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ECONOMY: Alberta-BC trade, labour and investment pact takes another step forward
        (AlbertaIndex, December 11, Tuesday) --- The Alberta Legislature has passed the Government Organization Amendment Act to implement an enforceable dispute resolution process under the Alberta-British Columbia Trade, Investment and Labour Mobility Agreement (TILMA).

        The TILMA dispute resolution process is a tool available for Albertans to ensure open markets in B.C. As part of the process to fully implement the TILMA by 2009, similar legislation is also before British Columbia’s Legislature. Effective and enforceable dispute resolution is one of the ways the TILMA improves on the pan-Canadian Agreement on Internal Trade, which has no mechanism to enforce dispute resolution panel decisions.

TILMA came into force on April 1. It is Canada’s most comprehensive interprovincial trade agreement and creates a market of 7.8 million people - Canada’s second largest economy.

"The legislation means a TILMA dispute panel ruling will be enforceable.  It will have real teeth,” said Guy Boutilier, Minister of International, Intergovernmental and Aboriginal Relations. “This is ultimately intended to help the consumers of Alberta and British Columbia.”

The Alberta government said it continues to consult with municipalities, along with universities, school boards, health authorities, occupational organizations, regulatory bodies, crown corporations and financial institutions to determine the extent to which they will be affected by the TILMA when it comes fully into force in 2009.

The three-step dispute resolution process includes dispute avoidance, consultation, and finally, only as a last resort, resolution through an impartial panel. If a government does not change a measure found to violate the TILMA, a dispute panel may impose a financial penalty.

The penalty can be any amount up to $5 million and would apply only to the two provincial governments. There are currently no disputes under the agreement.

Private parties cannot sue through the courts under the agreement. They may access the dispute resolution process and seek recourse only on measures related to trade, investment or labour mobility.

Under the dispute resolution process, only one dispute can be launched on what is essentially the same complaint at any time - allowing a situation to be supported or corrected and eliminating grounds for further complaints.

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