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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
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.

what is results based
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
ipm regulation development
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
objectives for new regulatory approach ipm program
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
1 deregulation
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
2 reduce administrative decisions
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
3 more ministry resources for compliance
3. More Ministry Resources for Compliance
  • Very successful
  • Decision makers shifted from permits to compliance
  • Problem – need compliance strategy to best use resources
4 risk based approach to regulations
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
5 promote ipm precautionary principle
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
6 improve regulatory consistency
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
7 promote industry public stewardship
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
8 same or better environmental protection
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
9 clear enforceable regulations
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
10 allow industry to be innovative by setting objectives
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
11 implement an efficient registration system
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