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Lessons Learned Results-Based Regulations for the Integrated Pest Management Program Rob Adams, IPM Unit Head, Victoria, BC May 1, 2007 Program Objective: Protection of Human Health and the Environment and Promoting an Integrated Pest Management Approach to Use of Pesticides in BC.

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Lessons learned results based regulations for the integrated pest management program l.jpg
Lessons Learned Results-Based Regulationsfor the Integrated Pest Management Program

Rob Adams, IPM Unit Head, Victoria, BC

May 1, 2007

Program Objective: Protection of Human Health and the Environment and Promoting an Integrated Pest Management Approach to Use of Pesticides in BC.

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What is Results-Based???

  • Reduced #s of permits/authorizations which involve review of site specifics and setting conditions

  • Legal requirements specify- more outcomes, less how to achieve requirements (prescriptive)

  • Promote stewardship by industry and public

  • More regulations for greater risk activities; less for low risk activities (risk-based)

  • Deregulation - less red tape for industry

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IPM Regulation Development

  • Discussion document with proposed high-level objectives posted for comment Oct. 2002

  • Stakeholder workshop Nov. 2002

  • New IPM Act passed in Legislature in Oct. 2003

  • IPM Regulations Discussion Doc. posted Nov. 2003

  • Meetings with industry technical experts Jan – Jun 2004

  • Regulations Intentions Paper posted Oct. 2004

  • Workshop with stakeholders Oct. 2004

  • Regulation completed and brought into force Dec. 31, 2004

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Objectives for New Regulatory Approach – IPM Program

  • Deregulation

  • Reduce administrative decisions

  • More ministry resources for compliance

  • Risk–based approach to regulations

  • Promote IPM (incorporates precautionary principle)

  • Regulatory consistency across the province

  • Promote industry and public stewardship

  • At least same or better environmental protection

  • Clear, enforceable regulations with bigger penalties

  • Allow industry to be innovative to achieve requirements

  • Implement an efficient registration system

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1. Deregulation

  • Somewhat successful

  • Reduced number of permit conditions

  • Reduced, where possible, administrative requirements that cost industry time and money

  • The regulations now include more environmental protection standards

  • The regulations now are more difficult to read and understand

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2. Reduce Administrative Decisions

  • Very successful

  • 200-400 per year reduced to 1-2 per year

  • No decision means no appeal

  • Few complaints but need public information document

  • Much more effort spent developing standard requirements - much better than permit conditions

  • Ensuring First Nations consultation remains to be resolved

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3. More Ministry Resources for Compliance

  • Very successful

  • Decision makers shifted from permits to compliance

  • Problem – need compliance strategy to best use resources

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4. Risk – Based Approach to Regulations

  • Moderately Successful

  • Excluded, Domestic, Commercial, Restricted, Permit categories of products

  • Less regulation/less compliance work on lower risk activities

  • Need to avoid ongoing classification of products into risk categories

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5. Promote IPM (precautionary principle)

  • Likely success

  • Accepted by both industry and environmental protection advocates

  • Compliance involves mainly promotion; enforcement is difficult

  • Success will largely depend on development of good guidelines accepted by and promoted by industry associations

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6. Improve Regulatory Consistency

  • Very successful

  • Avoids confusion resulting from requirements set by different decision makers with little time to develop them for each permit

  • Requirements are much improved because all ministry staff and industry experts helped to develop them

  • Now possible to set provincial compliance strategy

  • Some activities may need requirements to be fine-tuned by amendments

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7. Promote Industry/Public Stewardship

  • Success in some industry sectors

  • Have provided mechanisms for industry to show how they can minimize environmental impact and to be held accountable to public if they don’t

  • Need to communicate more the roles for public/industry – public still not aware of their role

  • Progressive industry associations have embraced the new IPM requirements and are requesting their members use them

  • Have to assess acceptability of no requirement for industry to implement their plans as described

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8. Same or Better Environmental Protection

  • Success to be determined

  • Standard requirements are likely good because of many years of use under permits

  • Less assurance that individual proponents are aware of requirements when no permits are issued

  • Can allocate more resources to compliance

  • Likely more difficult to determine non-compliance with results–type regulation than prescriptive-type

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9. Clear, Enforceable Regulations

  • Not very successful

  • Regulations are very hard to follow and require industry specific information bulletins

  • Guidelines are required to inform industry proponents how to comply

  • Still differing opinions between industry and ministry on meaning of some terms/requirements

  • Ministry needs to develop verification criteria to determine how best to determine compliance

  • Ministry has already amended severe problems and has process for more amendments

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10. Allow Industry to be Innovativeby Setting Objectives

  • Moderately successful

  • Some requirements set objectives, but many are somewhat prescriptive

  • Note that setting objectives may not be appropriate where verifying compliance is hard and hazard is high

  • Exact wording specified for adds/communications not good

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11. Implement an Efficient Registration System

  • Successful to date

  • Have developed forms, staffing needs, data base, communications to clients, procedures for paper flow

  • Forms need better instructions/definitions of terms

  • Fees need security and clarity