| Several groups are protesting a trade agreement between Alberta and B.C., arguing it will threaten the ability of local and provincial governments to enact legislation that protects the public good.
The agreement, which came into effect on April 1, requires the two governments to "recognize or otherwise reconcile their existing standards and regulation that operate to restrict or impair trade, investment or labour mobility." The provinces have also promised not to "establish new standards or regulations that operate to restrict or impair trade, investment or labour mobility." The agreement allows individuals and corporations to complain to a dispute panel, which can fine either government up to $5 million.
Ellen Gould, a researcher for the think-tank Canadian Centre for Policy Alternatives, says she’s concerned the agreement will allow corporations to sue governments over a wide variety of legislation.
"The concern is how broad and extreme the provisions... are. The most important aspect of this agreement is it says you cannot restrict a business," she says. "There’s basically nothing that government does that does not restrict business in some way, so if you regulate, you are restricting business. If you provide a service, you are restricting business. This is an unprecedented restriction on government… a broad-brush assault on the ability to govern."
The agreement provides exemptions for water, aboriginal people, energy and minerals, forest, fish and wildlife, management and disposal of hazardous waste, taxation, royalties and social policy, including labour standards and codes, minimum wages, employment insurance, social assistance benefits and worker’s compensation. However, it states that all of these exemptions will be reviewed annually.
The agreement has a clause that allows a government to create new measures to protect a "legitimate objective" but only if the measure isn’t more restrictive to trade, investment or labour mobility. Legitimate objectives listed in the agreement include protection of human, animal and plant life, protection of the environment, conservation of non-renewable resources, consumer protection, worker safety and provision of health and social services. Gould says the requirement to ensure new measures aren’t more restrictive to trade, investment and labour mobility would make it a challenge for governments to strengthen any regulations or legislation.
TILMA won’t apply to municipalities, school boards and health regions until 2009. The province has promised consultations before then. Gould says local governments should be very concerned. Municipal height restrictions to preserve views, green space and signage requirements and land use planning objectives could be challenged under the agreement, she says. Schools boards and health regions could be challenged if they try to ban junk food or trans fats in schools or hospitals, she says.
The Calgary District Labour Council (CDLC) and the Council of Canadians oppose the agreement.
Shawn Robbins, Alberta negotiator for the agreement, says the Alberta government could decide to add more exemptions to what is covered by the agreement based on feedback from municipalities. "Governments will be able to govern in the way they have in the past to ensure the public interest is maintained and protected," he says, adding the agreement is only aimed at "ensuring there’s no unnecessary impediments between the two provinces." |
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