Critics fear TILMA will lead to lower standards and less local power
Companies could sue municipal governments for making it hard for them to do business and Alberta might have to lower its standards for skilled tradespeople under a new free trade agreement between Alberta and British Columbia.
The provinces signed the Trade Investment and Labour Mobility Agreement (TILMA) in 2006. Bill 1 which is currently in front of Alberta’s legislature will implement the agreement.
TILMA’s aim is to abolish any restrictions on companies doing business between the two provinces and to make it easier for people to work in both. For instance if a worker in B.C. has lower qualifications than their Alberta counterpart they will now be allowed to work in Alberta without having to upgrade their qualifications to meet Alberta standards and vice versa. Likewise a company that had to follow a different set of regulations in each province will now have to follow only one set.
“It’s making life easier for Albertans” says Mike Deising spokesperson for Alberta’s Ministry of International and Intergovernmental Relations. “We’re making Alberta and B.C. one big economic region we’re making it more attractive for investment.”
Critics however argue that TILMA will lead to lower standards for the sake of business. Because the agreement forbids governments from making any new laws that would interfere with trade or hurt companies trying to do business critics say TILMA will stop municipal governments from imposing tough health or safety laws. “I think this will become an excuse for municipal councillors not to do something. It’s like the chill effect in defamation law” says David Climenhaga of the Alberta Union of Public Employees. For instance if a local school board tried to ban the sale of soft drinks at school for health reasons the pop company could sue it under TILMA for blocking its ability to do business he says.
Fears like these have prompted 20 municipal governments in B.C. including Vancouver’s to pass resolutions asking the province to exempt them from TILMA until the public is consulted and the agreement is amended to address their concerns. “We as municipalities have never had any input” says Joe Snopek mayor of Creston B.C. Snopek is afraid that TILMA will hurt local businesses in his town of 4800 by opening the door to larger businesses from Calgary that may scoop up city contracts.
He’s also worried that things such as the 100-mile diet — the regimen outlined in the popular book of the same name — could be challenged under TILMA.
Because the agreement requires the two provinces to harmonize their laws by adopting whichever of the two laws is less stringent some fear that TILMA will lead to an overall lowering of the environmental health and safety standards companies have to comply with. Alberta generally maintains higher standards of certification for skilled trades and Climenhaga believes TILMA could force them to lower their standards or allow less skilled workers from B.C. to work the same jobs as their more qualified Alberta counterparts. “We want the standards to be kept the same” says Ron Harry executive director of the Alberta Building Trades Council. “Reducing standards is not beneficial in any way shape or form.”
However the Alberta government says this isn’t something to worry about. Reconciling standards between professions will be left to the professional associations themselves says Deising and they can choose to make the standards higher. The government has also met with municipalities to address their concerns particularly with the fact that they will no longer be able to favour local businesses when awarding large contracts.
“What TILMA’s saying is ‘if it’s going to be open to an Alberta company it has to be open to a B.C. company.’ The playing field has got to be levelled” he says.
Currently the B.C. government is in consultations with city governments to figure out how to implement the agreement and alleviate their concerns but the content of the discussions is secret. “Our parties have signed confidentiality agreements” says Paul Taylor spokesperson for the Union of British Columbia Municipalities which passed a resolution last fall to push the province to either change the agreement exempt local governments from it or withdraw from TILMA altogether. “We’re just advocating on behalf of the concerns that were raised by our members.”
While the Alberta government has encountered opposition to TILMA in the legislature it hasn’t submitted the full agreement to a vote. Only implementation bills such as Bill 1 are up for debate.
“This went through without the public input” says Sheila Muxlow Prairie regional organizer for the Council of Canadians a left-wing advocacy group. “The biggest issue is the process it was signed and is now being pushed through.”
