Environmental Policy Under a Parliamentary System

Online Discussion 1: Environmental Policy under a Parliamentary System

As we learned in last week’s lesson, the Canadian system of government can pose challenges to the setting of environmental policy. Let’s explore this issue in our discussion this week by considering the following questions as well as any ideas relevant to this issue that you think of as the discussion progresses. You do not need to address all of these questions in a single post - in fact, it is probably better to limit each post to one or two well argued points.

Do you think our federal-provincial system of government makes it impossible to pass effective environmental legislation?

Would you change anything about the division of powers between the federal and provincial/territorial governments in order to improve the design and implementation of environmental policy in Canada?

Is environmental policy superior in the United States (can we learn any lessons from their approach including things to avoid)?

Can you find any examples of successful provincial/federal cooperation on environmental policy implementation in Canada?

Finally, do you think that we are in for a new era of environmental policy cooperation with the election of a new government this fall?

Post 1:

Hi Kristen,

In addition to your extensive research on the comparison of both the US and Canada’s differences in environmental policy, I have done some research myself and have read an interesting article that discusses lessons from America for environmental law enforcement in Canada.

The textbook has done a great job synthesizing information and giving an overview of environmental policies in both countries, but the journal critically assesses government efforts and outlines key policy differences. This journal first discusses jurisdictional differences in regards to environmental law in the US and Canada stemming from their constitutions. For Canada, the responsibility of environmental protection lies between the federal and provincial governments, whereas in the US, the jurisdiction over environmental matters is not set out in the constitution and the federal government has broader jurisdiction.

The fragmentation of environmental law in Canada results in constitutional division of jurisdiction over environmental laws, and no single statute at the federal level consolidates the full scope of environmental law. The will of the US congress to address environmental problems nationwide has allowed them to have a more centralized environmental enforcement reporting as well as a complete array of legally enforceable national environmental standards compared to Canada. In contrast, Canada has no overarching environmental agency that overlooks enforcement of national law. Canada’s constitution may give more power to provinces than the US constitution does to the States, but provinces are inconsistent when exercising powers, leading to varying environmental standards across Canada. America has much more consistent environmental laws as they are responsible for the implementation of national standards established by federal environmental law.

The journal contrasts both countries' environmental policies and agencies and advises Canada on what they can learn from its neighbouring country. Overall, it is a very interesting read that outlines some key differences that the textbook does not necessarily discuss in depth.

Post 2:

Canada's Federal-Provincial System & Its Implications

Do you think our federal-provincial system of government makes it impossible to pass effective environmental legislation? Can you find any examples of successful provincial/federal cooperation on environmental policy implementation in Canada? 

I believe that the federal-provincial system of government has the ability to regulate environmental policy successfully and pass effective legislation. Since regulatory powers lie between both federal and provincial governments, there may be opposing views and conflicting objective between both levels of government while implementing environmental policy, but there are many scenarios where they have successfully cooperated through formal and informal mechanisms. Some mechanisms are federal-provincial agreements and accords, advisory bodies, working-level task forces and committees and inter-ministerial coordinating bodies.

An example of successful federal-provincial cooperation is the control of toxic substances under the Canadian Constitution. Since there are interjurisdictional components to regulate toxic substances, this necessitates and facilitates federal-provincial agreements and cooperation. During the 1970s, the federal government agreed to sign for protection and enhancements of environment quality with majority of the provinces. Objectives of the accords were to enhance effectiveness of environmental control actives, as well as provide a framework for specific agreements relating to particular problem areas. The provinces agreed to establish and enforce environmental requirements as strict and precise of at least the federal requirements. The federal government agreed with accordance of the provinces to establish national ambient air and water quality objectives and to develop national baseline effluent and emission requirements and guidelines for specific industrial groups and pollutants. The manner in which the enforcement of environment standards was handled by the provincial government primarily, whereas the the federal government would undertake enforcement action at the request of a province or if the provinces failed to fulfill its obligations.

Through this example, we see that there are ways that provincial and federal levels do come to agreements and conclusions for environmental policy legislation.

Douglas, Kristen, David Johansen, and Monique Hebert. "Toxic Substances: Federal-provincial Control (88-11E)." Toxic Substances: Federal-provincial Control (88-11E). N.p., 31 July 1997. Web. 24 Nov. 2015. <http://publications.gc.ca/Collection-R/LoPBdP/CIR/8811-e.htm#C. Federal>.

Post 3:

Do you think that we are in for a new era of environmental policy cooperation with the election of a new government this fall? Do you think that we are in for a new era of environmental policy cooperation with the election of a new government this fall?

Everyone has touched upon interesting and well-written points in this discussion. I definitely believe that there is a new era of environmental policy cooperation with