EXPLORING THE ECONOMIC IMPACT OF AIT CHAPTERS PREPARED BY EUGENE BEAULIEU DEEP DIVE PAPER PRELIMINARY DRAFT Exploring the economic impact of AIT chapters A Report Prepared for Public Policy Forum by: Eugene Beaulieu Department of Economics University of Calgary May 2013 PRELIMINARY DRAFT: DO NOT QUOTE WITHOUT PERMISSION This paper focuses on the economic impacts of measures already taken under the AIT. It compares the progress made to date in chapters that have had some successes and some failures, and examines the economic impacts of these chapters in the AIT. This paper provides an overview of other studies on the impacts of measures to facilitate internal trade and of studies on the performance of these sectors in the Canadian economy. This will establish comparables and context for the keys issues and challenges. The paper will identify the main indicators for a quantitative analysis of economic benefits of the AIT and examines the economic impact of liberalized internal trade. The goal is to assess the progress to date, determine priorities for further reductions in internal trade barriers, and examine best practices for making progress. 2 All articles of the growth, produce, or manufacture of any one of the provinces shall, from and after the union, be admitted free into each of the other provinces. (The Constitution Act, 1867, Article 121) Today interprovincial barriers to trade create an interlocking, tangled and expensive web of vested interests. Together they slowly and steadily choke Canada’s economic arteries, losing output, incomes and jobs for Canadians. (Graham Parsons 1994, 2) There are some exceptions to Canada's generally open trade and investment regimes, notably in agriculture and cultural sectors. The domestic market remains fragmented by, inter alia, barriers to internal trade and regulatory complexity, despite the implementation of an Agreement on Internal Trade between the Federal and sub-federal governments. (WTO, Trade Policy Review: Canada 2011) 1 Introduction Canadians are free to move, live and work anywhere within the country and interprovincial tariffs on domestic goods are strictly forbidden by the Canadian Constitution. Unfortunately, Canada is not the common and united market this suggests. Barriers to interprovincial trade became enough of a problem that in 1994 the Agreement on Internal Trade (AIT) was promulgated between all provinces and the federal government to address the most egregious barriers to interprovincial trade. Despite the agreement, interprovincial barriers to trade continue to exist, and these barriers reduce the economic efficiency, productivity and growth of the Canadian economy. Internal trade is a large and important part of almost all national economies and this is also true for the Canadian economy. In 2008 (the most recent year data are available), interprovincial trade in Canada reached $326.6 billion representing over half of total Canadian international exports or imports. Statistics Canada estimated that in 1998 one third of private-sector jobs in Canada depend on provincial exports. Half of these jobs are related to exports to other provinces in Canada and the other half to exports to other countries.1 Although internal trade is economically important, and barriers to internal trade can have serious negative consequences for productivity and economic growth, a clear understanding of the key impediments to internal trade remains elusive. It is therefore, not surprising that the hard work it takes to reduce internal trade barriers further has stalled and the interprovincial trade file has not been a priority. Close examination of trade barriers and labour mobility between provinces in the 1980s, led The Royal Commission on the Economic Union and Development Prospects for Canada (known as the MacDonald Commission) to produced a comprehensive accounting of the variety of interprovincial barriers that existed in the 1970s and early 1980s. The report by Whalley and Trela (1986) carefully documented the internal barriers to trade and provided evidence required to get action. This evidence helped compel the provincial, territorial and federal governments to agree to reduce a broad range 1 See Statistics Canada (1996, 2000). 3 of interprovincial trade barriers through the signing of the Agreement on Internal Trade (AIT).2 Federal and provincial policies that affect interprovincial trade and labour markets have evolved considerably since the last accounting by Whalley and Trela (1986). However, there is no careful examination of the impact of the policy changes on interprovincial trade, and there is no comprehensive understanding of the current situation. There are three types of studies that have examined the magnitude and costs of internal trade barriers. One type of study has tried to identify some of the key types of barriers affecting internal trade. This was the approach by Beaulieu et al (2003). A second approach employs Computable General Equilibrium (CGE) models to measure the costs of internal trade barriers, for example Whalley and Trela (1986). A third approach has been to use economic models to infer how large the barriers to trade must be to explain the observed trade patters. This is a more recent approach undertaken by Jim Anderson and co-authors and by Tombe and Winter (2013). The goal of this paper is to provide an overview of the types of trade barriers that currently exist between Canadian provinces. Identifying the problem areas that exist and providing a look at the effectiveness of the Agreement on Internal Trade and subsequent policies that address interprovincial trade. This paper focuses on the economic impacts of measures already taken under the AIT. It presents an overview of progress made to date in chapters that have had some success such as Labour Mobility and Agriculture, and examines the economic impacts of these chapters in the AIT. This paper provides an overview of other studies on the impacts of measures to facilitate internal trade and of studies on the performance of these sectors in the Canadian economy. This will establish comparables and context for the keys issues and challenges. The paper will identify the main indicators for a quantitative analysis of economic benefits of the AIT and provides an estimate of the economic impact. 2 Interprovincial Trade Barriers: Defining the Problem What exactly is an interprovincial, or internal, trade barrier?. Within Canada, explicit barriers (tariffs) between provinces are strictly prohibited under Section 121 in The Constitution Act of 1867. Most of the barriers between provinces take the form of different rules and regulations between the provinces as well as explicit regional programs that distort the markets. Internal trade barriers often involve provincial legislation that has the effect of removing out-of-province competition for the sake of protecting local vested interests. In addition to this type of protectionist legislation, in his paper The Distant Realities of Free Trade in Canada, Dr. Parsons makes the important point that there are large costs associated with a bureaucratic “web” of federal and provincial administrative and regulatory compliance. Parsons shows that the costs of the duplication of government bureaucracy are large and he concludes that “there is an apparent 2 Although the AIT was not signed until 1994, the intergovernmental process to eliminate barriers to domestic trade started as early as 1985 when Regional Economic Development ministers agreed on a process to remove barriers. This “road to the AIT” is described in more detail in Beaulieu et al (2003) and is well-documented in Doern and MacDonald (1999, p. 42), Trebilcock and Schwanen (1995) and Knox (1997). 4 overlap in 55% of the federal expenditure apportionable to Alberta” (Parsons 1996, 5). Although many of the regulations and regulatory measures are in place for good reasons, the lack of coordination between levels of government that has arguably led to the unnecessary duplication and compliance costs that restrict the flow of goods through provincial jurisdictions. In his research paper entitled “Big Wheels Stalling,” Norman Bonsor (1994) argues that almost all of the interprovincial barriers affecting transportation companies are caused by rules and regulations enacted by governments. It is unclear whether Bonsor’s “Big Wheels Stalling” argument is less relevant today than it was in 1994. Canada’s federal form of government is at the root of the problem of interprovincial barriers to trade. Indeed Canada’s federal form of government was chosen in response to the diversity of its people, economy, and geography. The Canadian Charter of Rights and Freedoms has further augmented the constitutional provisions for the free flow of goods within Canada, especially with respect to labour mobility. Section 6 of the Canadian Charter of Rights and Freedoms assures Canadian citizens the right to move and earn a living anywhere in Canada. In addition to these provisions, a broader view of freer internal trade in Canada was illustrated in the Macdonald Commission Report citing the ruling by Justice Rand of the Supreme Court of Canada in Murphy v. CPR where the importance of the free flow of “commerce” is emphasized: I take section 121, apart from customs duties, to be aimed against trade regulation which is designed to place fetters upon or raise impediments to or otherwise restrict or limit the free flow of commerce across the Dominion as if provincial boundaries did not exist. (MacDonald Commission Report 1986, 115) Provinces have been playing a game of tug-of-war with the federal government since they joined the confederation. Through the use of Section 92 of the BNA Act, provinces have used their constitutional authority over local matters and direct provincial procurement restrictions to support local vested interests. The result has been the creation of interprovincial barriers to trade. However, this is only part of the problem. Many of these barriers result from poor coordination between jurisdictions and are unintentional. Federalism in Canada is based on two levels of government, federal and provincial, each with their own areas of jurisdiction. In their respective areas of jurisdiction, federal or provincial officials may pursue their own policies. These policies may be implemented without consultation or approval from the other levels of government. However, there are certain limitations to the provincial powers of policy making and jurisdiction. Schwanen (1999) presents three such cases. For one, the constitution and other pre-existing obligations to the various levels of government must be honoured. Second, the federal and provincial levels share many areas of jurisdiction. And third, provincial policies have spillover effects. That is, a certain policy in one province may lead to costs or benefits “spilling” over into a neighbouring province. The ability of the provinces to create “customized” policies and adopt different economic strategies is often considered a strength of the federalist 5 system. However, this institutional feature has also created trade barriers between provinces. Indeed sometimes different policies work against each other negating the intended effects. Other provincial policies have the effect of “beggarthy-neighbour”/protectionist trade implications, which can lead to trade disputes and retaliation by other provinces. A good example of this type of “beggar-thyneighbour” policy is the Quebec regulations on prohibiting the sale of pale-yellow margarine in that province. It is clear that the legislation is designed to protect the powerful Quebec dairy lobby from competition originating outside the province. The bureaucratic administrative mechanisms of provincial governments sometimes increase the costs of doing business between provinces and create barriers to interprovincial trade. It is possible that the coordination of the various governments, both federal and provincial, would result in a stronger and more unified social and economic union in Canada. The following section examines the potential benefits from lowering interprovincial barriers. 3 The Benefits from Lowering Interprovincial Barriers Interprovincial barriers to trade represent additional costs that are faced by Canadian firms. This increase in cost in turn affects the ability of Canadian firms to compete within markets in other provinces and potentially adversely affects their competitiveness internationally. Indeed Canadian firms have smaller margins with which to compete against the incumbent firms, both Canadian and foreign, as a result of the increased costs. In turn, these “outsider” firms may not pursue the national market, since the costs of entry resulting from the barriers may be too high. The end result is numerous producers operating at a less efficient scale, where the firms would otherwise have consolidated and achieved economies of scale, if interprovincial barriers were not present. The costs of these inefficiencies are passed on to consumers, acting to reduce their real income, where real income is defined as the amount of goods one can purchase given a fixed level of income. It is clear that interprovincial barriers to trade hurt both consumers and producers. The first major push to removing interprovincial trade barriers was in 1985 with the publishing of the MacDonald Commission Report. In this report, the issue of interprovincial trade barriers was addressed. The MacDonald Commission Report detailed economic arguments for the removal of these barriers and acknowledged that these barriers represented real costs to the Canadian economy. Another important aspect of the MacDonald Commission Report was that, in addition to citing problem areas and barriers, it also called for a remedy. The MacDonald Commission proposed a “Code of Economic Conduct” be developed and adopted by provincial governments. This was the first step in the realization that perhaps the lack of government coordination was a problem in Canada. As Doern and MacDonald put it, “the MacDonald Commission was explicitly arguing for a policy on internal economic conduct.” Internal trade barriers remain an unresolved policy issue but are not an important agenda item in current policy debates. Businesses, associations, scholars, and various government departments have conducted numerous 6 reports and studies attempting to list, quantify, and suggest possible remedies to interprovincial trade barriers. The research provides evidence that interprovincial barriers have wide and far-reaching concerns for a cross-section of interest groups. The results of these reports show that many sectors are affected. An important issue that is common in the various reports is the role that a strong economic union plays in strengthening national identity and unity. Unfortunately the costs of ignoring this consideration are not easily measured. This is an important point and deserves reinforcing. As Robert Knox (2000) points out, the Agreement on Internal Trade was not only intended to improve efficiency but also to establish an open and stable domestic market. The preamble to the agreement states that it is intended to promote equal economic opportunity for Canadians and enhance competitiveness. A necessary component of a strong union is a set of rules that are applied equally to all, are predictable, and reduce or eliminate the arbitrary application of government authority. The movement toward an internal agreement originated with regional development ministers who believed that an open and competitive domestic market was necessary to ensure regional development. However, consensus is lacking in regard to the costs that these barriers represent to the Canadian economy. The costs that have been cited range from small fractions of GDP to the substantial figure of 1% of GDP estimated by the Canadian Manufacturers’ Association (CMA). This is a large number since it is comparable to the estimated costs of international trade barriers with the United States before the 1989 Canada–U.S. Free Trade Agreement (CUSTA). Although there does not seem to be a consensus with respect to the magnitude of the costs from interprovincial trade barriers, there is a consensus that interprovincial barriers to trade do represent a cost to the Canadian economy. Copeland (1998) argues that the CMA-predicted gain of 1 percent of GDP from eliminating internal trade barriers is incorrect and that if the analysis were conducted properly the gains are in the order of 0.1 percent of GDP or even lower at 0.05 percent of GDP. He argues that the CMA study makes important errors and omissions. It confuses some international trade barriers with internal trade barriers, and it does not net out the benefits of the provincial trade barriers. Moreover, he argues that the most blatant trade barriers included in the CMA study are in the alcoholic beverages industry, where many of the barriers have been removed. Copeland concludes that the costs associated with interprovincial trade barriers in Canada are small. The question is how large are the costs and are the costs larger than the benefits. Moreover, can the same legitimate policy goals of government be achieved with lower cost. Let’s take a closer look at the evidence. Two types of evidence can help shed some light on how large the barriers are between provinces. One approach compares the flows of goods and services as well as labour and capital among provinces to the flows between provinces and the rest of the world. This approach examines how large the border is – that is holding other determinants of trade flows constant – what effect does the existence of a border have on trade flows. The other approach examines the flow of goods between provinces. If trade barriers are large, all else equal, we would expect to find an effect on trade flows. 7 3.1 How Much Do National Borders Matter? So how much do border effects matter? The well-known research by McCallum () and Helliwell () on international and internal trade flows; comparing trade flows among Canadian provinces with those between Canadian provinces and certain Amercian states. Helliwell extends the analysis to other countries in the Organization for Economic Cooperation and Development (OECD) and to developing countries with suitable data. Furthermore, Helliwell extends this study to include capital mobility between provinces compared with capital mobility between countries. He also examines border effects on population mobility using labour migration data between Canadian provinces and American states compared to migration between countries. Based on both McCallum’s and Helliwell’s analyses, international borders continue to have large effects on trade flows. Indeed Helliwell shows that in 1988 Canadians in one province were seventeen times more likely to trade with another province than they were to trade with the United States, all else held constant. However, this border effect declined to about twelve by 1993 and remained about the same through 1996. Helliwell examines border effects between “representative pairs” of provinces and states. For example, he examines trade flows between Quebec and Ontario versus trade flows between Quebec and New York. Given that Quebec shares it’s borders with Ontario and New York, and that New York’s 1990 GDP was 2.5 times that of Ontario, a gravity model without border effects would predict that Quebec would export more than twice as much to New York as to Ontario. However, the trade data shows that Quebec exported more than five times as much to Ontario as to New York, resulting in a border effect of roughly thirteen! Similarly, Ontario is almost the same distance from British Columbia, California and Washington State. In 1990 the Californian economy was twelve times larger than that of B.C., yet Ontario merchandise shipments to B.C. were fully twice as large as those to California, therefore the border effect is twelve. Looking at Washington State’s GDP, which was more than one-third larger than that of B.C., a border effect of twelve is also computed, given Ontario’s exports to B.C. were more than twelve times larger than those to Washington State. Extending the analysis to the service sector, Helliwell shows that interprovincial trade in services is between thirty and forty times more intense than that between provinces and states! Indeed, strong border effects were shown in all extensions of Helliwell’s study. Domestic sales of goods were found to be about ten times greater than sales among OECD countries (in the absence of trade bloc and common language effects); the border effect was found to be much stronger for some developing countries. Helliwell also provides evidence showing that capital mobility is much greater within countries than between countries. Finally, Helliwell uses “census data to compare interprovincial and interstate migration with immigration from the other country, showing that, after allowing for the effects of distance, population size, and income differentials, a resident of a Canadian province is almost one hundred times as likely to have been born in another province as to have been born in the United States. The border effects for southbound migration are much smaller, but still very significant” (1998, 117). 8 Indeed, Helliwell provides compelling evidence that border effects are still “alive and well.” There is no doubt that globalization has led to increased international economic linkages and integration; however, it is clear that these linkages are not nearly as strong as those within nations. Canada’s internal economic integration is much stronger than her international integration. However, this does not mean that differences in provincial regulations and other sources of provincial and federal government policy do not present large barriers to trade between provinces. It means that, although international trade barriers between Canada and the United States have been reduced and trade flows between the two countries have greatly increased, trade and immigration flows continue to be more restricted internationally than they are between provinces. In fact, lowering interprovincial trade restrictions may improve economic efficiency and lower costs in Canada and enhance Canada’s international trade relations. Moreover, the research by Helliwell implies that, although the border effect between Canada and the United States is still large, the CUSTA and NAFTA have been effective at reducing the border effect. From this research it is unclear whether interprovincial borders have become more or less of a barrier to trade. One way to consider the extent of interprovincial trade barriers is to examine trade flows between Canadian provinces over time and compare interprovincial trade flows to international trade flows. 3.2 How Much Interprovincial Trade? If interprovincial trade barriers are large, they likely affect the flow of goods between provinces. If the barriers between provinces have been reduced, the effect will likely show up in comparisons of trade flows between provinces over time. If interprovincial trade barriers have increased over time, we are likely to see declines in interprovincial trade flows. Note, however, that declines or increases in interprovincial trade flows may be caused by factors other than trade barriers. A comparison between interprovincial trade flows and international trade flows over time may shed further light on the issue. We know that international trade barriers have been lowered through GATT obligations as well as through the CUSTA and NAFTA. If these international barriers have come down relative to interprovincial trade barriers, we may see international trade expanding relative to interprovincial trade. If interprovincial trade barriers have come down concurrent with international barriers, for example through the AIT, we should see a similar pattern in interprovincial and international trade flows. What has happened to interprovincial trade during the recent past? As Figure 1 and Table 1 show, total interprovincial exports within Canada increased from $107 billion in 1984 to $141 billion in 1990 and $177 billion in 1998. This represents a growth in exports between provinces of 32 percent between 1984 and 1990 and a smaller, 25 percent, increase in interprovincial exports between 1990 and 1998. This pattern is in stark contrast to the growth in international exports. International exports grew at an identical rate of 32 percent between 1984 and 1990 but increased at a phenomenal rate of 121 percent between 1990 and 1998. Interprovincial imports and international imports display a similar pattern. Growth rates in international imports were larger than increases in interprovincial imports between 1984 and 1990 (52 percent and 32 percent 9 respectively), but the growth in interprovincial imports declined to 25 percent between 1990 and 1998 while the growth rate of international imports more than doubled to 109 percent. Source: Statistics Canada Catalogue # 15-546-XIE and CANSIM Table 1: Interprovincial and International Trade: 1984, 1990 and 1998 Export Nfld PEI NS NB Quebec Ontario Manitoba Sask. Alberta BC Interprovincial 1984 1990 1998 International 1984 1990 1998 653 408 2580 2459 22916 39441 4847 4073 22179 6835 1811 193 2011 2628 21368 56286 3205 6448 13924 14018 942 554 3395 3606 33263 57476 6379 4745 18851 10884 1267 821 4273 5605 38011 72420 9119 6381 24170 13786 2578 264 2619 3534 29723 75458 4196 5357 16690 19511 3668 718 5412 5357 69043 18524 6 8700 11415 33477 10 Yukon NWT Gov’t abroad Total Import Nfld PEI NS NB Quebec Ontario Manitoba Sask. Alberta BC Yukon NWT Gov’t abroad Total 90 359 1 1068 41 124 507 2 143 540 62 1407 17659 28 8 85 262 21 570 490 39 1222 16102 60 9 3094 772 4896 4001 24191 30634 5469 6625 12968 12387 287 1357 158 3656 1063 6464 5458 30651 37236 7179 8161 20255 18911 506 1009 180 4630 1547 8149 6951 39386 43195 9928 10589 26660 23579 524 1438 23 985 193 2979 2644 23325 52738 2934 2877 8495 9278 63 307 880 1924 254 4209 3626 36281 80995 4018 3277 12156 15673 109 214 1249 1068 39 1407 29 17659 9 1076 98 1639 85 32109 238 420 31 3558 34 2875 448 7212 5981 67824 17987 2 9366 7817 28194 32421 171 516 492 3431 89 Source: Statistics Canada Catalogue # 15-546-XIE A similar trend is seen when comparing the growth in trade flows to growth in aggregate output. Grady and Macmillan (1998) show that between 1981 and 1989, interprovincial exports in nominal terms grew slower than GDP, resulting in a decline in the share of GDP from 27 to 22 percent. However, shortly after the Canada–U.S. Free Trade Agreement (CUSTA) was instituted, this trend “worsened,” and between 1989 and 1997 interprovincial exports slid further to 19.7% of GDP. Over this same period, international exports grew faster than GDP and by 1997 were 40.2% of GDP. This trend has raised some concern, and Grady and Macmillan acknowledge that Some fear the Canadian internal market is disintegrating amid federalprovincial bickering and under pressure from the forces of globalization. They point to trade and investment disputes among provinces and their failure to support a strong set of internal trade rules in the Agreement on Internal Trade (AIT). (Grady and Macmillan 1998, 1) Grady and Macmillan use an econometric model to examine what factors “explain” the change in interprovincial and international export shares from 1984 to 1997.3 Grady and Macmillan explain both the reduction in interprovincial 3 The authors estimated econometric equations for interprovincial and international exports using the provincial economic accounts data from 1981 to 1997, as well as data on Canadian exports to the United States. Real interprovincial exports are specified as a log-linear function of real GDP, relative costs of production in Canada and the United States, the average 11 exports relative to GDP and, conversely, the increase in international exports relative to GDP. The authors argue that the reduction in interprovincial exports relative to GDP was caused by three factors: 1) reductions in Canada’s international trade barriers that opened the Canadian market to foreign competition (particularly as a result of signing the CUSTA); 2) the slower growth of the Canadian market compared to the U.S market; and 3) the relatively low increases in the prices of goods traded interprovincially. Grady and Macmillan go further to allay fears of domestic market disintegration by stating that these factors “should have run their course and are unlikely to cause any further declines in the share of interprovincial exports in GDP” (p. 5), and in their paper they have even shown that the AIT may have helped increase interprovincial exports. Finally, the increase in international exports is explained by Grady and Macmillan as the result of improved Canadian labour costs relative to the United States, improved trade conditions between the United States and Canada as a result of CUSTA/NAFTA, and increased import demand by the United States. Therefore, Grady and Macmillan believe that it is not the case that the Canadian internal market is disintegrating but improved international factors. In particular, they argue that increased North American economic integration has been driving the trend of “interprovincial trade down and international trade up.” This may not be the proper interpretation of the evidence. It is clear from Helliwell (1998) and from Grady and Macmillan (1998) that the CUSTA and NAFTA trade agreements reduced the “density” of the Canada–U.S. border and contributed to an increase in international trade flows. It is also possible that more open international trade opportunities with the faster-growing U.S. economy meant less interprovincial trade. Since the econometric model used by Grady and Macmillan tries to explain the trend in the levels of real interprovincial exports rather than the declining share of interprovincial exports as a proportion of GDP, there is no reason to expect that international exports “crowd out” interprovincial exports. An alternative interpretation of the evidence is that international trade barriers declined and, together with a depreciated Canadian dollar, this contributed to rapid growth in international exports. Interprovincial barriers came down somewhat (through the AIT), and this had a positive growth effect on interprovincial exports. This alternative interpretation is consistent with the smaller border effect after CUSTA compared to before CUSTA, found by Helliwell. It is also consistent with Grady and Macmillan’s conclusion that the AIT may have contributed to the growth in interprovincial exports. Let’s take a closer look at the AIT. 4 The Agreement on Internal Trade (AIT) Under construction Canadian tariff rate, and a dummy variable for the AIT (the authors set this at 0.5 in 1995 and 1.0 in 1996 and 1997). Similarly, the authors have real international exports specified as a log-linear function of U.S. real imports, relative production costs, and the average U.S. tariff rate on Canadian imports. Grady and Macmillan then determine the effect of these factors on interprovincial and international exports by solving the preferred equations for interprovincial and international exports for 1997, first by using the actual values of the explanatory variables and then using the 1981 values. The differences between the two solutions provide estimates of the impacts. 12 4.1 Marketing Boards Perhaps the most visible and explicit barriers to provincial trade are the various marketing boards that exist in Canada. Of course, the goal of these organizations is to affect the domestic price faced by producers in order to raise and stabilize producer’s income. To achieve this end, several farm product marketing agencies are given monopoly powers to control and restrict the sale of agricultural goods produced within their “jurisdiction,” and to the first point of sale outside their “jurisdiction.” These agencies also regulate the quantity and price of the farm products. Movement of goods between provinces is permitted by the national supply management marketing boards via a quota system, under the National Farm Products Marketing Agencies Act (1971). The importance of supply management as a barrier to interprovincial trade is clear; marketing boards explicitly restrict the interprovincial movement of goods to maintain price levels that they have predetermined. The costs of these programs are substantial, and this can be seen in Figure 3 based on research by Prentice (1994) that shows the percentage of farm income derived from supply-managed commodities. Figure 3: Share of Farm Income from Supply Management Commodities BC Sa sk . Al be rta NB NS PE I Q ue be c O nt ar io M an it o ba Al NF LD 60 50 40 30 20 10 0 lC an ad a Percent Figure 3: Share of Farm Income from Supply Management Commodities Source: Prentice (1994), 91. 4.2 Dairy industry in Canada: Quota system in action Agriculture is covered in Chapter 9 of the AIT and the scope and coverage of Chapter 9 is limited. According to the BC government: “it covers five technical measures that have now been largely addressed (game farmed/ranched animals, blueberry maggot control measures, UHT/sterilized milk standards, semen licensing and livestock bonding and licensing) and five so-called “ technical 13 barriers with policy implications” that were subsequently added in 1997.4 These latter measures include federal Ministerial Exemptions for bulk shipments of horticulture products and the absence of a federal Canada No. 1 small potato grade; standards for dairy blends and imitation dairy products; coloured margarine restrictions and other margarine standards; and fluid milk standards and distribution.” The AIT Chapter 9 obliged agriculture ministers to complete a review, to achieve “broadest possible coverage and further liberalizing of internal trade”, by September 1997. However, little progress has been made. In February 2004, provincial Premiers agreed on a Workplan to revitalize the AIT and reduce barriers to trade and investment across Canada. The federal government also agreed to this plan. Again little progress was made, and they agreed to undertake a review to enhance the scope and coverage of the agriculture and food Chapter no later than July 2005. In November 2005, parties agreed to expand the coverage of Chapter 9 to capture all technical measures. But again, progress was fleating. Some Ministers, vexed by the continuing delays, decided to proceed with a trade enhancement arrangement (TEA), as provided under article 1800 of the AIT, as an alternative way forward to ensure concrete progress. Finally in 2006, an “Interim Agreement on Internal Trade in Agriculture and Food Goods” came into effect between British Columbia, Alberta, Saskatchewan, Manitoba, Prince Edward Island and the Yukon.5 The agreement expands the scope and coverage of Chapter 9 of the AIT to include all technical measures affecting interprovincial agriculture and food trade between the signatories. These technical measures include health, safety, quality and labelling regulations, and have restricted trade between provinces. However, provincial trade barriers remain for a number of non-technical measures. A prime example is the use of a quota system, for example in the dairy. Farm milk prices in Canada are the result of the restriction of interprovincial trade in dairy products. Prices are determined by a combination of provincial legislation and provincial milk marketing boards. In most cases, these prices are determined by formulae that start with some base milk price. That price is then increased in line with increases in the costs of primary milk production inputs, such as grain concentrates, forages, labour and other purchases. (Barichello 1999, 46) The dairy industry is further distorted by a direct subsidy and by an offer-topurchase price. The interaction of these two policies is shown in the following quote: This doesn’t change the level of the farm price, which is taken as the primary objective, just how it is financed. But it means that wholesale price changes do not simply reflect changes in the net farm price. To illustrate this interaction, in recent years there has been a reduction in the direct subsidy. To ensure that farm prices did not suffer, the support 4 See text here: http://www.agf.gov.bc.ca/trade/interprovtrade.htm#AIT_Goods 5 See the Internal Trade Secretariat website under Trade Enhancement Arrangements. 14 prices for butter and skim milk powder were increased to finance the reduction in the subsidy. (Barichello 1999, 46) In addition to restricting trade, restricting price, and direct subsidization, there is also the restriction of domestic production. Marketing quotas are set to restrict the quantity of milk produced and are determined by the level of expected domestic consumption. Historical levels determine these provincial quota allocations. Interprovincial trade is almost halted by the explicit actions of the marketing board, and this action represents a cost in excess of the gain to producers that is borne by Canadian consumers. 4.3 Energy Sector The Energy Sector chapter of the AIT has recently been negotiated but has yet to be implemented. With respect to interprovincial trade in energy the primary problem stems from the regulatory environment — in particular, the duplication of regulation in a federal system. For example, Enbridge’s core business is based on two major services: 1) liquids and natural gas pipeline transportation; and 2) natural gas distribution. The company’s pipeline transportation business crosses provincial borders from British Columbia to Quebec and internationally through the United States. The primary market for Enbridge’s natural gas distribution is located in Ontario, particularly in Toronto and Ottawa. Industry challenges associated with differing federal and provincial policies is seen with the regulation of oil pipelines. Different regulatory paradigms exist provincially as compared to their federal counterparts. The differences can have significant impact upon implementation timing of new projects as well as overall commercial flexibility for pipeline companies and their shippers. Generally, the provincial regulatory process provides advantages as compared to the federal system. A result of this situation is that some companies create subsidiaries that minimize federal operations to small stretches of pipeline that simply cross the provincial border while the remaining portions within the provinces would be subject to the jurisdiction of provincial energy boards. This leads to economic inefficiencies whereby pipeline companies are subject to at least two regulatory jurisdictions (i.e., provincial and federal). Each respective jurisdiction has separate rules and procedures, which increases overall manpower and administration costs to pipeline companies. In conclusion, there are significant interprovincial barriers to trade in this industry. Indeed it was noted that trade within the United States was far easier than trade between provinces, perhaps because the federal government had more power in the United States, whereas Canada’s system of increased provincial jurisdiction has lead to a “balkanizing” in this industry in Canada. As is shown in the report by Mr. Enns, the distortions caused by these barriers are large and as such should be of high priority to the Canadian government. However, it was also noted that the barriers have been “thawing” as a result of the current trend towards deregulation. Perhaps with the further inclusion of this industry into the Agreement on Internal Trade, there will be better recourse for firms to combat these barriers. 15 5.5 Labour Mobility Interprovincial barriers to labour mobility have long been considered an important barrier within the Canadian union. As Gunderson (1994, p. 146) points out, barriers to interprovincial labour mobility exist in many forms: professional occupational licensing, government occupational licensing of trades, preferential hiring practices, income security programs, and education and language requirements. As discussed above, the Charter protects the right of Canadians to take up residence in any province and to earn a living there. However, governments can, and do, impede interprovincial labour mobility by designing occupational qualifications for licensing, certification, or registration in ways that discriminate against those from outside the province. An OECD (2004) study argues that Canada’s federal system that allows for differences across provinces in regulations, standards, and licenses for workers reduces workers. The report concludes that provincial licensing and certification requirements limits the interprovincail mobility of the 15–20 percent of the workforce engaged in regulated trades and produces artificially fragmented Canadian labour markets. The AIT addresses some of these issues. The AIT prohibits residency requirements as an employment condition and requires jurisdictions to mutually recognize the occupational qualifications of workers from other jurisdictions and harmonize occupational standards. Lenihan (1995, 105) argues that “with respect to the harmonization of regulations and standards, the chapter on labor mobility is one of the more successful in the agreement.” But how successful has this chapter been at lowering barriers to labour mobility? The answer is debateable. Article 708 of the Agreement requires that parties mutually recognize occupational qualifications but does not require mutual recognition of occupational standards. Differences in occupational standards across jurisdictions are to be reconciled between parties. The different treatment of occupational qualifications and standards reduces the force of this article of the Agreement. Moreover, a more fundamental shortcoming of the chapter on labour mobility is in Article 709. Article 709 spells out an expanded definition of legitimate objective by adding two additional objectives to the seven listed in the general definition. Under Article 709, legitimate objectives also include the provision of adequate social and health services to all geographic regions of a jurisdiction and labour market development. Both of these additional legitimate objectives are broadly defined and undermine the intention of the chapter. For example, under the legitimate objectives exemption, a province may be able to impede the migration of out-of-province trades people as part of a strategy in dealing with high unemployment in that province. On the one hand, an Human Resources and Skills Development Canada (HRSDC) (2001) study finds that all restrictions on interprovincial migration have been removed and that 97 percent of regulated professional workers are now benefiting from mutual recognition agreements where professional qualifications granted in a given province are recognized nationwide. On the other hand, the OECD (2004) argues that the market remains fragmented. Coe and Emery (2012) examine the relationship between accreditation requirements and the speed of labour market adjustment for eight construction trades in 20 Canadian cities. They find 16 that these requirements are not important frictions for labour market adjustment. They speculate that their results may differ from the OECD analysis because of their focus on trades occupations rather than on other skilled professions/occupations such as lawyers, accountants, physicians and nurses. 5.6 Procurement The procurement provisions in the AIT and NAFTA are very similar in terms of their scope and coverage and in the provisions applied to the government procurement sector. Although neither agreement originally applied the provisions to the MASH sector (municipalities, municipal organizations, school boards and publicly-funded academic, health and social services entities), the AIT is now stronger in this regard as an agreement among the Parties to include the MASH sector under the AIT came into effect on July 1,1999, whereas no such commitments to include the MASH sector exists under NAFTA. The AIT also has fewer exclusions of specific goods and services than does NAFTA. Instead the AIT bases exclusion on specific government entities and on regional development reasons that would meet the legitimate objectives criteria. The thresholds for services and construction procurements under the AIT are lower than under NAFTA, thereby increasing its effectiveness in these areas. The provisions in the WTO agreement are very similar, but there are extensive exclusions, particularly of services and construction, and thresholds are higher compared to the AIT. 5 The rise of the bilaterals Given the slow – or non-existent – progress on removing internal trade barriers, some provinces are working with other like-minded provinces to make progress. An important initiative in this respect is the April 2006 comprehensive British Columbia – Alberta Trade, Investment, and Labour Mobility Agreement (TILMA) which came into effect on April 1, 2007. According to the BC government: “The TILMA is a single, comprehensive agreement on a general set of rules between Alberta and British Columbia. There are no specialized sectoral Chapters, such as for Agriculture, Energy, Investment, etc. (as there are, for example, in the national Agreement on Internal Trade). 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