With no public consultations, on April 1, 2006, the governments of British Columbia and Alberta announced the signing of a sweeping new accord: the Trade, Investment and Labour Mobility Agreement. (Google TILMA for Background Information).

The B.C. government has touted the agreement, which came into force on April 1, 2007, as an important means to "removing barriers to inter-provincial trade, investment and labour mobility.”

However, a growing body of commentary suggests that the Agreement poses significant challenges to Municipal Governments.

Proponents on both sides of the issues will be debating TILMA at the upcoming Union of British Columbia Municipalities Convention.

What have the Members of Castlegar City Council done to research this issue & what is the City of Castlegar's position on TILMA?

Raymond Koehler

Castlegar

ANSWER: Councillor Turner gave a thoughtful and extended verbal response, although the question did not receive a direct answer verbal or written.

Raymond Koehler forwarded the following analysis to Council on 09 - 14 - 07

"Friday, September 14, 2007 8:49 PM

Subject: UBCM Executive's Analysis of TILMA

"In the lead up to the Union of British Columbia Municipalities meeting,
the Executive has released their policy paper on TILMA. To see the
document go here: http://ubcm.ihostez.com/content/pdfstorage/27AAEEDD1DD24622AF85112E23EBD8A4-PolicyPaper4_TILMA.pdf

> On page 9, there is a summary of the issues that the Executive would like
> to see negotiated as part of their talks with the province (scroll down to
> see this excerpt). The list highlights concerns that have been raised by
> local governments in B.C. and includes a call for local governments to be
> exempt from TILMA during the negotiation process. The document also states
> the UBCM wants to pursue an exemption from the requirement under TILMA to
> harmonize standards or regulations.
>
> Excerpt from UBCM policy paper
>
> 'Preliminary Areas for Discussion with the Province
>
> After providing an overview of the Agreement, UBCM consulted with Don
> Lidstone with respect to issues that UBCM should raise with the Province
> in our discussions. This section outlines the recommended actions to
> address each of the issues that have been identified in Part 4 of this
> policy paper. The recommendations are not meant to be exhaustive but are
> designed to provide the preliminary list of issues that need to be raised
> in initial discussions with the Province.
>
> Application of TILMA during Consultation Process
> 1. UBCM obtain an amendment to the TILMA to exempt expressly all measures
> of "municipalities or municipal organizations" as defined in the TILMA
> during the two year transition period referred to in Articles 9.1 and 9.2
> of the TILMA.
>
> Procurement
> 2. UBCM request that local government be exempt from the requirement under
> the TILMA that procurement must give the highest level of consideration to
> "...like, directly competitive, or substitutable goods; persons; services
> and investors or investments."
>
> 3. UBCM request that the TILMA requirement that municipal governments
> tender goods, services and construction over prescribed thresholds be
> amended such that the levels contained in the AIT will continue to apply.
>
> Subsidies
> 4. UBCM request that the TILMA be amended to exempt any municipal
> assistance to, subsidization of, or incentive to a business that would
> otherwise be a valid exercise under the Community Charter or Vancouver
> Charter.
>
> Harmonization
> 5. UBCM request that the TILMA be amended to exempt municipalities from
> the requirement to reconcile standards or regulations if the
> reconciliation would obviate local control over what the community
> considers to be unacceptable business practices (or other issues of local
> interest).
>
> Regulatory Bylaws
> 6. UBCM request that the General Exceptions contained in Part V of the
> TILMA be expanded to cover land use regulation by municipalities and
> municipal organizations and the spheres listed in section 8 (3) of the
> Community Charter. Analogous exceptions for Vancouver and Alberta
> municipalities should be listed as General Exceptions.
>
> Dispute Resolution
> 7. UBCM request that the TILMA be amended to allow local governments to
> defend their measures in the dispute resolutions process, whether or not
> the Province appears as a party or intervenor.
>
> 8. UBCM negotiate an agreement with the Province to prohibit the Province
> from requiring local governments to either pay penalties for or repeal
> constitutionally valid measures that are found by dispute panels to be in
> breach of the TILMA.
> 9. UBCM request that the provincial government negotiate amendments to the
> TILMA dispute resolution process including a provision that protects
> against vexatious or frivolous claims.
>
> Consultation
> 10. UBCM request the provincial government negotiate these amendments
> under the consultation agreement under section 277 of the Community
> Charter, and further collaborate during the consultation process with the
> Alberta Urban Municipalities Association and the Alberta Association of
> Municipal Districts and Counties.
>
> 6. Concluding Remarks The TILMA requires extension to local governments as
> part of the broader public sector. UBCM has taken steps to engage the
> Province in discussions, identified the issues of interest to members,
> developed a consultation agreement that ensures that consultation and
> negotiations take place and has put forward some preliminary
> recommendations that will provide the focus of our discussions with the
> Province.
>
> UBCM recognizes that we need to move forward and ensure that we are
> prepared to engage in those consultations and negotiations in order to
> effectively represent the interests of the membership. We have developed
> an initial recommended plan of action and will work over the next 18
> months to seek amendments to the Agreement that are in the interests of
> our membership.
>
> Recommendation That the membership indicate their support for the proposed
> course of action, including the recommendations that have been proposed
> under Part 5 of this policy paper.' "