Influencing Canadian and Provincial Environmental Law and Policy

Influencing Canadian and Provincial Environmental Law and Policy CEGN 2006 Policy Forum December 8, 2006 Nicola Crawhall Nicola Crawhall and Associates The Nature of Environmental Policy    Environmental policy is very broad-from bunnies and bears, to trees and wetlands, to industrial emissions and spills, to cancer and asthma. Most environmental protection traditionally at provincial level. Increasingly, municipalities taking or being downloaded responsibilities with fewer resources. Within government, environmental policy is nearly only area that is regulating everyone else’ constituency (industry, municipalities, labour) without having its own supportive constituency. Needs to be created and maintained. Nicola Crawhall and Associates 2 The Canadian Environmental Landscape     Federal jurisdiction over fisheries, shipping, interprovincial trade and commerce, criminal law and ‘Peace, Order, and Good Government’. Federal environmental laws address issues of national, international nature, and First Nations issues. Implement international agreements such as the Montreal Protocol, Basel Convention, Kyoto Protocol, Great Lakes Agreement. Federal involvement and interest in Canada-wide standards, eg wastewater standards. Nicola Crawhall and Associates 3 Federal Environmental Laws  Includes a number of departments including Environment Canada, Natural Resources Canada, Infrastructure Canada, Health Canada, Fisheries and Oceans Canada, Department of Foreign Affairs, Privy Council Office, P.M.O. Canadian Environmental Protection Act, Canadian Environmental Assessment Act, Fisheries Act, Canadian Shipping Act, Navigable Waters Act, Pest Control Products Act, Transportation of Dangerous Goods Act, Species at Risk Act, air regs affecting specific industries that emit asbestos, mercury, lead, vinyl chloride. Nicola Crawhall and Associates 4  Provincial Jurisdiction  Generally, includes environmental issues of a local nature, related to property and civil rights, primary jurisdiction over agriculture, forestry, mining, hydroelectric development, and provincial crown ownership/ management of natural resources.  In Ontario, includes Ministries of Environment, Natural Resources, Agriculture, Infrastructure Renewal, Municipal Affairs, Tourism, Transportation, Intergovernmental Affairs, P.O., C.O.  Ontario EPA, Ontario Water Resources Act, Safe Drinking Water Act, Clean Water Act, Spills Bill, Environmental Assessment Act, Waste Diversion Act, Nutrient Management Act, Planning Act, Places to Grow Act, Greenbelt Act, ORMCA, Niagara Escarpment Act, Mining Act, Aggregate Resources Act, Forestry Act, Crown Forest Sustainability Act, Endangered Species Act, Fish and Wildlife Act, Lakes and Rivers Improvement Act, and Associates Authorities Act. 5 Conservation Nicola Crawhall How do ENGOs influence policy?  Few ENGO staff are effective at influencing government policy.  Legal-based ENGO advocacy through legal ENGO has been effective.  Many ENGOs adopt activist, campaignstyle strategies, grass roots pressure.  Very few ENGOs play the ‘inside’ government relations game. Nicola Crawhall and Associates 6 What are governments looking for?  Trust and fairness  Support, Champions, and a positive soundbite or quote for media  Solutions, not problems  Tempered or No criticism  A constituency, to create space internally by creating pressure externally  Credit for good government action Nicola Crawhall and Associates 7 What are ENGOs looking for?  Core funding for policy, advocacy function  Greater flexibility in how to allocate funding that allows for rapid changes in tactics.  Better understanding of what it takes to launch, maintain campaign  Less emphasis on org. capacity building, more on supporting, nurturing leaders, Nicola Crawhall and Associates 8 talent. How can grantmakers help?       Bring public interest, community organizations together in unlikely alliances, coalition for common cause Bring some discipline,credibility to campaign Rapid intervention when necessary or possible Support and build capacity for full range of influencing function-developing an influencing strategy, research, coalition building, media relations, polling, government relations, leadership. Develop policy influencing/advocacy expertise, understanding within grantmaking organization. Push ENGOs beyond their comfort zone. Nicola Crawhall and Associates 9 Examples of effective ENGO policy influencing       Ontario Clean Water Act Climate Action Network and COPP 11 Federal fuel efficiency standards Ontario Greenbelt Act Federal Species at Risk Act Great Lakes Charter Annex Nicola Crawhall and Associates 10