Would such an action taken by a municipality or city in either B.C. or Alberta violate the Trade, Investment and Labour Mobility Agreement (TILMA)?
You tell me.
The agreement says:
Article 3.
1. Each Party shall ensure that it's measures do not operate to restrict or impair trade between or through the territory of the Parties, or investment or labour mobility between the Parties.
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A “measure” includes any legislation, regulation, standard, directive, requirement, guideline, program, policy, administrative practice or other procedure.
Now "water" is listed as "exempt" - BUT the agreement defines "water" as:
water means surface and ground water in liquid, gaseous, or solid state, but does not include water packaged in containers with a capacity of 20 litres or less.
Sure, I can tell you. Article 6 of TILMA states that a Party may adopt a measure inconsistent with the general agreement provided that the purpose of the measure is to achieve a legitimate objective. And protection of the environment is considered a legitimate objective. So no, this would not violate TILMA.
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