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G. Bruce Doern - Rules and Unruliness: Canadian Regulatory Democracy, Governance, Capitalism, and Welfarism

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G. Bruce Doern Rules and Unruliness: Canadian Regulatory Democracy, Governance, Capitalism, and Welfarism

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A critical examination of Canadian regulatory governance and politics over the past fifty years, Rules and Unruliness builds on the theory and practice of rule-making to show why government unruliness - the inability to form rules and implement structures for compliance - is endemic and increasing. Analyzing regulatory politics and governance in Canada from the beginning of Pierre Trudeaus era to Stephen Harpers government, the authors present a compelling argument that current regulation of the economy, business, and markets are no longer adequate to protect Canadians. They examine rules embedded in public spending programs and rules regarding political parties and parliamentary government. They also look at regulatory capitalism to elucidate how Canada and most other advanced economies can be characterized by co-governance and co-regulation between governments, corporations, and business interest groups. Bringing together literature on public policy, regulation, and democracy, Rules and Unruliness is the first major study to show how and why increasing unruliness affects not only the regulation of economic affairs, but also the social welfare state, law and order, parliamentary democracy, and the changing face of global capitalism.

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McGill-Queens University Press 2014 ISBN 978-0-7735-4332-4 cloth ISBN - photo 1

McGill-Queens University Press 2014

ISBN 978-0-7735-4332-4 (cloth)

ISBN 978-0-7735-4333-1 (paper)

ISBN 978-0-7735-9040-3 (eP DF)

ISBN 978-0-7735-9041-0 (eP UB)

Legal deposit first quarter 2014

Bibliothque nationale du Qubec

This book has been published with the help of a grant from the Canadian Federation for the Humanities and Social Sciences, through the Awards to Scholarly Publications Program, using funds provided by the Social Sciences and Humanities Research Council of Canada.

McGill-Queens University Press acknowledges the support of the Canada Council for the Arts for our publishing program. We also acknowledge the financial support of the Government of Canada through the Canada Book Fund for our publishing activities.

Library and Archives Canada Cataloguing in Publication

Doern, G. Bruce, 1942, author

Rules and unruliness: Canadian regulatory democracy, governance, capitalism, and welfarism / G. Bruce Doern, Michael J. Prince, and Richard J. Schultz.

Includes bibliographical references and index.

Issued in print and electronic formats

ISBN 978-0-7735-4332-4 (bound). ISBN 978-0-7735-4333-1 (pbk.).

ISBN 978-0-7735-9040-3 (ePDF). ISBN 978-0-7735-9041-0 (ePUB)

1. Administrative agencies Canada. 2. Administrative procedure Canada. 3. Canada Economic policy. 4. Industrial policy Canada. 5. Social legislation Canada. 6. Canada Politics and government 1945. I. Prince, Michael John, 1952, author II. Schultz, Richard J. (Richard John), 1945, author III. Title.

KE5019. D63 2014 342.71'066 C2013-908496-7

KF5407. D63 2014 C2013-908497-5

This book was typeset by Interscript.

In memory of the late Professor Peter Aucoin, our friend, teacher, colleague, lifelong inspiration, and a great Canadian and international scholar and advocate of renewed parliamentary democracy

Chart and Tables

CHART

I.1 Analysing Rules and Unruliness in the Evolution of the Canadian Regulatory System: Regulatory Democracy, Governance, Capitalism, and Welfarism

TABLES

I.1 The Six Regulatory Regimes and Case Realms Examined

1.1 Conceptual Foundations in Brief

1.2 Preview Illustrations of the Three Main Types of Unruliness

4.1 Key Features of the Macro-Regulatory Governance Regime

9.1 Parliamentary Watchdog Officers and Agencies

10.1 Examples of Unruliness Examined

Preface

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.

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