TILMA

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This article refers to the trade agreement. For other meanings, see Tilma.

TILMA is the Trade, Investment, and Labour Mobility Agreement between British Columbia and Alberta, Canada. The agreement was signed, without public consultation, on 28 April 2006, and provides a virtual economic union between the two provinces. It came into effect 1 April 2007. Other provinces are considering joining this agreement as well.

Under the General Rules of TILMA, Article 3 entitled “No Obstacles,” reads: “Each Party shall ensure that its measures do not operate to impair or restrict trade between or through the territory of the Parties, or investment or labour mobility between the Parties.”

TILMA supporters say that a similar clause is contained in a number of other agreements, including the national Agreement on Internal Trade (AIT) signed in 1994; that British Columbia and Alberta have been committed to a “No Obstacles” clause for over ten years already. They point out that Article 3 addresses obstacles to the flow of goods, services and investment across provincial borders, not obstacles to internal measures.

Critics of the Agreement compare it to NAFTA. They say it has potential to interfere with the ability of government to implement laws, and suggest that TILMA allows corporations and individuals to sue provincial governments.

A legal opinion comissioned by the Canadian Union of Public Employees states by imposing financial and other sanctions on the otherwise lawful acts of the province, municipalities and other public bodies, TILMA directly confront basic constitutional norms, including the rule of law and democracy.^[1]

National and international experts on such agreements note that the TILMA will be good for the economy of British Columbia and Alberta.^[2] Groups expressing support for the Agreement include the British Columbia Chamber of Commerce, the Canada West Foundation, the Business Council of British Columbia, and the Conference Board of Canada. These are all business-oriented organizations whose Boards of directors are composed primarily of various corporate officers, and whose contributors are, in majority, corporations.^[3] ^[4] ^[5]

Both the governments of Alberta and British Columbia are consulting with credentialing bodies, municipalities and other stakeholders during the two-year transition period from April 1, 2007 - April 1, 2009 when the Agreement comes into full implementation.