Item - 2012.EX16.2

Tracking Status

  • City Council adopted this item on March 5, 2012 with amendments.
  • This item was considered by Executive Committee on February 13, 2012 and was adopted with amendments. It will be considered by City Council on March 5, 2012.

EX16.2 - Request to protect City of Toronto interests and existing powers in any trade agreement signed between the Government of Canada and the European Union - Motion MM14.14 referred by City Council on November 29, 2011

Decision Type:
ACTION
Status:
Amended

City Council Decision

City Council on March 5, 6 and 7, 2012, adopted the following:

 

1.         City Council endorse the Federation of Canadian Municipalities' (FCM) seven principles for the Federal Government to apply to the Canada-European Union EU) Comprehensive Economic and Trade Agreement (CETA) and future trade deals.

 

2.         City Council encourage the Federal Government of Canada and the Minister of International Trade and Minister for the Asia-Pacific Gateway to continue consultation with FCM in order to address municipal concerns in relation to trade deals.

 

3.         City Council request the Federal Government to protect the powers of the City - to create local jobs, protect the environment, and provide services and programs as it sees fit - from any restrictions to those powers in the CETA.

 

4.         City Council request the Province of Ontario to accelerate direct dialogue with City of Toronto officials to ensure that the City of Toronto's municipal rights are protected, with particular attention to:

 

a.         the low procurement thresholds of $340,600 for goods and services and $8.5 million for construction;

b        local procurement needs; and

c        dispute resolution mechanism.

 

5.         City Council request the Province of Ontario issue a clear, permanent exemption of the City of Toronto from the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) and that it otherwise protect the powers of municipalities, hospitals, school boards, utilities, universities and other sub-federal agencies to use public procurement, services and investment as tools to create local jobs and otherwise support local economic development.

 

6.         City Council communicate its position to the Federal Government of Canada, the Province of Ontario and the Federation of Canadian Municipalities. 

Background Information (Committee)

(December 6, 2011) Member Motion from City Council on Request to protect City of Toronto interests and existing powers in any trade agreement signed between the Government of Canada and the European Union (EX16.2)
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44732.pdf

Communications (Committee)

(January 9, 2012) Letter from John Bolognone, City Clerk, The Corporation of the City of Kingston (EX.Main.EX16.2.1)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28306.pdf
(December 19, 2011) E-mail from Brian McHattie, Councillor Ward 1, Chedoke-Cootes, City of Hamilton forwarding approved City of Hamilton Council Motion regarding "Canada - European Community Free Trade Agreement - Impact on City of Hamilton (EX.Main.EX16.2.2)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28307.pdf
(January 23, 2012) E-mail from James Nugent (EX.Main.EX16.2.3)
(January 24, 2012) E-mail from Krya Bell-Pasht, Canadian Environmental Law Association (EX.Main.EX16.2.4)
(January 24, 2012) Submission from Councillor Pam McConnell forwarding Federation of Canadian Municipalities' (FCM) Backgrounder titled, "Protecting Municipal Interest in International Trade Agreements", and attaching a communication dated August 23, 2011, from The Honourable Ed Fast, P.C., M.P., Minister of International Trade and Minister for the Asia-Pacific Gateway addressed to the President of the Federation of Canadian Municipalities (EX.Main.EX16.2.5)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28309.pdf
(May 26, 2010) Letter from Steven Shrybman, Sack Goldblatt, Mitchell LLP addressed to the Executive Director, Columbia Institute Centre for Civic Governance (CETA) (EX.Main.EX16.2.6)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28311.pdf
(January 27, 2012) E-mail from Jason Langrish, Executive Director, Canada Europe Roundtable for Business (EX.Main.EX16.2.7)
(February 6, 2012) E-mail from Rosemary Williamson (EX.New.EX16.2.8)
(February 13, 2012) Letter from Sasha McNicoll (EX.New.EX16.2.9)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28674.pdf
(February 13, 2012) Letter from Harriet Friedmann, Professor of Geography and Planning, University of Toronto (EX.New.EX16.2.10)
(February 13, 2012) E-mail from Fiona Nelson, Executive Member, Greater Toronto Area, Agricultural Action Committee (EX.New.EX16.2.11)
(February 13, 2012) Letter from Fred Stevens (EX.New.EX16.2.12)
(February 13, 2012) Letter from Stuart Trew (EX.New.EX16.2.13)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28951.pdf

Communications (City Council)

(March 5, 2012) Submission from Councillor Kristyn Wong-Tam - articles about CETA from iPolitics and the Toronto Star (CC.New.EX16.2.14)
https://www.toronto.ca/legdocs/mmis/2012/cc/comm/communicationfile-29056.pdf
(February 16, 2012) E-mail from Robert E. Rutkowski (CC.Main.EX16.2.15)

Motions (City Council)

1 - Motion to Amend Item (Additional) moved by Councillor Kristyn Wong-Tam (Carried)

(Revised motion)

That:

 

1.         City Council request the Province of Ontario issue a clear, permanent exemption of the City of Toronto from the Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) and that it otherwise protect the powers of municipalities, hospitals, school boards, utilities, universities and other sub-federal agencies to use public procurement, services and investment as tools to create local jobs and otherwise support local economic development.

 

2.         City Council request the Federal Government to protect the powers of the City - to create local jobs, protect the environment, and provide services and programs as it sees fit - from any restrictions to those powers in the CETA.

Vote (Amend Item (Additional)) Mar-06-2012 6:49 PM

Result: Carried Majority Required - EX16.2 - Motion 1 - Wong-Tam - amend the item
Total members that voted Yes: 23 Members that voted Yes are Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, Paula Fletcher, Mary Fragedakis, Mike Layton, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 18 Members that voted No are Paul Ainslie, Josh Colle, Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Rob Ford, Mark Grimes, Doug Holyday, Norman Kelly, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata, John Parker (Chair), Michael Thompson
Total members that were Absent: 4 Members that were absent are John Filion, Doug Ford, Ron Moeser, Cesar Palacio

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Mar-06-2012 6:51 PM

Result: Carried Majority Required - EX16.2 - Adopt the item as amended
Total members that voted Yes: 36 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bailão, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, Paula Fletcher, Rob Ford, Mary Fragedakis, Mark Grimes, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Frances Nunziata, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Frank Di Giorgio, Doug Holyday, Denzil Minnan-Wong, John Parker (Chair), Michael Thompson
Total members that were Absent: 4 Members that were absent are John Filion, Doug Ford, Ron Moeser, Cesar Palacio

Motion to Extend Speaking Time (Carried)

Speaker Nunziata proposed that Councillor Wong Tam's speaking time be extended so that she could complete her remarks.

Vote (Extend Speaking Time) Mar-06-2012 5:47 PM

Result: Carried Majority Required - Extend Councillor Wong-Tam's speaking time
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Maria Augimeri, Shelley Carroll, Raymond Cho, Vincent Crisanti, Janet Davis, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Gloria Lindsay Luby, Giorgio Mammoliti, Pam McConnell, Joe Mihevc, Peter Milczyn, Frances Nunziata (Chair), John Parker, Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Mark Grimes
Total members that were Absent: 17 Members that were absent are Ana Bailão, Michelle Berardinetti, Josh Colle, Gary Crawford, Glenn De Baeremaeker, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson

Motion to Extend Speaking Time (Carried)

Deputy Speaker Parker proposed that Councillor Vaughan's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Mar-06-2012 6:31 PM

Result: Carried Majority Required - Extend Councillor Vaughan's speaking time
Total members that voted Yes: 28 Members that voted Yes are Maria Augimeri, Ana Bailão, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Doug Holyday, Mike Layton, Chin Lee, Giorgio Mammoliti, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata, John Parker (Chair), Anthony Perruzza, David Shiner, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Mark Grimes
Total members that were Absent: 16 Members that were absent are Paul Ainslie, Michelle Berardinetti, Josh Colle, John Filion, Doug Ford, Rob Ford, Mary Fragedakis, Norman Kelly, Gloria Lindsay Luby, Josh Matlow, Joe Mihevc, Ron Moeser, Cesar Palacio, James Pasternak, Gord Perks, Jaye Robinson

Motion to Extend Speaking Time (Carried)

Deputy Speaker Parker proposed that Councillor Thompson's speaking time be extended so that he could complete his remarks.

Vote (Extend Speaking Time) Mar-06-2012 6:40 PM

Result: Carried Majority Required - Extend Councillor Thompson's speaking time
Total members that voted Yes: 28 Members that voted Yes are Maria Augimeri, Shelley Carroll, Raymond Cho, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, Paula Fletcher, Rob Ford, Mark Grimes, Doug Holyday, Mike Layton, Chin Lee, Gloria Lindsay Luby, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Denzil Minnan-Wong, Frances Nunziata, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, David Shiner, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 17 Members that were absent are Paul Ainslie, Ana Bailão, Michelle Berardinetti, Josh Colle, Vincent Crisanti, John Filion, Doug Ford, Mary Fragedakis, Norman Kelly, Giorgio Mammoliti, Josh Matlow, Joe Mihevc, Ron Moeser, Cesar Palacio, Jaye Robinson, Karen Stintz, Adam Vaughan

2a - Canada/European Union Comprehensive Economic and Trade Agreement - Status of Negotiations and Implications for Toronto

Background Information (Committee)
(February 2, 2012) Report from the City Manager on Canada/European Union Comprehensive Economic and Trade Agreement - Status of Negotiations and Implications for Toronto
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45054.pdf
(February 2, 2012) Attachment No. 1 - Federation of Canadian Municipalities Backgrounder - FCM principles to be applied to any future trade deal
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45084.pdf
(August 23, 2011) Attachment No. 2 - Letter from Federal Minister of International Trade, Ed Fast, to President of FCM, Barry Vrbanovic, dated August 23, 2011
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45085.pdf

EX16.2 - Request to protect City of Toronto interests and existing powers in any trade agreement signed between the Government of Canada and the European Union - Motion MM14.14 referred by City Council on November 29, 2011

Decision Type:
ACTION
Status:
Amended

Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council endorse the Federation of Canadian Municipalities' (FCM) seven principles for the Federal Government to apply to the Canada-European Union EU) Comprehensive Economic and Trade Agreement (CETA) and future trade deals

 

2.         CityCouncil encourage the Federal Government of Canada and the Minister of International Trade and Minister for the Asia-Pacific Gateway to continue consultation with FCM in order to address municipal concerns in relation to trade deals

 

3.         City Council request the Province of Ontario to accelerate direct dialogue with City of Toronto officials to ensure that the City of Toronto's municipal rights are protected, with particular attention to

 

a.         The low procurement thresholds of $340,600 for goods and services and $8.5 million for construction

b.         Local procurement needs

c.         Dispute resolution mechanism

 

4.         City Council communicate its position to the Federal Government of Canada, the Province of Ontario and the Federation of Canadian Municipalities.

Origin

(December 6, 2011) Member Motion from Councillor Glenn De Baeremaeker, seconded by Councillor Kristyn Wong-Tam

Summary

The Government of Canada and the European Union are negotiating a Comprehensive Economic and Trade Agreement (CETA) with participation from the Province of Ontario, other provinces and territories.

 

This agreement has far reaching implications for City procurement policies and could negatively affect City initiatives such as: supporting Woodbine Live, promoting local jobs, creating financial incentives for the film industry or development industry to invest in Toronto, or to use public spending as a tool for economic development, environmental protection or to support small businesses.

 

Trade negotiators are proposing, under the CETA, a dispute resolution mechanism that could utilize a private tribunal, which could have the authority to impose fines with no right of appeal as opposed to the open and transparent provincial court system currently in use.

 

In the CETA, Canada has exchanged an initial procurement offer with the EU (listing sub-federal entities that will be bound by the rules of the procurement chapter) that may include the City of Toronto and that would explicitly tie the City, for the first time, to the terms and conditions of an international trade agreement.

 

The EU is insisting on full access to procurement by municipalities, school boards, universities, hospitals, utilities and other provincial agencies, which may include the City of Toronto.

 

The Union of British Columbia Municipalities (representing 150 municipalities) along with over 20 other municipalities across the country have asked their provincial and federal governments to ensure their existing rights are protected under any new trade agreement and that they be excluded from the CETA.

 

(Submitted to City Council on November 29. 30 and December 1, 2011 as MM14.14)

Background Information

(December 6, 2011) Member Motion from City Council on Request to protect City of Toronto interests and existing powers in any trade agreement signed between the Government of Canada and the European Union (EX16.2)
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-44732.pdf

Communications

(January 9, 2012) Letter from John Bolognone, City Clerk, The Corporation of the City of Kingston (EX.Main.EX16.2.1)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28306.pdf
(December 19, 2011) E-mail from Brian McHattie, Councillor Ward 1, Chedoke-Cootes, City of Hamilton forwarding approved City of Hamilton Council Motion regarding "Canada - European Community Free Trade Agreement - Impact on City of Hamilton (EX.Main.EX16.2.2)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28307.pdf
(January 23, 2012) E-mail from James Nugent (EX.Main.EX16.2.3)
(January 24, 2012) E-mail from Krya Bell-Pasht, Canadian Environmental Law Association (EX.Main.EX16.2.4)
(January 24, 2012) Submission from Councillor Pam McConnell forwarding Federation of Canadian Municipalities' (FCM) Backgrounder titled, "Protecting Municipal Interest in International Trade Agreements", and attaching a communication dated August 23, 2011, from The Honourable Ed Fast, P.C., M.P., Minister of International Trade and Minister for the Asia-Pacific Gateway addressed to the President of the Federation of Canadian Municipalities (EX.Main.EX16.2.5)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28309.pdf
(May 26, 2010) Letter from Steven Shrybman, Sack Goldblatt, Mitchell LLP addressed to the Executive Director, Columbia Institute Centre for Civic Governance (CETA) (EX.Main.EX16.2.6)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28311.pdf
(January 27, 2012) E-mail from Jason Langrish, Executive Director, Canada Europe Roundtable for Business (EX.Main.EX16.2.7)
(February 6, 2012) E-mail from Rosemary Williamson (EX.New.EX16.2.8)
(February 13, 2012) Letter from Sasha McNicoll (EX.New.EX16.2.9)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28674.pdf
(February 13, 2012) Letter from Harriet Friedmann, Professor of Geography and Planning, University of Toronto (EX.New.EX16.2.10)
(February 13, 2012) E-mail from Fiona Nelson, Executive Member, Greater Toronto Area, Agricultural Action Committee (EX.New.EX16.2.11)
(February 13, 2012) Letter from Fred Stevens (EX.New.EX16.2.12)
(February 13, 2012) Letter from Stuart Trew (EX.New.EX16.2.13)
https://www.toronto.ca/legdocs/mmis/2012/ex/comm/communicationfile-28951.pdf

Speakers

Stuart Trew, Council of Canada
Kyra Bell-Pasht, Canadian Environmental Law Association
Erin Weir, United Steelworkers
Angelo Di Caro
Sasha McNicoll, Master's Candidate, Environmental Studies, York University
Michael Brothers
James Nugent, Good Jobs for All Coalition
Fiona Nelson
Fred Stevens
Alice Evonic, Concerned Citizen of Toronto
Councillor Shelley Carroll
Councillor Pam McConnell
Councillor Kristyn Wong-Tam

Motions

1 - Motion to Amend Item moved by Councillor Michael Thompson (Carried)

That City Council:

 

1.         endorse the Federation of Canadian Municipalities' (FCM) seven principles for the Federal Government to apply to the Canada-European Union EU) Comprehensive Economic and Trade Agreement (CETA) and future trade deals

 

2.         encourage the Federal Government of Canada and the Minister of International Trade and Minister for the Asia-Pacific Gateway to continue consultation with FCM in order to address municipal concerns in relation to trade deals

 

3.         request the Province of Ontario to accelerate direct dialogue with City of Toronto officials to ensure that the City of Toronto's municipal rights are protected, with particular attention to

 

a.         The low procurement thresholds of $340,600 for goods and services and $8.5 million for construction

b.         Local procurement needs

c.         Dispute resolution mechanism

 

4.         communicate its position to the Federal Government of Canada, the Province of Ontario and the Federation of Canadian Municipalities.

Vote (Amend Item) Feb-13-2012

Result: Carried Majority Required
Total members that voted Yes: 8 Members that voted Yes are Paul Ainslie, Rob Ford (Chair), Norman Kelly, Peter Milczyn, Denzil Minnan-Wong, Cesar Palacio, Jaye Robinson, Michael Thompson
Total members that voted No: 1 Members that voted No are Doug Holyday
Total members that were Absent: 4 Members that were absent are Michelle Berardinetti, Mike Del Grande, Giorgio Mammoliti, David Shiner

2 - Motion to Adopt Item as Amended moved by Councillor Michael Thompson (Carried)

2a - Canada/European Union Comprehensive Economic and Trade Agreement - Status of Negotiations and Implications for Toronto

Origin
(February 2, 2012) Report from the City Manager
Summary

The Government of Canada and the European Union are negotiating a Comprehensive Economic and Trade Agreement (CETA) with the participation of all provinces and territories. After multiple rounds of negotiation, both sides have indicated that a deal will be signed soon. While details are confidential, framework documents indicate that the EU is determined to access public sector procurement at all orders of government including municipalities and associated ABCCDs. The purpose of this report is to update the Executive Committee on the status of negotiations and, based on available information, assess some of the possible implications for Toronto.

 

The European Union is the largest trading block in the world and expanded access would provide very significant new markets for Canadian businesses. However, the ultimate implications of CETA are difficult to predict. This is particularly true given that offers have not been made public and there has been very little analysis shared by federal negotiators about the specific Canadian industries or labour force members that would benefit. In the absence of detailed consultation and communication, opposition to the agreement has been mounting.

Background Information
(February 2, 2012) Report from the City Manager on Canada/European Union Comprehensive Economic and Trade Agreement - Status of Negotiations and Implications for Toronto
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45054.pdf
(February 2, 2012) Attachment No. 1 - Federation of Canadian Municipalities Backgrounder - FCM principles to be applied to any future trade deal
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45084.pdf
(August 23, 2011) Attachment No. 2 - Letter from Federal Minister of International Trade, Ed Fast, to President of FCM, Barry Vrbanovic, dated August 23, 2011
https://www.toronto.ca/legdocs/mmis/2012/ex/bgrd/backgroundfile-45085.pdf
Source: Toronto City Clerk at www.toronto.ca/council