This book is the product of the authors individual and collaborative work on regulation in Canada and internationally over the past four decades. During this extensive period of reading, discussion, and interviews, we owe numerous debts of thanks, gratitude, and learning to many individuals and to many agencies and institutions involved directly and indirectly with the story of Canadas regulatory democracy and governance.
We are indebted to the two McGill-Queens University Press peer reviewers for their constructive and insightful comments on an earlier version of the manuscript. They have helped us strengthen the overall conceptual and empirical coherence of the book. We are also grateful to many academics and practitioners from across Canada and internationally. We have drawn on their scholarly research, which we cite and debate throughout the book.
A continuing intellectual and personal set of thanks are owed to colleagues and staff at our respective academic institutions, the School of Public Policy and Administration at Carleton University, the Politics Department, University of Exeter in the United Kingdom, the Faculty of Human and Social Development, University of Victoria, in particular, the Studies in Policy and Practice Program, and the Department of Political Science at McGill University in Montreal.
G. Bruce Doern, Michael J. Prince, and Richard J. Schultz
Abbreviations
AANDC Aboriginal Affairs and Northern Development Canada
AHRA Assisted Human Reproduction Act
AHRC Assisted Human Reproduction Agency of Canada
AHRT assisted human reproduction technologies
AIT Agreement on Internal Trade
BCNI Business Council on National Issues (now the Council of Chief Executives)
BQ Bloc Qubcois
BSE bovine spongiform encephalopathy
CBC Canadian Broadcasting Corporation
CBSA Canada Border Services Agency
CDRM Cabinet Directive on Regulatory Management
CDSR Cabinet Directive on Streamlining Regulation
CEO chief executive officer
CEPA Canadian Environmental Protection Act
CESD Commissioner of Environment and Sustainable Development
CFI Canada Foundation for Innovation
CFIA Canadian Food Inspection Agency
CFIB Canadian Federation for Independent Business
CHT Canadian Health Transfer
CHST Canada Health and Social Transfer
CIC Citizenship and Immigration Canada
CIHR Canadian Institutes of Health Research
CIPO Canadian Intellectual Property Office
CMA Canadian Manufacturing Association
CORE Centre for Regulatory Expertise
CPP Canada Pension Plan
CRA Canada Revenue Agency
CRTC Canadian Radio-television and Telecommunications Commission
CSIS Canadian Security Intelligence Service
CST Canadian Social Transfer
CTA Canadian Transportation Agency
CTC Canadian Transport Commission
CUFTA Canada-US Free Trade Agreement
DOC Department of Communications
DPP Director of Public Prosecutions
DTH direct to home
EACSR External Advisory Committee on Smart Regulation
EI Employment Insurance
EMR Energy, Mines, and Resources
EU European Union
FCAC Financial Consumer Agency of Canada
FDA Food and Drug Administration (US)
FISC Financial Institutions Supervisory Committee
FPAC Forest Products Association of Canada
FSB Financial Stability Board
FTA Free Trade Agreement (Canada-US)
GATT General Agreement on Tariffs and Trade
GST Goods and Services Tax
HRSDC Human Resources and Skills Development Canada
HST harmonized sales tax
ICT information and communication technology
IMF International Monetary Fund
INAC Indian and Northern Affairs Canada
IP intellectual property
IRBD Immigration and Refugee Board of Canada
MI Ministerial Instruction
MOT Ministry of Transport
MOU memorandum of understanding
NAFTA North American Free Trade Agreement
NDP New Democratic Party
NEB National Energy Board
NEP National Energy Program
NGO non-governmental organization
NRTEE National Round on Environment and Economy
NTA National Transportation Act
OECD Organization for Economic Cooperation and Development
OSFI Office of the Superintendent of Financial Institutions
PBO parliamentary budget officer
PMO Prime Ministers Office
R & D research and development
RAS Regulatory Affairs Sector
RCMP Royal Canadian Mounted Police
RIAS regulatory impact assessment system
RSA related science activities
SEIA Socio-Economic Impact Analysis
SMES small and medium-sized enterprises
SOA special operating agency
TSB Transportation Safety Board of Canada
UK United Kingdom
US United States
WIPO World Intellectual Property Organization
WTO World Trade Organization
WTO TRIPS World Trade Organization Trade-Related Intellectual Property System
Introduction
Rules and Unruliness is mainly for academics and students interested in the developments, strengths, and weaknesses of Canadian rule making and regulation. We also have in mind governmental and business readers who follow regulatory issues and those citizens and interest group participants who too often feel they are caught up in a bewildering regulatory maze. The book provides an in-depth historical and comparative examination of Canadian regulation and how, with regard to both enforcement and preventative mandates, state regulation has evolved in regimes of multilevel rule making, compliance, and non-compliance that over the years have become more complex.