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ECONOMY: Alberta’s Bill 38 to strengthen the dispute resolution process of trade, investment and lab
            (AlbertaIndex, May 11, Friday) --- Bill 38, the Government Organization Amendment Act, introduced May 7 in the Alberta Legislature, would allow a penalty imposed by an Alberta-B.C. Trade, Investment and Labour Mobility Agreement (TILMA) dispute panel to be filed in the Alberta courts. British Columbia has introduced similar legislation.             According to the Alberta International, Intergovernmental and Aboriginal Relations Ministry, the legislation would make the agreement’s dispute resolution process enforceable.
           
TILMA outlines a three-step process to resolve disputes: dispute avoidance, consultation, and finally, only as a last resort, resolution through an impartial panel.
            “Enforceable dispute resolution is one of the ways the TILMA improves on the Agreement on Internal Trade (AIT),” said Guy Boutilier, Minister of International, Intergovernmental and Aboriginal Relations. “To ensure on-going public participation, the Alberta government is continuing to consult with municipalities, along with universities, school boards, health authorities, occupational organizations and regulatory bodies, to determine the extent to which they will be affected by the TILMA when it comes fully into force in April 2009.”
            Under TILMA, a dispute panel has the ability to impose a financial penalty only if a government does not change a measure found to violate the agreement. The maximum penalty is $5 million and would only apply to the provincial governments of Alberta and BC.
            Private parties cannot sue through the courts under the TILMA. They can 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.
            The Alberta-BC agreement is Canada’s most comprehensive internal trade agreement. It creates a market of 7.8 million people and Canada’s second largest economy.

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