Ministers disappoint by adding TILMA-like enforcement to the Agreement on Internal Trade

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Jun 13, 2008, 5:24:56 PM6/13/08
to TILMA-BC
All,

As we feared news this week out of the Federal-Provincial-Territorial
Committee of Ministers on Internal Trade Meeting confirms they will
add TILMA-like enforcement mechanisms to the Agreement on Internal
Trade, after their meeting in Vancouver. Their release states:

"Ministers reached consensus on a dispute resolution enforcement
mechanism, thereby completing negotiations... Ministers agreed on
monetary penalty tiers which will reflect the diversity of size of
populations, and on the amount of time that must pass before a measure
can be re-challenged."

CUPE responded by asking "What real trade barriers justify measures
that would so drastically undermine democracy?".

And the Georgia Straight reported on the Yukon's rejection of TILMA.
I've included both press releases and article below.

Best,
Carleen

http://www.scics.gc.ca/cinfo08/830940004_e.html

Annual Meeting of the Federal-Provincial-Territorial Committee of
Ministers on Internal Trade Vancouver, British Columbia - June 10,
2008
Advancing Trade and Prosperity Among Provinces/Territories

Vancouver, British Columbia - June 10, 2008 . Federal/Provincial/
Territorial Ministers responsible for Internal Trade met today in
Vancouver. The meeting was chaired by the Honourable Colin Hansen,
British Columbia Minister of Economic Development and Minister
responsible for the Asia-Pacific Initiative and the Olympics.
Established under the Agreement on Internal Trade (1994), the
Committee on Internal Trade ( CIT) meets annually to review progress
on reducing or eliminating barriers to trade, investment and labour
mobility across Canada.

In welcoming Ministers at today's meeting, Minister Colin Hansen
emphasized the direction given by Premiers to resolve the outstanding
issues and move the agenda forward to strengthen the AIT.

Ministers heard presentations on implementation of the Trade,
Investment and Labour Mobility Agreement between Alberta and British
Columbia, as well as on negotiations between Ontario and Quebec on an
economic partnership agreement.

The Committee endorsed a report from the Forum of Labour Market
Ministers (FLMM) to proceed with consultations with external
stakeholders, and to hold a CIT meeting by the end of the year to sign
off on proposed amendments to the Labour Mobility Chapter of the AIT.

This is to achieve full labour mobility compliance with the AIT.

Ministers reached consensus on a dispute resolution enforcement
mechanism, thereby completing negotiations, and agreed to hold a CIT
meeting by the end of the year to sign off on proposed amendments to
the Dispute Resolution Chapter of the AIT. Ministers agreed on
monetary penalty tiers which will reflect the diversity of size of
populations, and on the amount of time that must pass before a measure
can be re-challenged. They also agreed to establish a mechanism to
deal with outstanding disputes under the AIT.

With respect to negotiations on an energy chapter, Ministers agreed
that a report will be forwarded to Premiers advising that officials
will continue to work on this in the months ahead.

Ministers endorsed the action plan on regulatory reform in the
transportation sector submitted by Ministers of Transport and Highway
Safety and requested a status report by the end of 2008.

Ministers look forward to the final draft of a revised Agriculture
Chapter, expected early this fall.

Ministers approved the Eighth Protocol of Amendment to the AIT which
strengthens complaint procedures applicable to provinces under Chapter
Five on procurement and which will enter into force when all Parties'
signatures are received.

Ministers also agreed to commence negotiations on accession to the AIT
by Nunavut without further delay.

The Committee is due to have its next annual meeting June 2009 under
the chairmanship of Yukon.

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http://cupe.ca/tilma/CUPE_to_Premiers_Bar#

Harsh internal trade rules not needed
June 11, 2008 07:41 AM

What are the trade barriers that justify the harsh enforcement regime
provincial internal trade ministers want for the AIT?

"What real trade barriers justify measures that would so drastically
undermine democracy?"

Since the AIT was first implemented in the early 1990s, compliance by
provinces has been voluntary.

Yesterday, the Ministers decided to institute court orders and
monetary fines of up to $5 million for 'violations' of the AIT.

As with TILMA, decisions on whether or not provinces are in violation
would be rendered by private arbitration panels. The TILMA (Trade,
Investment and Labour Mobility Agreement) model - which CUPE has
denounced - formed the basis for much of today's discussion.

For municipalities, new court-ordered fines such as what were
considered in Vancouver would severely constrain their ability to
pursue public policies in the interest of local communities.

Most municipal leaders have no idea this direction is even under
consideration, let alone how the change will reduce their ability to
act on behalf of the citizens who elect them.

Moist challenges the Ministers of Internal Trade to "Name the serious
province-to-province disputes that have been so unresolved as to
prompt the heavy hammer discussed today," adding, "And CUPE will show
you situations best resolved through mechanisms that favour
transparency, democracy, and fair labour standards."

"The Ministers' decision begs the question, are our governments
prompted by real issues on the ground or merely responding to pressure
from the latest big business coalition?"

Yesterday's Ministerial gathering comes on the heels of last week's
rejection of TILMA by the Yukon government. The Saskatchewan
government has also rebuffed TILMA, and Ontario Premier Dalton
McGuinty has committed to avoiding any inter-provincial trade
agreement that undermines labour standards.

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http://www.straight.com/article-149333/yukon-government-gives-tilma-cold-blast

Yukon government gives TILMA cold blast
By Matthew Burrows
June 12, 2008

Saskatchewan’s provincial government said no thanks 10 months ago, and
now Yukon has rejected the controversial Trade, Investment and Labour
Mobility Agreement.

TILMA is a joint B.C.–Alberta initiative that came into effect April
1, 2007, with no debate in the B.C. legislature. Legislation to
implement the agreement died on the order paper as Bill 17 in the
fall, before B.C. economic-development minister Colin Hansen
reintroduced it in the spring as Bill 32. It was forced through the
legislature on May 29, the last day of the session, again with no
debate.

On June 4, the Yukon government announced it will not join TILMA.

“Yukon remains committed to eliminating existing internal trade
barriers and will work through the Agreement on Internal Trade (AIT)
to address those issues,” Yukon premier Dennis Fentie said in a news
release. “We will continue to encourage business investment from other
jurisdictions and we support Yukon businesses who venture beyond our
borders.”

According to the release, Fentie’s government concluded after “a
thorough analysis” that one of the challenges associated with joining
TILMA included possible difficulties involved in implementing the
recommendations of the Yukon Environmental and Socio-economic
Assessment Board and the large costs of dispute resolution.

On August 1, 2007, Saskatchewan’s then–government relations minister,
Harry Van Mulligen, stated in a news release: “After careful study the
government has concluded that [TILMA] is not for Saskatchewan.”

Carleen Pickard, B.C.–Yukon regional organizer for the Council of
Canadians, issued a news release on May 29 expressing the citizens’
group’s “outrage” at the lack of debate in the B.C. legislature.

“It is incredible that there has been no discussion on an agreement
that will lower standards across the two provinces and undermine local
government autonomy,” Pickard said in the release.
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