Nova Scotia's sweetheart deal
Indeed, it is only the Harper government’s well-earned reputation for deviousness that has allowed the premiers’ campaign to get as far as it has. Were the Conservatives less distrusted, premiers Williams and MacDonald would be seen for what they are: shakedown artists, in the grand tradition.
The facts are these. Constitutionally, offshore resources are under federal, not provincial ownership. Twenty-odd years ago, however, the Mulroney government agreed to pretend they were provincial, giving the Atlantic provinces first crack at the royalties.
In 2005, the Martin government took this a step further, agreeing not only that the provinces of Nova Scotia and Newfoundland were entitled to collect royalties on resources they don’t own, but that they should continue to collect equalization payments as if they did not also collect royalties. Many experts had argued that the “clawback” on equalization payments should be less confiscatory. But the Atlantic Accords stipulated there should be no clawback at all. Sweet.
Too sweet: they should never have been signed. Under the accords, the two provinces will still be entitled to equalization even after their governments, aready awash in oil revenues, have grown wealthier than Ontario’s. When is that far-off day? In Newfoundland’s case, it’s today: for 2007-08, Newfoundland’s per capita revenues, equalization included, total $7,094, to Ontario’s $6,631. This is simply untenable -- which is why the O’Brien report, on which the new equalization formula is based, proposed a “cap” on equalization payments at this point, ensuring Ontarians will not be paying for services in provinces that are richer than their own.
So it is with not a little chagrin that I can report that the 2007 budget did nothing whatever to disturb the accords. The “contract,” as both sides have taken to calling it (Contract? What did Newfoundland or Nova Scotia bring to the table? What did they offer in return?), is alas wholly intact. The issue is not whether the new equalization formula, with its “10-province standard” and “50% inclusion-rate,” is better or worse for the Atlantic provinces. (It depends on the price of oil, among other things.) The issue is that nothing compels either province to adopt it.
As it has been described in the press, they have a choice. They can stick with the existing formula, and remain covered by the Atlantic Accords. Or they can switch to the new formula, which promises to pay out more in the short term -- but which includes the cap. Newfoundland, for instance, chose to stay with the old formula for this year, meaning it is no better and no worse off than before. Nova Scotia, on the other hand, received $95 million more in equalization this year by opting for the new formula.
But in fact they don’t have to choose even then. Even after taking the new formula -- and the extra cash -- Nova Scotia can still go back to the old one next year. And even if they stay with the new formula, the Accord still applies. They remain exempt from the clawback -- as long as their fiscal capacity does not exceed that of Ontario’s. Only then does the cap kick in.
It’s hard to see the injustice in any of this. The most that can be said for the premiers’ position is that the Accords say payments should be based on “the Equalization formula as it applies at the time.” On the premiers’ reading, this means they should be entitled both to the protections of the Accord and the new formula’s enriched payments. But the new formula isn’t just about higher payouts. It also includes the cap.
What the premiers are demanding is some mythical third option, one with higher payments, no clawback, and no cap. They want the best of three worlds: to have their cake, eat it, and spin it above their heads.
Which would be more outrageous, were that not what Stephen Harper, in effect, promised them. As Opposition leader, Mr. Harper was not only unequivocal in committing to full exclusion of resource revenues from any new equalization formula -- meaning no clawbacks -- but that this should apply, well, forever: i.e. sans cap. Here he is in the House of Commons on November 4, 2004:
“Why should Newfoundland's possibility of achieving levels of prosperity comparable to the rest of Canada be limited to an artificial eight year period? … Why is the government so eager to ensure that Newfoundland and Labrador always remain below the economic level of Ontario? The Ontario clause is unfair and insulting to the people of Newfoundland and Labrador, and its message to that province, to Nova Scotia and to all of Atlantic Canada is absolutely clear. They can only get what they were promised if they agree to remain have not provinces forever.”
It is not true, then, to say that the Accord has been violated. It is true that Mr. Harper played Atlantic Canadians for suckers. At least he is paying the price.







