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Rules, Rules, Rules, Rules

Rules, Rules, Rules, Rules: Multi-Level Regulatory Governance

  • Book Info
    Rules, Rules, Rules, Rules
    Book Description:

    Rules, Rules, Rules, Rulesconsiders various sectors where rule-making spans all or most of the four levels of jurisdiction - international, federal, provincial, and city or local - in areas such as food safety, investment and trade, forestry, drinking water, oil and gas, and emergency management.

    eISBN: 978-1-4426-7950-4
    Subjects: Political Science

Table of Contents

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  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-vi)
  3. Preface
    (pp. vii-viii)
    G. Bruce Doern and Robert Johnson
  4. Abbreviations
    (pp. ix-2)
  5. 1 Multilevel Regulatory Governance: Concepts, Context, and Key Issues
    (pp. 3-26)

    This book examines, in a North American and global context, the broadening and changing nature of multilevel regulatory governance in The title’s focus on ‘rules, rules, rules, rules’ means that the purpose of the analysis is to clarify conceptually the nature, causes, dynamics of levels of regulatory governance in, or affecting, Canada. regulation involves interacting, reinforcing, and colliding making and governance at the international, federal, provincial, local community levels. The second purpose of the book is to practically to the debate on what kinds of principles and approaches and changes can resolve or lessen the problems multilevel regulatory governance. This...

  6. Part One: Macro and Framework Regulatory Dimensions

    • 2 Risks and Rewards: The Case for Accelerating Canada-U.S. Regulatory Cooperation
      (pp. 29-51)

      Proximity, technology, opportunity, and policy have combined to create an inexorable but asymmetrical interdependence between the Canadian and U.S. economies. Despite occasional bursts of anti-American sentiment, Canadians, in their daily choices of what to buy and consume, prefer goods and services produced in North America and look to the United States for the yardstick by which to measure what they like do not like about any number of private and public policies and programs. This market judgment is further reinforced by the extent to which Canadians and Americans expect their governments to pursue largely similar goals and objectives in their...

    • 3 Regulatory Policy: The Potential for Common Federal-Provincial-Territorial Policies on Regulation
      (pp. 52-79)

      Policies on regulation are overarching policy frameworks that guide, streamline, and standardize regulation-making processes. Unlike the regulation of the private sector, this regulatory function is aimed at assuring compliance with rules and standardsinsidegovernment. More attention is now being devoted to this aspect of the regulatory state, particularly since there is a growing international consensus – with the dissemination of Organization for Economic Cooperation and Development (OECD) best practices – that adopting regulations without due consideration of (procedural) criteria such as alternatives to regulation, consultation with affected parties, costs for the private sector and citizens, and compliance and enforcement considerations may...

    • 4 Federal ‘Related Science Activities’ and Multilevel Regulation
      (pp. 80-100)

      The purpose of this chapter to examine the nature of, and key issues surrounding, federal Related Scientific Activities (RSA) in a multilevel regulation context. Not all regulation is science-based, but virtually all of the regulation in the realms of health, safety, and environment is. In these realms of risk regulation, the normal presumption in the Canadian federation is that the federal government supplies most of the science and technology (S&T) base most of the time, in part because it has more funding and greater overall capacities. This presumption of unilevel dominance of the S&T in science-based regulation is partly a...

    • 5 Still between a Rock and a Hard Place: Local Government Autonomy and Regulation
      (pp. 101-123)

      As globalization, immigration, and urbanization continue to place inexorable pressure on Canada’s cities, a growing sense of crisis has catapulted urban affairs to the top of the political agenda. Concerns about a crumbling infrastructure, under-investment, declining competitiveness, urban sprawl, sustainability, and inadequate public services have produced a widespread consensus that something needs to be done to address these challenging issues. Given the enormity of the problems, a strategic and well-coordinated policy framework is required if Canada’s major cities are to be rebuilt and revitalized.

      However, the fiscal, social, and demographic pressures facing Canadian cities have brought into sharp focus the...

    • 6 Balancing Acts: Multilevel Regulation of Canada’s Voluntary Sector
      (pp. 124-154)

      The regulation of Canadian non-profit organizations (commonly known as ‘non-profits’) and charities has been a sleeper issue in public policy. While the voluntary sector has been actively pressuring for reform for the past decade, there has been little interest outside that sector. In the early months of 2005, this sleeper was awakened by two quite different events. Within a month of the tsunami that devastated the rim of the Indian Ocean in late December 2004, Canadians donated more than $150 million to charities to help with relief efforts (CTV, 2005). The spontaneous outpouring of support was felt worldwide, and tsunami...

  7. Part Two: Sectoral Regulatory Realms and Dynamics

    • 7 Multilevel Regulatory Governance of Food Safety: A Work in Progress
      (pp. 157-179)

      On 20 May 2003 a case of bovine spongiform encephalopathy – BSE, or ‘mad cow’ disease – was confirmed in a Canadian cattle herd. Virtually immediately, thirty countries prohibited imports of Canadian beef products and live cattle. They justified their ban as necessary to protect the health and safety of domestic consumers. As industry and government officials in Canada and the United States debated the legality and legitimacy of the import ban, Canada’s cattle sector struggled with the economic fallout. The American market accounts for almost three-quarters of Canadian live cattle and beef sales; its closing proved economically devastating. Eighteen months into...

    • 8 Investment, Trade, and Growth: Multilevel Regulatory Regimes in Canada
      (pp. 180-208)

      The concepts of neo-liberal institutionalism as a leading theoretical framework for analyzing globalization, the interaction of international and domestic economic policies, and the institutions that shape them are premised largely on the interaction of trade and investment policies in a world characterized by the pervasive activities of multinational corporations and the globalization of finance. However, many analysts insist that deterministic interpretations of globalization fail to provide adequate explanations either for the persistent influence of domestic and regional political institutions and interests in shaping national economic policies, or for the capacity of national (and subnational) state actors to preserve a considerable...

    • 9 Forest-Sector Regulation and Communities
      (pp. 209-233)

      Multilevel regulatory activity is not new to Canadian public policy: the historical jurisdictional wrangling of the federal and provincial governments illustrates that regulatory development at various levels has always been an issue. What has changed over the last fifteen years, however, is the magnitude and scope of regulatory activity, as witnessed by a transition frommultilevel regulatory governmentstomultilevel regulatory governance.Governance, as an approach, introduces new actors to the public policy process and expands their role beyond just service delivery. ‘Governance,’ Gerry Stoker argues, ‘involves working across boundaries within the public sector or between the public sector and...

    • 10 Intergovernmental Regulation and Municipal Drinking Water
      (pp. 234-258)

      The tragic events in Walkerton, Ontario, in May 2000, in which contamination of the local water supply led to the deaths of seven people and the illness of 2,300 others (Walkerton Commission of Inquiry, 2002), remind us that the provision of safe drinking water is one of the most fundamental, if least visible, roles of the modern state. The task of water treatment and delivery historically has fallen to local governments. However, the dramatic failure of local water authorities in Walkerton brought to the fore the question of who should oversee those responsible for provision of safe drinking water. The...

    • 11 Municipal Wastewater Effluent and Multilevel Regulatory Governance
      (pp. 259-282)

      Sewage is not something that most people spend a lot of time thinking about. Instead, we often rely on the ‘out of sight – out of mind’ principle. But Environment Canada (EC) estimates that we produce more than 14 million cubic meters of sewage every day, and that kind of volume makes municipal wastewater effluents (MWWE) one of the largest single sources of water pollution in this country (Environment Canada, 1999a; 2001). Consequently, the management of MWWE must be brought to the fore of public discourse because the consequences of failing to do so are increasingly understood to have extensive implications...

    • 12 The Alberta Oilpatch: Multilevel Regulation Transformed
      (pp. 283-304)

      On 10 September 2004 the new federal Liberal government’s minister of the environment, Stéphane Dion, gave his first official address to the Calgary Chamber of Commerce. The session was sponsored by Canadian Chamber of Commerce, the Canadian Association of Petroleum Producers (CAPP), the Pembina Institute for Appropriate Development, and Pollution Probe. Along with the minister of natural resources, John Efford, and the government leader in the Senate, Dan Hays, a number of executives from Alberta’s upstream and midstream petroleum industry were there to assess the new minister. After more than a decade of confrontation with previous Liberal environment ministers, the...

    • 13 Multilevel Regulatory Governance in the Health sector
      (pp. 305-324)

      This chapter examines the nature and challenges of multilevel regulation and regulatory governance within the health sector. The health sector refers here basically to the regulation of health products such as drugs, medical devices, and biologically based products and does not include broader domains such as the Medicare system. Its focal point is Health Canada’s complex array of regulatory realms and its multilevel regulatory aspects. The chapter sets out a conceptualized understanding of multilevel regulation and regulatory governance as a response to emerging pressures that are broadening the scope and changing the dynamics of the health sector’s regulatory environment.


    • 14 Regulating Risk: An Assessment of Canada’s Multilevel Emergency Management Framework
      (pp. 325-347)

      According to Cicero’s maxim of government, the safety of the people is the supreme law. Given the emergence of the so-called ‘new risk’ environment, the degree of public concern, and the scale of government resources directed towards improving the safety of Canadians, it is difficult to dispute the veracity of this statement. Fuelled by the emerging threat of global terrorism following the attacks on New York and Madrid, public health emergencies such as Severe Acute Respiratory Syndrome (SARS) and ‘mad cow’ disease, and devastating ‘natural’ disasters, including the Iranian earthquake and Asian tsunamis, public concern has escalated into a climate...

  8. 15 Conclusions
    (pp. 348-368)

    The purpose of this book has been to use a multilevel regulatory governance lens, with a focus ranging from the international to the urban/community level, to explore how regulation is developing and changing in Canada. Using this lense, the chapters have mapped and analysed in various wayswhyandhowmultilevel regulatory governance is evolving and also how change is being resisted. Most of the chapters have also identified a number of contested norms, principles, and mechanisms to advance ways to improve multilevel regulatory governance in Canada.

    In this concluding chapter, we draw out further the explanatory and normative perspectives...

  9. Contributor List
    (pp. 369-372)
  10. Back Matter
    (pp. 373-374)