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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??? • 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 • 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 • 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 • 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 • 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 • Very successful • Decision makers shifted from permits to compliance • Problem – need compliance strategy to best use resources
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) • 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 • 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 • 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 • 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 • 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 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 • 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