Governance and the environment in Canada : From regulatory renaissance to "Smart Regulation"

Winfield, M "Governance and the environment in Canada : From regulatory renaissance to "Smart Regulation"" Journal of environmental law and practice Mar 2007

• Role of regulation has gone back and forth. Origionally more into volentary measures. But seen as ineffective whereas regulatory were seen as having positive outcomes. Smart regulation initiative has ended up being very different to what may have been expected.
• Reform reflected wider "smart regulation" of OECD. ACtions included more elaborate regulation although along economic lines. Smart regulatio reflect a move away from neo-liberal models where a mix of co-operative federalism (with the local communities managing volentary regulation) and the Fed unable to cope financially -> perfect storm. Led to disasters such as drinking water contamination. In contrast regulation such as acid rain -> significant improvements.
• Unfortunately smart regulation is similar to minimalist models but with the insidious addition of element of promoting commercial interests. Shift away from just "protecting public goods" but adding "enable innovation and competition". For example there was an emphasis on risk based decision rather than precautionary.
• Key reason for failure is power of economic interests. Complete vagueness in the actual role of governments.