and Harper are Canada's answer to George W. Bush.

According to Rosen:

Corporate lobbying power and the absence of an organized investor voice in Canada means that most regulatory actions favour corporate interests. Canada is the only major country in the world that allows the same people who audit public companies to financially control the process that sets the auditing rules. This basic and fundamental conflict of interest means that auditors can set rules that cater to their paying corporate clients over the needs of investors.
Anyone who collects a pension, saves for his children's education, or simply pays her taxes like an honest citizen suffers from the disinterest of our regulators and lawmakers in prosecuting dishonest corporate executives, aided by acquiescent auditors.

Swindlers: Cons and Cheats and How to Protect Your Investments From Them, By Al Rosen and Mark Rosen, Madison Commerce, 2010, ISBN: 978-1-897330-76-0, Introduction

http://www.youtube.com/watch?v=1WcWA5msi68
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HUFFPOST SUPER USER
Aesops
Appearances often are deceiving
11:24 PM on 01/06/2012
You're right, the Big 4 have a pretty strong influence in setting AcSB. The biggest timebomb now is the $586b of mortgage assets sitting on the CMHC's books. They'll need to be bailed out significantly if there is ever a strong real estate correction in Canada.
Donna Meness
www.findmaisyandshannon.com
05:06 PM on 01/06/2012
Bank of Canada Governor Mark Carney appointed the CEO of Goldman Sachs’ Canadian subsidiary as a special advisor to the central bank to give advice on regulatory reform. Goldman Sachs has been accused of having profited from the current economic crisis, and received the largest pay out of any bank from AIG's bailout fund, totaling $12.9 billion. One prominent economist described the appointment as "the fox guarding the henhouse."

http://www.mortgagebrokernews.ca/news/bank-of-canada-adds-another-goldman-sachs-alum/43840/

http://www.progressive-economics.ca/2010/06/30/fox-guarding-the-henhouse/
10:36 AM on 01/06/2012
The Dodd-Frank Act is nothing but yet another anti-business, big govt piece of lefty, flawed legislation - did they read it before they passed it this time? - I doubt it
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HUFFPOST SUPER USER
Aesops
Appearances often are deceiving
11:26 PM on 01/06/2012
Lefty legislation? That Bill serves no one but the financial services companies themselves. Why would it not? No regular person could understand it.
04:37 AM on 01/06/2012
Many of the same would have argued that deregulation never caused a problem until the crash.
10:32 AM on 01/06/2012
It was regulation in the US, not deregulation, that caused the meltdown - ref Clinton 1996 and 1999 re Fannie & Freddie portfolio requirements
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HUFFPOST SUPER USER
tokenblackman
05:29 PM on 01/06/2012
Haha! Now I know you are truly a moron!!! How did regulation cause the meltdown? Was not Freddie and Fannie run the same way as Bear Sterns, Country Wide, Meryl Lynch, and Lehman Brothers? How come between 1940 - 1980 no financial crises, after the US financial system was saved by FDR and WW2. Regan comes in 1980 and it is one financial crisis after another. S&L, Internet stocks, finally the Great Recession all occurred after the deregulation of Regan, Bush1, Clinton, and Bush2.
Conservatives: Living in an paranoid alternate reality, with no facts.
Donna Meness
www.findmaisyandshannon.com
08:25 PM on 01/05/2012
Don't worry Harper will fix it by passing a law that's written in Washington.
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Hoodoo X
tanstaafl
08:04 PM on 01/05/2012
Get half a clue. The US Fed bailed, and is bailing out Canadian and European banks. You can argue that is the job of the largest economy in the world, but it is a hoot that the Canadians that incessantly brag about their superior economic choices don't realize the US fed saved their banks, too.
08:10 PM on 01/05/2012
The US Fed bailed, and is bailing out Canadian and European banks. I am a Canadian Banker and would like a little elaboration on how the US Fed bailed out the Canadian Banks. Thx. I no nothing of the US Fed and European Banks.
10:53 PM on 01/05/2012
He's slightly misled. Though it was not the US Fed, Canadian banks were able to sell off their toxic mortgage-backed assets to the government at a premium to par which is absolutely ridiculous. The gov't essentially wrote a check to all Canadian banks, purchasing distressed assets at premiums in a time when they were worth far less than par. The Canadian banks are far less transparent than those in the USA, and time will tell the whole story. Canada has been falsely idolized by the international community but Credit Default Swaps on Canadian Banks just began to trade at Goldman and Morgan in the States. Believe you me, there is interest in protection buyers. Of course, the Canadian banks block access to CDS pricing on themselves, just like they block access to every single Bond trade that happens in the market.
01:11 AM on 01/06/2012
Canadian Banks shouldn't brag. They are no good also. Time and the economy will tell soon.
08:27 PM on 01/05/2012
Exactly what Canadian Banks??????
10:33 AM on 01/06/2012
He can't answer that - full of sh.....
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yeti7
don't need no stink'n badges
07:48 PM on 01/05/2012
another law that congress and the president pass before they know what is in it or how it will work. Most intelligent group in the world.
07:37 PM on 01/05/2012
Financial companies and banks should be regulated with a treaty akin to ITAR. They need to live in fear every minute of every day. Every second.
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piceaglauca
The picture says it all....
06:43 PM on 01/05/2012
Why do we allow ourselves politically, legally, economically, socially to be influenced by this country to our south. What right do they have to intrude withing our jurisdction. The Canadian Government is a meally mouth weak entity. What have we done to deserve this bullying? We are their neighbours. They hassle the world. They did Liybia, then Iraq, then Afghanistan and next will be Iran. Why do they purge Canada. Recently they went after American citizens regarding taxes. The IRS and their attitude goes beyond borders. They are beyond belief. I stopped going there twenty years ago and to think at one time I believed in them but now I wouldn't give ethem the time of day.
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Bec DeCorbeau
Le langage de l'invisible est le silence
07:00 PM on 01/05/2012
Iran and Irak said the same thing!
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Bec DeCorbeau
Le langage de l'invisible est le silence
06:28 PM on 01/05/2012
Will see how far canada can go without becoming the american new Irak!
Donna Meness
www.findmaisyandshannon.com
06:10 PM on 01/05/2012
Remember:
Clocking in at an impressive $55.6 billion, the Harper government has single-handedly managed to inflate the size of the Federal government since taking office in 2006, by approximately 50%.
Remember: conservatives warned us that we had to dispose of the out-of-control spending of previous Liberal governments, which delivered eleven years of balanced budgets, reducing Canada’s debt-to-GDP ratio from almost 90% down below 50%.
Stephen Harper and Flaherty have managed to increase Canada’s Debt-to-GDP ratio back up to about 80%, erasing almost a decade of debt repayment.”
In 10 years or so we’ll have a trillion dollar debt.
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SiameseTrainer
...we are Sia..mese if you don't please..
01:08 AM on 01/06/2012
And they managed to get themselves a majority government on the basis of their financial responsibility...go figger! 8>{
Donna Meness
www.findmaisyandshannon.com
07:13 AM on 01/06/2012
Designed that way... since Corporate media got the government it wanted, with 31 out of 34 media outlets endorsing Harper.

Controlled Mass Media - Sometimes to media is directly controlled by the government, but in other cases, the media is indirectly controlled by government regulation, or sympathetic media spokespeople and executives. Censorship, especially in war time, is very common.
Donna Meness
www.findmaisyandshannon.com
07:15 AM on 01/06/2012
OFFICIAL REPORT (HANSARD)

Wednesday, February 19, 2003

"Eliminating corporate welfare could yield many more billions." -Stephen Harper

Hansard (1540) Government Orders The Budget
http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=714364&Language=E&Mode=1&Parl=37&Ses=2

Corporate welfare is a term describing a government's bestowal of money grants, tax breaks, or other special favorable treatment on corporations.

Now we have Mr. Harper promoting corporate welfare in 2011...

Despite a record annual budget deficit of $56 billion,.... between 2008 and 2013, these cuts are reducing the cash-strapped federal government's tax take by a cumulative $60 billion.

The federal corporate income tax rate will be reduced from 18 per cent to 16.5 per cent effective Jan, 1. It will then be reduced to 15 per cent in 2012/2013

The corporate tax cut amounts to $1.65 billion next year, and jumps to nearly $4 billion in 2012.

As a result of 10 years of cutting corporate taxes, individuals are carrying 61 per cent of the cost of government programs, while corporations now pay only 15 per cent.

In 2007, he never kept his promise to cut the $1.4 billion in tax breaks he gives to oil companies (the wealthiest corporations in history).
Donna Meness
www.findmaisyandshannon.com
06:09 PM on 01/05/2012
If you you look at the Conference Board of Canada rankings Canada’s economy has fallen behind Ireland’s for 2011. I think that indicates a rudderless ship.
http://www.conferenceboard.ca/hcp/hot-topics/econforecast.aspx
& further research:
http://rabble.ca/blogs/bloggers/progressive-economics-forum/2011/04/fiscal-record-canadian-political-parties
Donna Meness
www.findmaisyandshannon.com
06:07 PM on 01/05/2012
Trouble is, the new Tory party is not the party of the old, and the ‘less government’ ideal is one that does not benefit Canadians, it benefits corporations primarily, and protects them the most, with the asssumption that if left alone to grow, they will ultimately police themselves.
If that were true, the recession wouldn’t have happened and the bail-outs wouldn’t have been necessary in the first place. CEO’s of failed corps get millions in bonuses.
Harper’s policies and his out-right Eastern Canadian disdain and almost racist views are clearly difficult to process as a modern Canadian, but this is what you get when you put a man like him in power.
Less government, the eroding of our public institutions like education and health care, as well as senior care, and placing it more in the hands of the private sector whom he naively thinks will ‘trickle down’ to the rest of us.
The funny thing is about any trickling is that it only tallies the bottom line of any company, not how many jobs are created.
Nor does it tally as to whether or not that money invested from foreign sources actually stays in Canada.
Nor does ’smaller government’ worry about the least capable of our society.