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

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

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

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?

Governance: Public/Private Coordination Public Capacity Private CapacityHighLow High Regulated Self- Regulation Private Self- Regulation Low Interventionist Regulation Interfering Regulation

Governance: Public/Private Coordination Regulated Self- Regulation Private Self- Regulation Interventionist Regulation Interfering Regulation Private Self- Regulation Regulated Self- Regulation Interfering Regulation Interventionist Regulation

NFPs Reflect This Dynamic NFP Policy Process NFP OutcomeFormalInformal Substantive Classical NFP Equivalent to NFP Symbolic Failed NFP Rhetorical NFP

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

European NFPs NFP Policy Process Private CapacityFormalInformal Substantive Classical NFP Czech Republic (after 2000), Finland, Denmark, Belgium (Flanders), Germany, Spain Equivalent to NFP Lithuania, Netherlands, Portugal (PDSFP), Sweden, United Kingdom Symbolic Failed NFP Rhetorical NFP Italy (1988)

European NFPs Classical NFP Czech Republic (after 2000), Finland, Denmark, Belgium (Flanders), Germany, Spain Equivalent to NFP Lithuania, Netherlands, Portugal (PDSFP), Sweden, United Kingdom Failed NFP Rhetorical NFP Italy (1988)

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

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

The Evolution of the National Forest Sector Strategy (final draft) Wood SupplyForest Management Forest Ecosystems Ecosystem-based Management Forest Management Markets & Market Opportunities Trade & Investment Forest Industry Forest Products Benefits Global ForestsGlobal View Human ResourcesEmploymentForest Communities Sustainable Forest Communities Research & Development Forest Science Knowledge & Innovation Public AwarenessPublic Participation The Urban Forest & Public Engagement Aboriginal Peoples Rights & Participation of Aboriginal Peoples Private Woodlots Reporting & Accountability

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

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

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?