On May 15, 2025, Québec Ombudsperson Marc-André Dowd sent a letter to the Commission des finances publiques. In this letter, he commented on Bill 92 – An Act to amend various provisions mainly with respect to the financial sector. While supporting the legislative changes under consideration, Mr. Dowd expressed concerns about the impact of a proposed amendment to the Act respecting the regulation of the financial sector (ARFS).
Under the current ARFS, the Autorité des marchés financiers (AMF) enjoys certain immunities by virtue of its powers and functions. One section of the bill would expand these immunities. This change could make it harder for the Protecteur du citoyen to get the information it needs from the AMF.
The Protecteur du citoyen would like to emphasize that, in the exercise of its duties, it has extensive investigative powers. These powers allow it to obtain any relevant information or documents from the bodies over which it has jurisdiction, including the AMF.
In view of the above, the Protecteur du citoyen is making a recommendation to the Commission. The aim is to amend this section to ensure that it does not restrict the disclosure by the AMF of information requested by the Protecteur du citoyen.
