Government and Governance

Where does your group fit on this values spectrum? Strong environmental values On a scale from 1 to 5, with 1 being extremely supportive of jobs in the forest industry and 5 being extremely supportive of environmental conservation, how would you rate your simulation group's values? 4- Moderate environmental values 2 - moderate pro development values 3 - neutral 1 - Strong pro development values

Today’s Agenda Division of Powers Parliamentary Government Institutions, Forms of Law Problems Modifications September 18,

Institutional Design September 18, Who makes public policy? Why does it matter?

Essential Elements of Authority Division of powers Head of state PM or premier Cabinet Members of legislature Legislatures Minister Appointed officials Bureaucracies Courts Sustainable Forest Policy5

Federal Division of Powers Provincial jurisdiction paramount – ownership of lands – including timber including timber Federal jurisdiction – trade – spending (reforestation, research) – Indians – fisheries – criminal law power September 18, Federal Minister of Environment Leona Aglukkaq

_x7A _x7A September 18,

Parliamentary Government – Institutions - Executive lieutenant governor (ceremonial) lieutenant governor – Judith Guichon Judith Guichon premier and cabinetpremiercabinet – Premier: leader of the party with the most seats in the legislature – Cabinet: selected by the Premier from members of the legislature of the premier’s party – Party rules and system norms make Premier/PM remarkably powerful Selects cabinets Signs nomination papers September 18,

Parliamentary Government – Institutions - Legislature MP – Member of Parliament (federal) MLA – members of legislative assembly (BC) sits infrequently (36-47 days last 3 years) – majority rule – government must have support of majority – party discipline – all members must vote how their party tells them to Party policy set by caucus – in reality by cabinet and especially leader Current – BC Liberal 49 – NDP 34 – Green 1 September 18,

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September 18,

Parliamentary Government – Institutions - Judicial Provincial Court BC Supreme Court Provincial Court of Appeals (or Federal) Supreme Court of Canada September 18,

Parliamentary Government – Forms of Law statute enabling legislation Act of legislature Wood first bill regulation delegated legislation order in council cabinet (informal) lieutenant governor in council lieutenant governor in council (formal) contracts, permits September 18,

January 15, 2009Sustainable Energy Policy14 Diagram

Parliamentary Government -- Ideal Representative, Responsible Government parties compete for votes (platforms) mandate opportunity to govern accountable at next election September 18,

Problems expertise and bureaucracy – politics-administration dichotomy determining policy mandate participatory values – push for new forms of consultation minority-based majorities – push for different voting rules September 18,

Minority-based Majorities in BC 1972 – NDP won a majority with 39.6% vote 1975 – Socreds won with – Socreds won with – Socreds won with – Socreds won with – NDP won with – NDP won with 39.5 (Liberals had 41.8) 2001 – Liberals won with 58% 2005 – Liberals won 46% (46 seats) – NDP 42% (33 seats) – Green Party 9% (0 seats) 2009 – Liberals won 46% (49 seats) – NDP 42% (31 seats) – Green 8% (0 seats) 2013 – Liberals won 44% (49 seats) – NDP 40% (34 seats) – Green 8% (1 seat) 17

Voting rules Single member districts, “first past the post” – Plurality (most votes even if not majority) wins Current rule in BC Alternative: Proportional representation of some form September 18,

Modifications – See Chapter 1 in Luckert et al Multi-stakeholderism (October 16) Legalism (next slide) Increasing role for First Nations (next week) Certification (October 7) Community forestry Initiative, referendum, recall (not discussed) Electoral reform (failed) 19

Legalism Policy-making strongly influence by courts. Require: – public groups with access to courts – non-discretionary governmental duties – activist judiciary Effects – empowers interest groups – empowers unexpert, unelected judges 20

Enabling vs. action-forcing legal standards Discretionary (enabling) BC Wildlife Act 6(1) Where the Minister considers that a species of wildlife is threatened with imminent extinction, the Governor in Council may by regulation designate the species as an endangered species. BC Wildlife Act 6(1) Non-discretionary (action- forcing) US NFMA Regs: fish and wildlife habitat shall be managed to maintain viable populations of existing native and desired non-native vertebrate species in the planning area US NFMA Regs 21 Legalism limited in Canada because of discretionary statutes – exception: First Nations

Bureaucracy Minister – elected MLA appointed by Premier Deputy Minister – unelected senior bureaucrat Assistant Deputy Minister September 18, Steve Thomson, Minister of Forest, Lands, and Natural Resource Operations MLA Kelowna-Mission

September 18,

Governance – Broad Themes provincial dominance executive dominance legitimacy problems minor modifications policy style: executive- centered bargaining – norm of consultation September 18, es/l/in/photostream/

Official Themes so far 1.Policies are produced through governance processes, influenced by environment and markets. 2.Governance addresses who decides, who participates, at what level of government, and with which instruments 3.Canadian forest policy is dominated by the provincial level of government 4.BC’s government is dominated by the executive, particularly the premier 5.Courts have played a limited role in forest policy, with the exception of Aboriginal issues, because of the discretionary nature of BC statutes September 18,

Values spectrum Strong environmental values On a scale from 1 to 5, with 1 being extremely supportive of jobs in the forest industry and 5 being extremely supportive of environmental conservation, how would you rate your simulation group's values? 4- Moderate environmental values 2 - moderate pro development values 3 - neutral 1 - Strong pro development values

Institutional Design Core issue: allocation of decision making authority Organizations have biases – balance of preferences can change as location of authority changes September 18,

Institutional design - horizontal Strong environmental values 4- Moderate environmental values 2 - moderate pro development values 3 - neutral 1 - Strong pro development values MFLNROMoE

Institutional Design - vertical Strong environmental values 4- Moderate environmental values 2 - moderate pro development values 3 - neutral 1 - Strong pro development values Global Markets Canada BC Forest Dependent Communities

Government Actors -Objectives, Resources: Politicians resource: authority Objectives: reelection, policy objectives, power – reelection comes first -- fundamental constraint – effect: public opinion matters September 18,

resources – authority – expertise objectives – policy objectives – power (budgets, jurisdiction) – autonomy effect: powerful organizational inertia September 18, Government Actors -Objectives, Resources: Bureaucrats

Themes so far 1.Policies are produced through governance processes, influenced by environment and markets. 2.Governance addresses who decides, who participates, at what level of government, and with which instruments 3.Canadian forest policy is dominated by the provincial level of government 4.BC’s government is dominated by the executive, particularly the premier 5.Courts have played a limited role in forest policy, with the exception of Aboriginal issues, because of the discretionary nature of BC statutes 6.Institutional design matters because the balance of preferences may change as the location of authority changes 7.Politicians are primarily driven by electoral incentives, making public opinion a significant constraint on government action September 18,