KNOW TILMA
The Yukon Government is considering signing onto the TILMA, and it is being shopped around the rest of the Territories and Provinces should you be concerned? In case you haven’t heard about it yet, TILMA is the Trade Investment Labour Mobility Agreement signed in April 2006 by the Premiers of Alberta and BC. Proponents of the agreement tout it as being a great deal for Alberta and BC and everything business has asked for.
If TILMA is such a good deal for the people of BC and Alberta, one has to wonder why they weren’t consulted prior to its signing. Or, for that matter, why the deal wasn’t taken to the BC and Alberta legislatures to be voted on by the elected representatives of the people instead of being signed behind closed doors without so much as a peep about it to the people it will effect.
On the surface TILMA sounds pretty good. Workers will be able to use certifications attained in one jurisdiction to get work in another, increased trade between provinces will increase the economy. But one only has to scratch that surface a little to see what that really means to Yukon. Yes there would only be one standard for professional certifications, but it would be from the jurisdiction that has the lowest standard. Any higher standard would be considered a barrier to trade and would be open to challenge and a potential order to the Government of Yukon to pay $5,000,000.00. The reality is that labour mobility issues that do exist could be better addressed through mutual recognition agreements that would not have the effect of lowering standards across the board.
TILMA doesn’t just deal with labour mobility issues, the primary goal is to remove barriers that restrict or impair trade and investment. According to a report by Lidstone, Young, Anderson for the Union of British Columbia Municipalities “Article 4 of TILMA provides that each party must accord the other party treatment no less favourable than the best treatment it accords, in like circumstances, to its own citizens or those of any non-party. This treatment applies, for example, in relation to zoning, subdivision, or other regulatory bylaws; … procurement; business regulation and licensing; and “assistance” whether under partnering agreements or otherwise.”
That’s a very encompassing list, with far sweeping implications for not only provincial/territorial governments, including their agencies and Crown corporations; but also for municipalities, school boards and other publicly funded academic, health and social service entities. Not only will TILMA effect regulations already in place, but it will have a chilling effect on any new regulations. NAFTA has proven that with the threat hanging over their heads of a $5,000,000.00 judgment if the regulations is challenged and found restrictive, governments tend to error on the side of caution, ensuring the regulation is not restrictive, rather than ensuring it is the right decision for the citizens.
In view of its potential for significant impact on this territory’s future democratic decision-making process at all levels of governance, it is absolutely essential that open and transparent, territory wide consultations take place in order that the public have the opportunity to provide the government with direction on TILMA.
