Trade agreement draws opposition

By jeff nagel Black Press Sep 30 2007

Civic leaders from across B.C. voted overwhelmingly Wednesday to press the province to reopen its controversial TILMA trade agreement with Alberta to protect local cities. A large majority of delegates at the Union of B.C. Municipalities convention backed the resolution that cites the potential for "far reaching negative impacts on local government" and calls on Victoria to either change the accord, negotiate exemptions for cities or else withdraw altogether. The Trade, Investment and Labour Mobility Agreement aims to create a more level playing field of regulations that would foster increased business in both provinces.

Municipalities would be required to ensure their bylaws and regulations treat Alberta and B.C. companies the same. Alberta firms could sue B.C. over discriminatory treatment here. Economic Development Minister Colin Hansen has repeatedly denied TILMA would weaken environmental standards or civic rules over development. But several delegates said they remain unconvinced after seeing Hansen debate the UBCM's top lawyer on the topic this week.
"Sustainable procurement practices are definitely threatened," said Vancouver Coun. Heather Deal, adding requirements to put all purchases over $10,000 out to tender will devour far too much staff time. Richmond Coun. Harold Steves said he remains unconvinced an Alberta company couldn't launch a challenge against B.C.'s Agricultural Land Reserve under TILMA.

"UBCM is speaking with one voice," he said. "It's not ideological left-versus-right – it's everyone who's concerned." The province had already pledged to consult with cities during a two-year phase-in period for TILMA and negotiate any required exclusions or special provisions. UBCM officials have drawn up a list of 10 areas where they want changes, including:

• Exemption of land use regulations.

• Exemptions to ensure local standards won't be harmonized downward, taking away local control over unacceptable business practices or other public interest issues.

• An exemption allowing cities to continue to provide assistance to a specific business if it's allowed under the Community Charter.

• Higher thresholds for procurement tendering and exemption from new rules on how winning bids should be chosen.

• Provision so cities can defend their measures if challenged under TILMA, regardless of whether or not the province mounts a defence.

The UBCM policy paper on TILMA called the agreement "vague" and without precedent, noting the uncertainty over its effects have spawned angst and opposition.