Calgary Herald

BANK MOAT’S CATCH-22

Barriers made to reduce risk, allow foreign forays stifle innovation, competitio­n at home

- GEOFF ZOCHODNE Financial Post gzochodne@nationalpo­st.com

TORONTO The Big Six banks probably don’t need much in the way of protection. They are among the country’s most profitable companies and, judging by their expansion into the United States and elsewhere, their more pressing concern at the moment may be breaking into other markets.

For example, Bank of Nova Scotia is increasing its market share in Latin America; Toronto-Dominion Bank has become one of the biggest retail lenders in the U.S.; Bank of Montreal and Canadian Imperial Bank of Commerce are duelling for customers on the streets of Chicago; and Royal Bank of Canada made its show business debut by buying Los Angeles-based City National Bank.

If anything, their domestic competitio­n may welcome some protection of their own, since the rules in place here can act as their own sort of moat for the banks — a kind of protection­ism via regulation.

Canada has a reputation for having a relatively steady banking system and the high degree of regulation is intended to keep the financial system safe. Yet the same rules that keep everything on an even keel could also have the unintended consequenc­es of limiting competitio­n and consumers’ choices.

Current rules include restrictio­ns around foreign ownership and anti-money laundering practices, but there are also certain regulatory requiremen­ts for capital and other well-meaning standards that set a high bar to clear for any potential newcomers.

“The bigger and perhaps new conversati­on in Canada about the ease of access or competitiv­eness of our financial services sector in my opinion is where Canada practises protection­ism,” said Sue Britton, chief executive and founder of the FinTech Growth Syndicate Inc., in a written response to questions from the Financial Post.

“We have organizati­ons, policies and regulation­s designed to reduce risk and, therefore, access to consumers by new competitor­s in financial services — for example, new startups cannot access the systems to process payments without having a bank partner — and that is the big discussion right now.”

Regulation can have the side-effect of pumping the brakes on innovation. A December 2017 study by the Competitio­n Bureau noted there were a number of heavily regulated “barriers” at both the federal and provincial levels that could hinder technology companies trying to enter the financial services market, and many of them could apply to foreign companies trying to break in through the same avenue.

“Although these regulatory frameworks are unquestion­ably important in safeguardi­ng consumers and mitigating risks to the financial system as a whole, they can inadverten­tly deter innovation and the competitiv­e benefits that follow,” the study said.

For instance, robo-advisers, which can challenge the traditiona­l wealth management offerings of the banks, must also hire “advising representa­tives to be involved in portfolio decision-making,” the report said, “increasing costs and impeding the developmen­t of automated solutions.”

And when it comes to lending, “technology-driven financing platforms are subject to the same regulation­s as their bricks-and-mortar counterpar­ts, despite potentiall­y different risks associated with their business models.”

But for banks, the main piece of relevant legislatio­n is the Bank Act, the first version of which was passed in 1871, though it has been periodical­ly updated ever since. A federal government document called the Evolution of the Canadian Banking System Since Confederat­ion noted the first Canadian banks were in business before 1867, and that the regulation­s back then were inspired by the U.S. and U.K.

“The British valued bank stability over experiment­ation, and the Colonial Office maintained close control on early practices in British North America,” the document said.

That cautiousne­ss extended to what has now become one of the biggest money-makers for Canadian banks: home loans.

“The long-standing prohibitio­n against mortgage lending by banks was removed in the 1954 Bank Act revision,” the document said.

In its current iteration, the Bank Act generally also sets out that bigger banks, such as RBC or TD, must be broadly owned, which hinders takeover possibilit­ies.

Foreign banks can set up shop in Canada, but the Bank Act again sets out a number of considerat­ions the government must take into account before allowing one to do so. Those considerat­ions include “the business record and past performanc­e of the foreign bank,” and “the best interests of the financial system in Canada.”

The process to opening a bank branch in Canada can also be a gradual one, as realized by California-based Silicon Valley Bank. The lender in May 2017 applied to establish a branch in Canada; it received an order from Canada’s finance minister authorizin­g the branch this past March, but said it was still subject to further approval from the Office of the Superinten­dent of Financial Institutio­ns, Canada’s banking regulator.

An online explainer from law firm Norton Rose Fulbright on foreign banks said branches are merely the Canadian office of an internatio­nally headquarte­red bank and would not need separate capital or a board.

“However, branches are required to maintain ‘capital equivalenc­y deposits’ in Canada to provide some cushion for their Canadian liabilitie­s,” the law firm said.

Other barriers could be thrown up by the incumbent banks themselves, such as the cost of switching accounts to a new company. According to the Competitio­n Bureau, “fees and penalties for switching increase the costs and difficulty for consumers, which makes adoption of new services or products less likely to happen quickly.”

There’s another side to the money issue. The Competitio­n Bureau said some stakeholde­rs suggested “the dearth of investment focused on fintech companies is contributi­ng to the exodus of financial services sector innovators seeking more fintech-friendly jurisdicti­ons and putting Canada’s global competitiv­eness at risk.”

Other non-regulatory barriers include a high level of trust in incumbent institutio­ns, making it difficult for new players to entice customers away from them.

Britton agreed there are “big barriers” facing companies trying to break into the financial services sector, but said the current conversati­ons about this are too high-level.

“We need to be more specific and talk about payments separately from ICOs or robo-advisers,” she said. “Why? Because our regulatory framework and policies that govern who gets access and who doesn’t is different for virtually every financial offering. Trying to determine who to even talk to in order to assess what regulation­s apply to your product as a startup is almost impossible.”

Even so, the renegotiat­ion of the North American Free Trade Agreement managed to give the banks a bit of a jolt. Among the U.S. objectives for the trade talks, as laid out by the Donald Trump administra­tion, were expanding “competitiv­e market opportunit­ies for United States financial service suppliers” and improving “transparen­cy and predictabi­lity in ... respective financial services regulatory procedures.”

Such was the unique nature of the situation that Toronto Mayor John Tory went to bat for the city ’s financial services industry, telling BNN last summer that “we’re the ones that are in need sometimes of protection­ism, as big as some of our banks are.”

Dave Bauer, a spokespers­on for the Canadian Bankers Associatio­n, said the “overarchin­g priority of the industry” for the trade talks should be preserving “the spirit and structure of NAFTA’s existing trilateral framework of rules and commitment­s.”

Still, the industry group suggested that one area in which NAFTA could be improved is better co-ordinating regulation­s around crossborde­r financial services activity.

“We are supportive of ways to improve transparen­cy, predictabi­lity and co-ordination in each country’s financial services regulatory procedures,” Bauer said. “All this must be done within the context of each country’s domestic prudential framework that protects investors, depositors and policyhold­ers as well as the integrity and stability of the financial system.”

The CBA also noted that Canada is already home to 22 U.S.-based bank subsidiari­es and branches that control more than $80 billion in total assets.

“Similarly, in the U.S. and Mexico, Canadian banks have grown their footprints significan­tly meeting a wide cross-section of Ameri- can and Mexican businesses and consumers, as well as Canadian businesses who have taken advantage of NAFTA,” Bauer said. “These benefits were evident during the financial crisis when Canadian banks purchased U.S. banks in financial difficulty, providing stability to local markets.”

While NAFTA gets sorted, Canadian banks continue to eye internatio­nal expansion, particular­ly in the U.S.

“By and large, commentary from BMO and TD suggests that with uncertaint­y removed around U.S. tax reforms, the trajectory from Fed rate hikes, and a more supportive regulatory environmen­t, the appetite for U.S. expansion appears to be more receptive,” Barclays Capital recently noted.

“And, while CIBC continues with its integratio­n of Private Bank, and its focus remains largely on organic growth and executing its (stock buyback), complement­ary tuck-in acquisitio­ns to support the PVTB acquisitio­n, still remain on the bank’s radar.”

The domestic atmosphere may even be making the foreign forays possible. Britton said the Big Six banks “have a disproport­ionately large share of the market” of around 90 per cent. “And because of that, they control (and are slowing) the pace of innovation to a great extent in Canada.”

However, Bauer noted the federal government recently passed legislatio­n that “modernized” the Bank Act. The updates, he said, allow lenders more opportunit­ies to “collaborat­e and partner with new entrants, and enables banks to act as a catalyst for innovation across Canada by bringing the fintech community much needed capital, trusted customer relationsh­ips and brand power.”

“The new legislatio­n inextricab­ly links banking and technology — and that’s a tremendous step forward for consumers who want more opportunit­y and choice in a digital world,” Bauer added.

But the status quo has put Canadians at “a significan­t disadvanta­ge” when it comes to gaining access to new financial products and services, Britton said, adding the lack of competitio­n is undoubtedl­y stifling growth.

“More of our own innovation has to seek first customers and revenue outside Canada to make it,” she said. “Lately, we seem to be doing a better job of encouragin­g investment in Canada than we are scaling up our new innovative companies.”

The bigger and perhaps new conversati­on in Canada about the ease of access or competitiv­eness of our financial services sector in my opinion is where Canada practises protection­ism.

 ?? NATHAN DENETTE/THE CANADIAN PRESS ?? “Big barriers” are facing companies trying to break into the financial services sector in Canada, which is dominated by the Big Six banks. The status quo has put Canadians at “a significan­t disadvanta­ge” when it comes to gaining access to new financial...
NATHAN DENETTE/THE CANADIAN PRESS “Big barriers” are facing companies trying to break into the financial services sector in Canada, which is dominated by the Big Six banks. The status quo has put Canadians at “a significan­t disadvanta­ge” when it comes to gaining access to new financial...

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