NFPs as Vehicles for Next-Generation Regulation:

1. NFPs as Vehicles for Next-Generation Regulation: Lessons from Canadian and European Experience Jeremy Rayner (Malaspina University-College) Michael Howlett (Simon Fraser University)

2. Overview: The Future of NFPs • Internationalization, governance and steering • NFPs as governance frameworks for SFM • Both adoption and shape of NFP depends on: • Relationship of private and public sector governance capacities • Canada – a NFP in a non-European context • Internationalization (and “europeanization”) cause convergence; domestic factors cause divergence • Internationalization, governance and steering • NFPs as governance frameworks for SFM • Both adoption and shape of NFP depends on: • Relationship of private and public sector governance capacities • Canada – a NFP in a non-European context • Internationalization (and “europeanization”) cause convergence; domestic factors cause divergence

3. Internationalization, Governance and Steering • Governance arguments • Domestic policy escapes government control in era of internationalization • The “hollow state”: private actors with public coordination • Governance challenges • Democratic governments still responsible for policy outcomes • How to steer rather than row • Governance arguments • Domestic policy escapes government control in era of internationalization • The “hollow state”: private actors with public coordination • Governance challenges • Democratic governments still responsible for policy outcomes • How to steer rather than row

4. NFPs as Governance Frameworks for SFM • Challenges of the SFM idea • Internationalization of SFM • The “weak regime” – IPF/IFF Action Plan • “Europeanization”: MCPFE, EU • Convergence without Europeanization? • Challenges of the SFM idea • Internationalization of SFM • The “weak regime” – IPF/IFF Action Plan • “Europeanization”: MCPFE, EU • Convergence without Europeanization?

5. Governance: Public/Private Coordination

6. Governance: Public/Private Coordination Regulated Self-Regulation Private Self-Regulation InterventionistRegulation InterferingRegulation

7. NFPs Reflect This Dynamic

8. NFPs Reflect This Dynamic Classical NFP Equivalent to NFP Failed NFP Rhetorical NFP

9. European NFPs

10. European NFPs

11. Canada: Internationalization Without Europeanization • Overview of Canadian forest law and policy • Federal-Provincial division of powers favours the provinces • Provincial convergence on long-term tenures with management requirements • “Integrated resource management” really timber management under constraints • Overview of Canadian forest law and policy • Federal-Provincial division of powers favours the provinces • Provincial convergence on long-term tenures with management requirements • “Integrated resource management” really timber management under constraints

12. The Difficult Transition • Closed policy-networks form around implementation of long-term tenures • Resistant to admitting new ideas and new actors • When issues are framed as technical ones • Export dependency makes Canada vulnerable to internationalization • No lack of campaignable issues to work on • Closed policy-networks form around implementation of long-term tenures • Resistant to admitting new ideas and new actors • When issues are framed as technical ones • Export dependency makes Canada vulnerable to internationalization • No lack of campaignable issues to work on

13. The Evolution of the National Forest Sector Strategy

14. The Failure of Reregulation • First response to internationalization is reregulation • BC Forest Practices Code • Ontario Crown Forest Sustainability Act • Reregulation fails • Too expensive • Requires constant pressure from INGOs

15. The Fifth NFSS as a Governance Framework • Various next generation initiatives • Certification • Results-based Code in BC • Incentives for experimentation and alternative silviculture • Need a governance framework • Change in focus of NFSS • from rhetorical NFP to emphasis on information and audit • Various next generation initiatives • Certification • Results-based Code in BC • Incentives for experimentation and alternative silviculture • Need a governance framework • Change in focus of NFSS • from rhetorical NFP to emphasis on information and audit

16. The Future of NFPs:What Can We Expect? • Convergence and divergence in different regional settings • Instrument choice • Focus on the right instrument mix • Auditing & information • Implementation • A powerful force for divergence • The death of the state? • Convergence and divergence in different regional settings • Instrument choice • Focus on the right instrument mix • Auditing & information • Implementation • A powerful force for divergence • The death of the state?