Canada Puts Banks First Not Its People

Returning home from a bustling real estate conference in Las Vegas recently, I found myself immersed in the familiar chaos of a crowded airline lounge. Flight delays, rampant due to inclement weather, meant finding a single open seat at the bar was a minor victory. I settled in next to two gentlemen in their thirties, enjoying a beer. My order for a California Cabernet, a rather refined choice, drew a curious glance, as if I were an anomaly in that setting. To playfully assert my presence, I declared, perhaps a touch dramatically, “This is a banned substance in my country!” Their amused inquiry, “Where are you from?” was met with a proud “Canada!” Their ensuing apologetic laughter and comments about “nice Canadians” and “sorry for — you know who” (referring to Americans), offered a humorous moment, making me momentarily question if the distinction of being apologetic was no longer solely ours.

Curiosity piqued, I asked if their Vegas trip was for a bachelor party. Their response, “Kind of — we were attending SFVegas,” initially left me puzzled. They clarified it was a conference hosted by the Structured Finance Association. On the surface, the name might evoke images of staid, conservative financial discussions. However, they vividly described it as a vibrant intersection, a metaphorical offspring of the cinematic worlds of “The Wolf of Wall Street” and “The Big Short.” Indeed, SFVegas stands as the reimagined successor to the infamous American Securitization Forum, a historical gathering known for its lavish parties, celebrity headliners, and free-flowing champagne. After years marked by internal conflicts and the unflattering spotlight cast by “The Big Short,” a comprehensive rebrand was inevitable, thus birthing SFVegas.

It’s been over a decade since “The Big Short” hit cinemas, a film that powerfully depicted the unraveling of the 2008 financial crisis. The character Mark Baum, a fictionalized portrayal of real-life investor Steve Eisman, delivered a prescient speech in the movie, declaring, “Average people are going to be the ones that are going to have to pay for all this, because they always, always do.” This pivotal scene, set at the American Securitization Forum conference in early 2008, captured the palpable tension as the global financial system teetered on the brink of collapse, primarily due to subprime mortgage-backed securities and collateralized debt obligations. Baum’s words resonate with startling clarity within the context of the Canadian finance world today. While I don’t foresee an imminent financial crisis of the same magnitude, there’s a compelling argument to be made that Canadian financial regulatory interventions enacted post-2008 have disproportionately benefited large financial institutions, often at the direct expense of Canadian consumers. This growing disparity and the systemic challenges facing ordinary homebuyers form the critical focus of our discussion on the Canadian housing market and its intricate financial landscape.

Understanding Mortgage-Backed Securities and Their Role in Canada’s Housing Market

To properly navigate the complexities of Canadian housing finance, it’s essential to first grasp the concept of mortgage-backed securities (MBS). It’s not my intention to cast a negative light on MBS; they undeniably play a crucial and legitimate role in fostering liquidity within the housing industry. Banks, in both the U.S. and Canada, originate thousands of mortgages for homebuyers annually. In the U.S., lenders typically don’t wish to retain these loans for their entire 30-year term. Similarly, in Canada, financial institutions prefer not to wait for the standard five-year mortgage maturity to recoup their capital. This is where MBS become instrumental.

The process involves lenders bundling together a pool of similar mortgages—for instance, a collection of five-year fixed-rate mortgages. These aggregated mortgage pools are then sold as securities to investors. As homeowners make their monthly mortgage payments, investors in these MBS receive a blended stream of interest and principal payments, effectively generating passive income from these financial instruments. This mechanism is primarily designed to enhance liquidity in the housing market, ensuring that banks have capital to issue new loans, thereby keeping the mortgage pipeline flowing.

Canada takes this a step further with its robust Canada Mortgage Bond (CMB) Program. Under this program, these pooled mortgages are converted into highly liquid and attractive bonds, often backed by the full faith and credit of the Government of Canada (through Canada Mortgage and Housing Corporation, CMHC). This structure makes Canadian mortgage debt particularly appealing to a diverse range of domestic and foreign investors seeking stable, high-quality assets. A key feature of the CMB is that it repays the full principal at the end of its term, offering certainty to bondholders. While MBS facilitate crucial liquidity, their proper oversight and regulation are paramount, especially given their historical role in past financial crises. The challenge lies in leveraging their benefits without exposing the financial system, or the average consumer, to undue risk.

The Housing Paradox: Selling Our Debt, Not Our Homes to Foreign Buyers

The intricacies of Canada’s financial regulations sometimes present a bewildering paradox. On one hand, the Canada Mortgage Bond Program actively encourages and facilitates the sale of our mortgage debt to foreign investors, injecting vital capital into our financial system and supporting housing liquidity. On the other hand, successive governments and political leaders have consistently implemented and championed policies aimed at restricting foreign ownership of physical housing. This apparent contradiction raises a fundamental question: who truly benefits from this financial intervention, and whose interests are ultimately being served?

Consider the broader economic landscape: housing, fundamentally, is an industry like any other. Manufacturers of goods or providers of services are generally permitted to sell their products to any foreign buyer, unless those entities are subject to international sanctions. Yet, when it comes to the sale of residential properties, foreign buyers often face significant hurdles, including bans, surtaxes, and stringent regulations. This differential treatment begs scrutiny. There’s a widespread, cross-party consensus among all levels of government and political affiliations that Canada urgently needs more housing supply. However, the path to increasing supply is intrinsically linked to robust demand. By limiting a segment of potential demand—foreign buyers—through policy, we potentially hinder the very market dynamics necessary to stimulate the construction of new homes. This creates a supply-side bottleneck, where developers may be less inclined to build if the demand pool is artificially restricted, particularly for certain types of properties or in specific urban centers, ultimately impacting the overall availability and affordability for all Canadians.

The Mortgage Stress Test: A Barrier for Consumers, A Cushion for Lenders?

Among the most contentious financial regulations in Canada is the mortgage stress test, specifically OSFI’s B-20 Guideline. Implemented with the stated goal of ensuring financial system stability and preventing over-leveraging in a rising interest rate environment, its practical application has had profound and often negative consequences for Canadian homebuyers. While ostensibly designed to protect consumers from future rate shocks, the undeniable reality is that the stress test significantly shrinks consumer buying power, even for individuals who can comfortably afford their current mortgage payments.

The mechanics of the stress test require borrowers to qualify for a mortgage at a higher rate: either the Bank of Canada’s five-year benchmark rate (currently 5.25%) or their contract rate plus two percentage points, whichever is greater. This artificial inflation of the qualifying rate pushes many aspiring homeowners, particularly lower-income individuals and young, first-time buyers, effectively out of the market. They find themselves unable to qualify for the loan size necessary to purchase an adequate home. Consequently, a growing number of these buyers are forced to rely on financial assistance or “top-ups” from parents—a luxury not afforded to everyone—thereby exacerbating the socio-economic gap and creating generational inequities in homeownership. As a veteran of over three decades in this industry, I vividly recall a time when first-time buyers qualified based solely on their own merits and felt a profound sense of pride in achieving homeownership independently. The stress test has inadvertently stripped many of this opportunity, pushing up prices as those with external resources can afford to pay more.

Furthermore, the stress test has created unforeseen hardships for existing homeowners. Many who opted for variable-rate mortgages during the low-interest rate environment of the mid-2020s to early 2022 faced immense challenges when rates began to climb rapidly. They found themselves unable to lock into fixed rates, not because they couldn’t manage the payments, but because they could not re-qualify for the escalating fixed rates under the stringent stress test rules. This forced many into longer amortization periods, increasing the total interest paid over the life of the loan. In more severe cases, some borrowers even hit a “trigger point” in their variable-rate mortgages, where their monthly payment was no longer covering enough principal, necessitating painful lump-sum payments to avoid default and protect their homes. This illustrates how a seemingly protective measure can inadvertently trap and penalize consumers, undermining the very stability it purports to create.

Government Interventions: Coincidence or a Timely Bailout for the Construction Sector?

Recent government announcements have cast a spotlight on the delicate balance of market intervention, raising questions about intent and timing. The federal government, in conjunction with the Province of Ontario, recently declared a joint suspension of Harmonized Sales Tax (HST) on most new construction homes. This significant policy shift aims to invigorate residential construction, a sector that hasn’t experienced this level of distress since the challenging period of the 1990s. Industry estimates currently suggest a concerning surplus of over 7,000 newly built condominium units sitting empty, primarily in the Greater Toronto Area (GTA).

In response to this glut, an interesting partnership has emerged: High Art Capital, a private real estate investment firm, has joined forces with the Building Ontario Fund (BOF). The BOF is a Crown agency established by the Ontario government in 2024, ostensibly to address housing supply and affordability. This partnership’s explicit goal is to purchase these surplus condominium units. The timeline of events is noteworthy: on March 10, High Art and the BOF formally announced their collaboration. Two weeks later, on March 24, the Ontario government announced a substantial $300-million investment through the BOF. The very next day, March 25, the full HST rebate was publicly revealed. This rapid succession of events invites critical scrutiny: Is this a mere coincidence of policy timing, or a carefully orchestrated move designed to provide a timely bailout for a struggling construction industry?

Let me be clear: I am genuinely appreciative of the one-year elimination of this regressive harmonized tax. However, the historical context of the HST rebate mechanism warrants examination. When the HST was established in 2010, a $400,000 sales price threshold was set for the rebate. Ironically, the average price of a new construction home in Ontario at that time hovered between $350,000 and $400,000. This historical fact leads one to wonder if the original intention was, in fact, to have minimal to no effect on the majority of consumers purchasing new construction homes. The powers that be never saw fit to raise this $400,000 threshold over the ensuing decade, content to enjoy the substantial revenues while consumers bore the increasing financial burden on the “unaffordability train.” A pressing question now weighs heavily on the minds of many existing property owners—those who paid the full HST before this announcement, sometimes for units within the same building or complex: how will they realistically compete in the resale market with neighbors who have received a significant rebate, potentially upwards of $90,000 or more? This disparity creates an uneven playing field and raises significant concerns about market fairness and equity.

System Stability at the Expense of the Homebuying Consumer

A fundamental observation within Canada’s financial regulatory framework is the explicit focus on the safety and soundness of lenders, rather than the financial well-being of households or the accessibility of housing. The Office of the Superintendent of Financial Institutions (OSFI), Canada’s primary financial regulator, has unequivocally stated that its B-20 underwriting standards are designed to protect the safety and stability of federally regulated financial institutions and the broader financial system. While the pursuit of systemic stability is a laudable and necessary objective, it is explicitly acknowledged that consumer affordability or access to housing is not OSFI’s core mandate.

This regulatory philosophy, while making sense from a macro-prudential perspective, carries significant micro-level consequences. It should not, however, extend so far as to effectively lock out a substantial segment of consumers from the housing market. Estimates suggest that the mortgage stress test alone reduces a prospective buyer’s purchasing power by an alarming 20 percent. This reduction often forces consumers to seek out lower-cost housing options, which are frequently in ill repair or located in less desirable areas. Such compromises not only burden them with additional renovation costs and potential financial insecurity but also restrict their choices to properties that may not truly meet their long-term needs, thus undermining overall quality of life and future financial stability. The delicate balance between system stability and consumer access remains a critical challenge for Canadian policymakers.

The One-Sided Cushion: Borrowers Bear the Costs of Lender Security

The current regulatory environment, particularly the mortgage stress test, creates what can only be described as a profoundly one-sided financial cushion. This built-in payment buffer is designed primarily to shield investors in mortgage-backed securities and, of course, the major banks, by significantly lessening the risk of loan defaults should interest rates rise unexpectedly. Bankers, therefore, can rest comfortably, assured that their investments and capital are well-protected against market fluctuations.

However, this security comes at a direct cost to borrowers. They pay the price through reduced loan sizes, meaning they can afford less expensive homes, or through delayed homeownership altogether. The asymmetry of this relationship is striking: there are no reciprocal rules or mechanisms in place to compel lenders to offer relief to borrowers if interest rates fall significantly, or if borrowers consistently demonstrate a long-term, solid payment history. This glaring absence of symmetric protections means that while lenders are extensively insulated from risk, borrowers are left vulnerable, bearing the full brunt of market volatility and regulatory stringency without corresponding benefits when conditions improve. This clear imbalance in the risk-reward relationship highlights a systemic fairness issue within Canadian lending.

Convenience Masking Dependency: How the Stress Test Entrenches the Oligopoly

The dynamics surrounding mortgage renewals in Canada reveal another subtle yet powerful mechanism through which borrowers can become inadvertently trapped. OSFI guidelines clarify that lenders are not explicitly required to re-apply the stress test qualification rate at the point of mortgage renewal. On the surface, this appears to be a protective measure for existing customers, preventing them from being priced out of their current homes due to increased rates. However, this policy also has a less obvious, but equally potent, side effect: it actively discourages consumers from seeking out and obtaining more competitive mortgage rates from rival lenders.

Because switching lenders would trigger a new application and thus subject the borrower to the current, higher stress test qualification hurdles, the incumbent bank gains significant leverage at renewal time. The stress test, in this context, effectively acts as a protective moat around the existing financial institution, making it incredibly difficult for borrowers to move their business elsewhere, even if better rates are available. This dynamic further entrenches Canada’s existing big-bank oligopoly, limiting genuine competition and significantly reducing consumer choice. This phenomenon is vividly illustrated in consumer mortgage search data. In Canada, top mortgage searches frequently include the brand name of a bank followed by “mortgage rates” (source: Semrush and Ahrefs, via Globe and Mail). In stark contrast, generic “mortgage rate” searches in the United States outpace branded searches by an astonishing ratio of 40 to one, indicating a far more competitive and consumer-centric lending landscape south of the border. This disparity underscores how Canadian regulatory frameworks, despite their stated intentions, can inadvertently stifle market competition and consumer empowerment.

Learned Helplessness: The Borrower’s Plight in Canadian Lending

The principles-based nature of OSFI’s guidelines, while offering flexibility, inadvertently cultivates a sense of “learned helplessness” among Canadian homebuyers. These guidelines urge lenders to “carefully consider” critical aspects such as income verification, property appraisals, non-conforming loans, and their overall appetite for risk. While such flexibility allows institutions to adapt to evolving market conditions, the power to interpret and apply these principles largely rests with the financial institutions themselves, not with the individual borrowers.

Homebuyers are essentially compelled to accept the bank’s interpretation of risk and its internal policies to access credit, often with very little transparency into how these policies are set, adjusted, or applied to their specific situation. This lack of transparency can lead to unforeseen and detrimental outcomes. For instance, some institutions have implemented blanket appraisal policies, particularly prevalent in the new construction condominium market. In such scenarios, units may not appraise at the contracted purchase price, yet buyers are often bound by their purchase agreements. This creates a workaround that effectively protects banks and developers from market fluctuations or overvaluation risks, but it simultaneously traps buyers in a negative equity position as soon as the deal closes. This systemic lack of agency for borrowers, coupled with opaque institutional decision-making, contributes to a profound sense of helplessness and frustration within the Canadian lending landscape.

Towards a Stable Home: Bridging the Gap Between Policy and Reality for Canada’s Housing Market

The profound connection between stable housing and a stable economy, along with individual mental well-being, is extensively documented through countless studies. Housing has historically served a dual role in society: both a fundamental tool for financial stability and an indispensable social good. However, in the current Canadian context, there appears to be a significant and growing disconnect between the lofty goals articulated in regulatory guidance documents—which prioritize sound underwriting to foster public confidence and ensure the health of Canada’s tightly knit circle of financial institutions—and the lived reality of everyday homebuyers struggling to navigate an increasingly inaccessible market.

My intent is not to advocate for a reckless relaxation of underwriting rules. Prudent financial management is undeniably crucial. Yet, our housing financial history demonstrates periods when the pendulum of regulation has swung too far in one direction, creating unintended consequences. We are finally beginning to see constructive action on the supply side of the housing equation, which is a welcome development. The recent HST holiday for all buyers of new construction homes, coupled with a joint provincial and federal mandate to reduce municipal development charges by 50 percent in Ontario, are positive steps. These regressive taxes and charges have indeed become a runaway train over the last decade, and their reduction will contribute significantly to improving affordability for new builds.

However, it is now imperative that we treat the demand side of the housing market with the same vigour and commitment. This means seriously reconsidering the impact of the mortgage stress test. Solutions could include its complete elimination or, at the very least, a significant modification of the rules—perhaps waiving it when interest rates are above the five-year average, a period during which affordability is already strained. Such measures would allow a greater number of deserving consumers to enter the market, fostering increased access and flexibility in financing options. Instead of an exclusive focus on keeping our banks exceptionally well-capitalized, it’s time to shift our perspective and ensure that our citizens, too, are well-capitalized in their ability to achieve the fundamental goal of homeownership. A truly stable housing market benefits from both robust institutions and empowered, accessible homeowners.