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Forest Legislation Reform. Toward Results Based Or “The Next Generation”. American Center for Strategic and International Studies. Reviewed major policy papers on changing env. regulation - 1999 Three themes found. Three Themes. Need:

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forest legislation reform

Forest Legislation Reform

Toward Results Based


“The Next Generation”

american center for strategic and international studies
American Center for Strategic and International Studies
  • Reviewed major policy papers on changing env. regulation - 1999
  • Three themes found
three themes
Three Themes


Moreperformance-based, information rich, technology spurring, flexible, accountable reg systems

Broader array of policy tools to promote continuous improvement

Stronger private sector mgmt systems that internalize stewardship ethic


Canada – External Advisory Committee on Smart Regulation 2004

- need greater focus on results

- there are more operators with capacity to

meet results without prescriptive regulation

- good monitoring/assessment enables

bold use of performance regulation


Managing the Environment – A Review of Best Practices for Ontario 2001

- examined latest thinking across jurisdictions

- 5 major shifts noted

5 major shifts
5 Major Shifts

Share responsibility across Ministries

More focus on improvement

Manage env. as a whole – air, land, water

More reliance on operators, NGO’s, public, academics

Improve performance through partnerships, innovation, compliance assistance

enterprise saskatchewan
Enterprise Saskatchewan

Partnership of govt., industry, labour, aboriginals, post secondary, and others

Dedicated to sustained economic growth

“In short… continually push the competitive envelope”

Premier Wall

enterprise saskatchewan1
Enterprise Saskatchewan

Regulatory Modernization Council

- recommends to board of directors of ES

- to guide regulatory reform and business

service priorities

- 11 strategic themes

11 themes
11 Themes
  • - Modern regs
  • Client Service
  • Focus
  • - On – Line Service
  • Simplify paper
  • work
  • - Measurement &
  • Accountability
  • - Timeliness
  • - Transparency
  • Effective
  • Communication
  • Reg Impact
  • Analysis
  • Harmonization
  • of stds
  • Reduce $
  • Burden
provincial direction
Provincial Direction

A healthy, safe and prosperous future through:

  • Global innovation leader in energy, environment and natural resources
  • Sustainable environmental practices
  • Protecting and conserving natural resources
  • Professional public service
  • Open, accountable and transparent government
  • Competitive regulatory environment
current status
Current Status

Rapidly growing Sask economy and progressively reduced ministry capacity

Increasing regulatory delays

Heavy consequences for province

Delayed employment, impeded growth

Loss of tax and royalty revenue

Local impacts

Even greater consequences to investors

Delay of production

Barrier to investment

govt labour force
Govt Labour Force

Rapidly graying and losing core skills

>200 persons could retire within 3 years

Shortage of key engineering and science skills available in current labor market

Government currently not competitive with private sector for these skills

Low probability of replacing key staff to have seamless succession that will not impact licence holders

objectives of new model
Objectives of New Model
  • Ongoing innovation and continuous improvement of regulatory systems
  • Accountability to public and transparency in all aspects of environmental regulation
  • Effective compliance assurance programs
objectives cont d
Objectives (Cont’d)
  • Timely, science and knowledge-based env mgt decisions by a professional public service
  • Environmental protection delivered as a routine business system supported by qualified professionals
  • Facilitate economic growth through efficient and consistent results-based regulation
results based regulation
Results Based Regulation

Specifies the environmental outcome or standard required, but leaves the specific practices to achieve that outcome up to the discretion of the regulated entity

Contrast to “command and control” which relies heavily on permitting and control of design standards that specify exactly “how” to achieve compliance

components of a results based model
Components of a Results-Based Model

Reporting by operators

Enhanced role and responsibility of professionals and professional regulation

Collaboration and communication

Transparency to the public


Compliance Assurance

legislative framework
Legislative Framework

Appropriate combination of:

Act – sets out purpose and application of laws, authorities, responsibilities, offences

Regulations – set out administrative processes and may adopt Codes/Standards

Codes – set out requirements/results, some more detailed than others

saskatchewan environmental code
Saskatchewan Environmental Code

Some concepts

Develop for all sectors with representative committees of knowledgeable practitioners

Peer reviewed

Updated periodically

Results-based objectives

saskatchewan environmental code1
Saskatchewan Environmental Code

Some concepts

Developers operate in accordance with code

Fewer licencing requirements due to code

Qualified persons responsible for meeting code

Audits verify compliance with code

Provincial Forest Standards = Code

it infrastructure essential
IT Infrastructure Essential

An essential management tool

Data geo-referenced and posted on web-based EMIS for public access

Maintenance of archives and library essential

Data and information is acquired, analyzed, communicated and archived electronically to standards agreed to by the stakeholders

audit and enforcement essential
Audit and Enforcement Essential

Audited as necessary, in accordance with priorities, operator compliance history and environmental risk

Reward system for excellence?

Enforcement of penalties

Widespread communication of results

guiding principles
Guiding Principles


- significant changes to env. reportable by operator


- operators accountable for protection of the environment

- MOE accountable to the public to assure compliance

guiding principles1
Guiding Principles


  • Sask. industry must be able to compete

Respect Other Governments:

  • Each level has own responsibilities to citizens


- Decisions made by professionals (public & private) using best available information

guiding principles2
Guiding Principles


- Decisions made, communicated and implemented at the speed of the economy

three basic types of rules
Three Basic Types of Rules
  • Guidelines – voluntary, best when flexibility and innovation key

Eg. how to conduct consultations

  • Mandatory practices – when results not easily measured

Eg.road closure barrier

  • Desired Results – best when commonly understood and easily measured

Eg. retain representative old growth

measures of good rule
Measures of Good Rule

Simple: reasonable # of steps to get to decision

Clear: in same situation different people interpret rule in

same manner

Congruent: matches the problem, does not

- over include eg. berry pickers need permit

- under include eg. no fees for bio fuel harvesting

considerations for determining results
Considerations for Determining Results

Affordable - economically efficient

Based on best science

Based on best consultation

- social & political criteria

Based on risk of damage

- tolerance for risk varies

- scale – stand level versus landscape

- link to management objectives

considerations for determining results1
Considerations for Determining Results


Industries Capacity to Measure, Report, Innovate

- current state of forest industry

- capacity of small business sector

Sensitivity to variability over time and space

- 1 rule everywhere can become too general

to be useful

legislative options to enhance professional competence accountability
Legislative Options to Enhance Professional Competence/Accountability

Govt. defines who is qualified to perform designated activities

ASFP advocates to amend ASFP Act to “right to practice”

Govt./Industry/ASFP partnerships voluntarily improve competence

potential roles for asfp cif
Potential Roles For ASFP/CIF

Participate in defining desired for. mgmt. results

Promote scientific advancement

Champion professional competence and innovation

Educate stakeholders

Dispute Resolution – honest broker eg. audit findings