What are the different kinds of response instruments?

Response Instruments can take many different forms. These include:

• Regulations
• Pollution Prevention (P2) Plans
• Memorandum of Understanding (MOUs)
• Sectoral Emission Management Codes or Guidelines
• Environmental Quality Objectives or Guidelines

What is the legislative basis for response instruments?

Some response instruments have a basis in legislation, others do not. Regulations under the Canadian Environmental Protection Act, 1999 are legally binding instruments with penalties for non-compliance. On the other hand, ambient air quality objectives and sectoral guidelines made under that Act are intended to provide guidance for designing air management programs and are not legally binding. They may be adopted by provinces and territories who can make them legally binding through adoption in provincial or territorial legislation or through inclusion as provisions in industry operating permits.

How are response instruments and regulations developed?

Response instruments and regulations are usually developed through multi-stakeholder consultation. A lead branch of government and person is often identified to coordinate the development of an instrument and regulation. A development and consultation process and a budget are established for developing the instrument.

The development process for an emission reduction instrument may involve considerable additional scientific, technical and cost analysis for different optional emission reduction levels. A number of consultation drafts are often required before a jurisdiction decides on the level of control to be specified in the instrument. Each instrument is eventually approved and published by the jurisdiction. Some instruments, such as most federal regulations, require Cabinet approval by the government in question before they are published in the Canada Gazette (e.g. Sulphur in Gasoline Regulations, a regulation made under the Canadian Environmental Protection Act, 1999).

What's in response instruments and regulations?

Response instruments and regulations typically contain specification of levels of performance to be achieved and descriptions of actions to be taken within specified timeframes. Most emission reduction instruments tend to be brief and succinct, focusing on performance levels, timeframes and essential definitions. This is generally the case whether they are regulations, guidelines or MOUs.

Separate documents are often prepared to accompany such instruments providing additional description and rationale for the requirements contained in the instrument. Some, such as P2 Plans, may be more robust in nature, containing sectoral or facility descriptions and rationale for the actions that are to be undertaken.

How are response instruments and regulations implemented?

The way a response instrument and regulation is implemented after it has been finalized and published depends on the nature of the instrument. If it's a regulation it is a legally binding commitment on an emitting source or sector with an enforcement process and penalties for non-compliance. If it is a code or guideline, implementation may usuallybe by the voluntary adoption of the instrument by other jurisdictions or by the industry itself (e.g. CCME codes and guidelines).

If it is an MOU between government and an industry sector, implementation may be through regular reporting by the sector on progress in implementing the actions it has committed to. The jurisdiction holds a regulatory backstop if the sector does not comply.

How is implementation of response instruments and regulations monitored and reported on?

Requirements for reporting are specified in most emission reduction response instruments. What's in a progress report, how often it's published and who sees it are specified in the instrument. Reporting on legally binding instruments such as regulations will typically focus on whether there are any violations of the regulation. Reporting specifications in sectoral codes and guidelines intended for other jurisdictions (e.g. provinces and territories) provide guidance to the implementing jurisdiction but may be modified when the instrument is applied.

Some instruments, such as national ambient air quality objectives and guidelines under the Canadian Environmental Protection Act, 1999, where responsibility for achieving the objectives is shared among jurisdictions, may not contain any reporting provisions. Reporting on ambient air quality levels and trends may be accomplished through separate agreements between jurisdictions sharing responsibility. But if an air quality objective has been converted into a permit provision for a particular emitting source, reporting on achievement of the objective may be a legal requirement from the source.