NAFTA investor claims involve matters of broad public interest that may have an impact on our communities, environment and society. What safeguards are there to protect municipalities?
Clearly, the advantages of investing in Canada and protecting Canadian investors rights abroad have not been gained by compromising our overriding economic and social values. Foreign investors are subject to the same laws and regulations as Canadian investors are, including those aimed at protecting the environment and ensuring high labour standards. As a Party to the Agreement, Canada has always taken the position that, before NAFTA tribunals, Canada represents not only the federal government but also affected provincial and municipal governments. Initiating a Chapter 11 dispute settlement process is not something that is taken lightly. All of the procedural requirements must be met, the claimant may incur considerable expenses and, if the case is found to be without merit, may be required to cover the responding Government’s costs of litigation.
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