1 / 11

Objectives Pillar Workshop

Objectives Pillar Workshop. Compliance and Enforcement -- Implications / Issues 2009. Objectives Pillar Workshop 2009. Previously, from learning objectives – Examine some positive and negative aspects of the construct and content of legal orders / objective actions

demi
Télécharger la présentation

Objectives Pillar Workshop

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Objectives Pillar Workshop Compliance and Enforcement -- Implications / Issues 2009

  2. Objectives Pillar Workshop2009 • Previously, from learning objectives – Examine some positive and negative aspects of the construct and content of legal orders / objective actions • Global movement to move away from prescriptive requirements to results based requirements – enables greater number of circumstances to be captured; and lend themselves to being measurable or verifiable • On a positive note, enables localized issues to be dealt with in arguably a more focused manner – fitting to the local circumstance

  3. Objectives Pillar Workshop2009 • On a negative (with respect to an Order) – a possible worst case scenario is where an enforcement action has been challenged to the Supreme Court of BC; and the enforcement action has been over turned based on the fact that the Order that precipitatedthe chain of events, was determined to have been initiated contrary to statutory requirements.

  4. Objectives Pillar Workshop2009 • So in going back to the beginning, one needs to be aware that by definition a LUOR or GAR Order are regulations • The in writing order, it would then need to describe vis-à-vis objectives what is desired to be remedied • Orders, in and of themselves, are generally not enforceable – become enforceable via practice requirements, or results or strategies contained in an operational plan, e.g., GWM vis-à-vis FPPR s. 69 • Legislation describes, in general, a procedure to be used in writing an “Order”

  5. Objectives Pillar Workshop2009 • Therefore, Principles of Administrative Law not only apply during the compliance /enforcement end of the spectrum; but they equally apply at the initiation end of the spectrum – the development and implementation of an Order / Objective • Once brought into effect, then implementation (compliance) is about how to: • promote compliance; • avert non-compliance before it occurs; and • detect and address non-compliance when it does occur; • All the while trying to provide a consistent approach – regardless of action by MFR/MoE/MAL/MTCA/ etc. • The extent to which risk is managed at the planning stage will dictate how well risk can be managed at the compliance stage – enabling that “consistency” requirement

  6. Objectives Pillar Workshop2009 • Some additional risks that need to be considered at the implementation stage: • The risk that the plan won’t be implemented properly; • The risk that the plan is simply wrong (and therefore needs to be amended) and; • The risk that the objectives (Order) set by the legislation will not be met. • E.g., risk of an order not being met – GWM for mule deer winter range – trees removed, but requires expert witness – expert says, looks okay – what then?

  7. Objectives Pillar Workshop2009 • Fortunately, gov’t employees do not have to become experts in civil or criminal law in order to defend themselves against allegations of wrong-doing. The best defence is to carry out their duties within the limits of their authority, to be mindful of the interests of those who may be impacted by their actions and decisions, to conduct themselves in accordance with the highest standards of professionalism, neutrality and integrity, and to respect the rule of law.

  8. Objectives Pillar Workshop2009 • A long standing over arching objective of gov’t is to have consistency in determining compliance and enforcement of statutes the regulated community are obliged to comply with • Having a LUOR / GAR order enacted that meets the statutory requirements and administrative law principles, will definitely help facilitate the ability for consistency to be demonstrated in the implementation and any subsequent enforcement actions

  9. Objectives Pillar Workshop2009 • “The right approach requires a mix of information at multiple scales. It requires an understanding of the higher level objectives of society and knowledge of how to best apply those to the specific bio-physical characteristics of a given piece of land” (Doug Konkin DM, MFR, in BC Forest Prof.) • As all legislation “must be construed as always speaking” (from IA s. 7), arguably one of those objectives is theuse of professional reliance – using a different tool other than legislation or orders to deliver an outcome on the ground

  10. Objectives Pillar Workshop2009 • In closing – back to the theme of this workshop – is an objective / Order the right gov’t action to take; as there are other tools that can be implemented. • E.g., professional reliance (ABCFP, APEGBC, CABBC, BCIA) – terrain stability, crossings, etc? • regulation changes? (possibly under different legislation) • Applying appropriate conditions to approvals? • Other types of Orders, other than LUOR or GAR? • If written, can the Oder be clearly implemented

  11. Objectives Pillar Workshop2009 • Questions ??????

More Related