The aim of TISA is to strengthen the rules and improve access to the trade in services markets. Specifically, the agreement negotiated between the parties addresses discriminatory barriers to cross-border trade in services, provides a more predictable investment environment for service providers and improves the mobility of service providers. The parties to the negotiations are considering proposals on, among others, transparency, national regulation, financial services, telecommunications, e-commerce, the free movement of individuals, international shipping services, air services, state-owned enterprises and express delivery services. Some politicians have called for public services to be excluded from these contractual terms. However, experience shows that even where there appear to be exceptions, the definitions used for most of our public services may be too narrow to qualify. Article 1 of the WTO General Agreement on Trade in Services (GATS) contains clauses that completely exclude public services paid for by the government from the requirements of the agreement. However, only services that are not „in competition with one or more service providers“ are not covered, so the NHS and public schools are unlikely to be covered, as private health and education providers compete with the state to provide these services. One study showed that of 44 attempts by countries to defend their public services with this exception, only one was successful. Another report states that in the United Kingdom, the only service likely to qualify would be that of firefighters, and that in other countries where there are private fire departments, it cannot be excluded either.
Myth: TISA undermines the protection of the rights of indigenous peoples in Canada.Reality: Canada protects the rights of indigenous peoples in all its international trade agreements. TISA commitments do not affect Canada`s ability to provide new and existing benefits and benefits to Aboriginal peoples at the federal, provincial, territorial or municipal levels. In order to preserve the constitutional rights of Aboriginal peoples and maintain political flexibility on Aboriginal issues, Canada`s traditional approach in its free trade agreement is to provide exceptions for Aboriginal groups in the areas of services and investment, public procurement and state-owned enterprises. Myth: TISA will force the Canadian government to deregulate the Canadian service industry. Reality: TISA does not require or encourage deregulation of services. Canada`s regulatory system is one of the most advanced in the world in terms of transparency and predictability. Good regulatory practices used by several Canadian regulators are often used to establish benchmarks for the development of international business disciplines, not the other way around. Myth: TISA will lead to an influx of foreign labour from TISA countries and support Canadian jobs. Fact: As with all Canadian trade agreements, including TISA, Canada`s immigration laws are not covered by the obligations of the agreement. Canada is committed with its trading partners to facilitating work authorizations for certain highly qualified professionals who have a pre-established contract with a Canadian company or a job offer.
In other words, foreign professionals could not simply enter Canada and look for work in competition with Canadians. Myth: TISA will allow the entry of a low-skilled workforce. Fact: Under all existing free trade agreements, Canada will not make commitments for low-skilled workers within TISA. In TiSA conversations, we discuss possible rules for data transmission. These are inspired by similar provisions in our existing free trade agreements, such as those with South Korea.