Dispute Resolution Procedures

An agreement without a mechanism to resolve disputes can become meaningless in a practical sense. The Agreement on Internal Trade (AIT) has a formal dispute resolution mechanism to deal with grievances. It is accessible to both governments and the private sector.

The dispute resolution mechanism:

  • Focuses on consultative approaches via the relevant sectoral chapter to resolve differences arising under the Agreement.

  • Encourages dispute avoidance. Governments can challenge proposed measures to avoid problems before they happen. Of all resolved disputes involving Alberta, only three disputes went to the formal panel.

  • Channels disputes that cannot be resolved at the sectoral level through a general mechanism based on hearings by an impartial panel. Panelists are chosen from a roster of competent government designates.

  • Provides for government-to-government dispute resolution on behalf of affected constituents. Also provides businesses and individuals direct access to a dispute resolution process, if necessary. Successful private party complainants may receive compensation for costs incurred during this process.

  • Ensures that panel recommendations are enforced through "sunshine" approaches. Public pressure can be very effective in persuading governments to change unfair or discriminatory practices. After consultation with the Federal/Provincial/Territorial Ministers Responsible for Internal Trade (the Committee on Internal Trade), retaliatory action may be taken, as a last resort, for disputes between governments.


Record of Complaints/Disputes Involving Alberta
Since July 1, 1995

 Resolved Complaints    
 Complaints by Alberta  34  
 Procurement      7 (5 resolved, 2 rejected)
 Labour Mobility    15 (14 resolved, 1 rejected)
 Investment      1 (rejected)
 Alcoholic Beverages      2 (resolved)
 Natural Resources Processing      1 (resolved)
 Transportation      7 (6 resolved, 1 rejected)
 Environmental Protection      1 (resolved)

 Complaints against Alberta  10  
 Procurement      3 (resolved)
 Labour Mobility      5 (resolved)
 Investment      2 (resolved)

 Active Complaints    
 Complaints by Alberta  6  
 Procurement    1 (assessment)
 Labour Mobility    1 (assessment)
 Investment    1 (assessment)

 Consumer Related Measures and Standards

    1 (formal complaint)
 Agriculture and Food Goods    2 (formal complaints)

Complaints against Alberta                                      0

Summary of Past Disputes that went to a Formal Panel

  • Dispute between the Certified General Accountants Association of New Brunswick against Quebec regarding Quebec's Measures Governing the Practice of Public Accounting

  • Dispute between Alberta, Manitoba and Saskatchewan against Quebec regarding Quebec's Measure Prohibiting the Sale in Quebec of Margarine Coloured the Same Pale Yellow Hue as Butter               
  • Dispute between Alberta and British Columbia against Ontario regarding Ontario's Measures relating to Dairy Analogs and Dairy Blends
  • Dispute between Alberta, Quebec and British Columbia with Canada Panel Report regarding the Federal Bank Act - Cost of Borrowing (Banks) Regulations
  • Dispute between Nova Scotia and New Brunswick regarding New Brunswick's Fluid Milk Distribution Licensing Measures
  • Dispute between Manitoba's Certified General Accountants and Ontario regarding "The Public Accountancy Act"