1 C OMPLIANCE M ANAGEMENT F RAMEWORK T HE M INISTRY OF E NVIRONMENT’S A PPROACH TO E NSURING C OMPLIANCE

2 Presentation Overview  British Columbia Context  Compliance Management Framework & Lessons Learned  Initiatives to Improvement Compliance Management

3 British Columbia Goal to lead the world in sustainable environmental management, with the best air and water quality, and the best fisheries management, bar none.

4 British Columbia Environmental Challenges  Species at Risk  Mountain Pine Beetle  Parks and Protected Areas  Product Stewardship

5

6 Key Factors Influencing our Business  Shifts in Environmental Governance  Drive for Regulatory Effectiveness  New Relationship with BC’s First Nations  Competitive Labour Market  Keeping Pace with the Economy  Encouragement of Outdoor Recreation  2010 Olympic and Paralympic Games

7 Deputy Minister Strategic Policy Strategic Policy Environmental Stewardship Environmental Stewardship Environmental Protection Environmental Protection Compliance Oceans and Marine Fisheries Oceans and Marine Fisheries Water Stewardship Water Stewardship

8 Compliance Management Framework  Describes the strategic context in which the Ministry conducts its compliance activities, including the principles, goals and objectives that guide compliance-related work;  Outlines the Ministry’s approach to ensuring the effective delivery, management and reporting of compliance activities; and  Highlights the respective roles and responsibilities of Ministry staff.

9 Setting Requirements Promoting Compliance Verifying Compliance Enforcing Requirements Compliance Principles Managing our Performance Communicating Our Results How to respond to non-compliance? Continuous Improvement and Accountability

10 Objective  To establish regulatory requirements that are clear, practical and enforceable. Setting Requirements

11 Objective  To achieve high rates of voluntary compliance. Compliance Promotion

12 Objective  To ensure the Ministry has the information necessary to determine compliance, compliance rates and to inform program management. Compliance Verification

13 Objective  To enforce regulatory requirements using a consistent, clear and predictable approach. Enforcement

14 [Regulatory agencies]… have tended to organize their activities around failures rather than around opportunities for intervention [prevention]. Malcolm Sparrow Imposing Duties …moving forward….

15 Consisted of a two-pronged approach: 1.Benchmark Survey Take stock of how well the division is ensuring compliance 2.Problem Identification Project Inventory and analyze current and emerging compliance issues Assessment of the Environmental Stewardship Division

16 Purpose 1.To take stock of the division’s progress in ensuring compliance (a scorecard that aligns with the Compliance Management Framework) 2.To obtain staff views on what is working well and what improvements could be made Benchmark Survey

17 Compliance Model –Setting Regulatory Requirements –Promoting Compliance –Verifying Compliance –Enforcing Requirements Continuous Improvement & Accountability –Managing our Performance –Communication our Results (Internally and Externally) Anything else you want to tell us? Survey Format

18 Progress –Successes are being achieved! Resources Pressures –Particularly in verification and enforcement Focussed Efforts –Be specific in what we tackle and be rigorous in setting priorities Key Survey Themes

19 3 step process ­ Initial scan of regional staff to identify problems ­ Focused follow-up discussions (regions and HQ) ­ Problem-focused analysis on each issue General observations ­ Staff are generally positive, very committed, and want to spend their time on the right things ­ Balance between regulatory and non-regulatory responsibilities Problem Identification Project

20 1.Develop multi-year compliance plans 2.Develop problem-focussed compliance strategies 3.Focus on high priority “provincial” problems Parks - Boundary Trespass Ecosystems - Lakefront Development Fish and Wildlife - Invasive alien fish Key Actions Resulting from the Survey and Problem Identification

21 Key Lessons Learned…on problem identification  Lack of information on compliance patterns and trends makes problem identification challenging  Identifying problems with “business practices” is as important as identifying compliance problems

23 Key Lessons Learned…on risk and data analysis  Acquiring the data necessary to analyze trends and patterns is often difficult to find “Risk control, it turns out, is a data-intensive, analytically demanding, and very messy business.” Malcolm Sparrow The Regulatory Craft

24 Key Lessons Learned…on learning to affect behavioural changes  Outreach is a key tool “…information campaigns that emphasize enhancing knowledge or altering attitudes frequently have little or no effect upon behaviour”. McKenzie-Mohr, Fostering Sustainable Behaviour

25 Initiatives to Improve Compliance Management Staff Training and Tools  Western Canada Training Academy  Expert Witnesses Training  Case Law Index

26 Initiatives to Improve Compliance Management Alternative Approaches  Commercial Environmental Investigation Unit  Restorative Justice under the Wildlife Act

27 Initiatives to Improve Compliance Management Expanding the Compliance “Toolkit”  Administrative Monetary Penalties  Expansion of Ticket Issuing Authority  Mitigation and Compensation Legislation

28 Initiatives to Improve Compliance Management Continuous Improvement  Case Review Committee  Evaluation of Compliance and Enforcement Policy

29 Initiatives to Improve Compliance Management Community of Practice  Sparrow Conference  Western Canadian Compliance and Enforcement Information Sharing Forums  Compliance Discussion Series

30 Gwenda Laughland Director Compliance Policy and Planning Branch Compliance Division Thank you