Vancouver & Burnaby Chapter

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TILMA

TILMA (the Trade, Investment, and Labour Mobility Agreement) is a radical new agreement that strips power from democratically-elected governments and hands it over to businesses and investors. It was signed by the governments of Alberta and B.C. in 2006, and it came into partial effect in April 2007. After a two year transition period, it will come into full effect in 2009.

Under TILMA, businesses and investors will have the right to sue any provincial or municipal government for up to $5 million if they feel that a government measure—whether a law, rule, regulation, or program—infringes on their investment in any way. TILMA complaints will be settled in a NAFTA-style private court system by unelected, unaccountable panellists. The agreement is crafted to be so broad that it covers anything that is not specifically exempted. That means that any government measure, no matter how important to the public good, can be targeted by a business. Despite government assurances to the contrary, this agreement is so powerful that it will result in massive pressure to repeal laws that businesses don’t like. Over time, it will even create a “chill effect” to stifle progressive new laws before they are enacted, because fear of a TILMA challenge by business will be so great.

TILMA is extremely dangerous because its goal is clearly to undo all government measures that protect the public interest. When you think about it, all government measures restrict a company’s investment in some way, in order to maximize the good of the community. But the fundamental value expressed in TILMA is the idea that businesses should be able to do exactly as they please in every circumstance, without governments having any say. Because of this, government measures put in place over decades to promote the public good are all at risk. On top of that, passing progressive new laws will become harder and harder.

Given that we’re moving into an age of shrinking energy supplies and other resources, and will need to take decisive measures to promote sustainability, it is extremely irresponsible to effectively give businesses a veto over any rules they don’t like. Creating a system that would place the rights of corporations and investors above those of ordinary citizens is totally undemocratic. Moreover, the implementation of TILMA has been equally anti-democratic: no public consultations or input, and no debate in the Legislature.

In 2008, the Federal and provincial governments have been discussing expanding TILMA to cover the whole country. It is extremely important to note that this push to expand TILMA ties in with the whole Deep Integration agenda. NAFTA and the SPP govern our relationship with the U.S. and Mexico, but since so many Canadian rules and regulations occur at the provincial and municipal levels, in order for our business and political elites to fully implement the Deep Integration agenda, they need TILMA to weaken and harmonize government rules and regulations within Canada. If the elites get their way, they will create one huge North American zone where they make all the rules to further their own narrow interests.

This agreement must be stopped before it’s too late. That is precisely what the Council of Canadians is working tirelessly to do.