MOTION ON NOTICE

At the Council meeting of February 19, 2002, Councillor Bass submitted the following Notice of Motion, which was recognized by the Chair.

1. Protection of Civic Democracy and Ensuring Local Decision-Making (File: 6001)

WHEREAS, at its May 2, 2000 meeting the City of Vancouver unanimously agreed that Canada should get a "permanent and explicit exemption in the GATS (General Agreement on Trade in Services) that would limit its application to areas of Federal jurisdiction," (a resolution also passed by the UBCM at its October 24-27, 2000 meeting);

AND WHEREAS, World Trade Organization negotiators are considering extension of this agreement to local government regulation over zoning and hours of operation;

AND WHEREAS, transnational retailing corporations such as Wal-Mart, Carrefour, and Marks and Spencer have been reported to have lobbied to get such provisions adopted by the WTO;

AND WHEREAS, a new GATS provision applied to zoning will mean all regulations over zoning and hours of operation would have to meet the test of being "necessary" as determined by a WTO trade panel;

AND WHEREAS, the new provision will be a legally binding article in the GATS agreement and thus enforceable through the WTO;

AND WHEREAS, a GATS provision on zoning would eventually [it would do this immediately, as soon as the provision comes into force at the end of the current round of negotiations in 2005 create substantial uncertainty for local government representatives when they make decisions on zoning and store hours, even though Canadian law empowers them to make such decisions;

AND WHEREAS, the provincial government is responsible for safeguarding the authority of local governments in the formulation of Canada's negotiating position on GATS;

AND WHEREAS, on March 13 and 14, provincial and federal representatives will meet to discuss Canada's position in these negotiations;

AND WHEREAS, all WTO member states have to submit their proposals for these negotiations by June 2002;

THEREFORE BE IT RESOLVED THAT, the City of Vancouver ask:

(a) the Minister of Competition, Science and Enterprise to press at the March 13 and 14 federal-provincial meeting for a complete exemption of local governmental laws and regulations from the GATS; and

(b) the Minister to meet with the Mayor and City Council to report on the results of his efforts at the March 13 and 14 meeting and to hear the City's concerns about the legal and regulatory restrictions posed for local governments by the proposed trade agreement expansion.

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(c) 1998 City of Vancouver