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Reducing Regulations Canadian Style

conarb

Registered User
Joined
Oct 22, 2009
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3,505
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California East Bay Area
T Murray, if I'm not mistaken you are located in British Columbia? First our current administration was elected, in part, because of a pledge to reduce regulations, I read this editorial today using British Columbia as an example of an area that has successfully reduced regulations by 50%, your comments would be appreciated. As I've said in the past your accessibility regulations appear much more logical than ours, what other building regulations have you successfully reduced?

Accessibility regulation is only one piece in our drastically over-regulated economy, in the paper today was an article about British Columbia reducing it's regulations by 50% while simultaneously increasing it's GDP by 100%.

East Bay Times said:
With “historic reforms to both taxes and regulation,” Mnuchin believes GDP growth of 3 percent or more is attainable.

The details of this historic agenda are not yet clear, but critical to any reform should be cleaning out the regulatory cobwebs that have been accumulating for seven decades.

A look to our neighbor in the north provides a glimpse of the power of some simple spring cleaning. Since 2001, the Canadian province of British Columbia has cut its regulatory requirements by nearly 50 percent. In terms of real GDP per capita growth, the province went from the worst performing major economy in Canada in the 1980s and ’90s to the best in the years since reform was enacted.
Alongside this turnaround, British Columbia has maintained a position as one of the healthiest places in Canada.

Contrast this with the United States, where the pendulum of regulatory accumulation swings in just one direction, and economic growth is bitterly disappointing.

A core reason for our troubles may be the near relentless rise of federal regulation.

Regardless of which political party controls the White House or Congress, the level of federal regulation has been growing for years.

In 1950, the U.S. Code of Federal Regulations (CFR) was under 10,000 pages. By 1975, it had grown to more than 70,000 pages. By 1990 — after the “Reagan Revolution” supposedly rolled back big government — it stood at more than 125,000 pages. Today the CFR is nearly 180,000 pages long and includes more than 1 million restrictions.

At some point, the accumulation of rules is not just costly — it’s absurd. Regulators become like hoarders who refuse to throw away any possessions. They add thousands of new rules to the pile each year, but rarely, if ever, do they seriously clean up what’s accumulated.

British Columbia achieved its regulatory reductions in part by capping the amount of regulation that could be in place at any given time. The Trump administration is now moving in this direction, with a requirement that at least two rules be identified for repeal for each new one proposed.

A cap on regulations works like a cap on possessions. With every new rule, we reassess the old ones: Which are vital? Which have outlived their usefulness or become passe? Which ones can be modernized with a little tailoring?

The regulatory closet will always need some essential items to protect citizens and maintain a fair marketplace. But at some point, as we add more and more rules without ever cleaning out the old ones, even necessary rules just add to the mess and create confusion, becoming less effective than they should be.¹



¹ http://www.eastbaytimes.com/2017/05/28/opinion-cleaning-out-regulatory-cobwebs-needed-for-growth/
 
Actually I'm from New Brunswick.

You can't just reduce regulations and expect no impact on the residents, environment or local business. The key is reducing unnecessary regulation. Every single person will have a different idea of what is necessary and what is not, you and I are both completely reasonable people and could argue until the end of time on the issue. However, most people would agree that an necessary regulation is any that if it were removed, would have no impact on the end result of whatever you are regulating. This can be because the market is demanding at least what the regulation requires, duplication of effort from the government, or simply good stewardship from the private sector (very rare, but does happen). The most important step in the process is ensuring you have input from all your stakeholders. This helps ensure that no one interest holder is able to skew the process in their favour.

We've done this recently with our municipal plan. We threw out anything that didn't make any sense any more and made the entire document easier to read. Our Zoning Bylaw, Building Bylaw, Subdivision Bylaw and Specification among others were all done at the same time. It took us working on it when we had some time, just over a year to complete.

BC has some of the strictest environmental regulations in Canada, but still has a relatively balanced approach to development. It's nice to see people looking to other jurisdictions for best practices.
 
T Murray:

Do you know what BC did to reduce regulations by 50%? My approach would be to get rid of the political codes and just enforce health and safety codes. For instance, there is no reason to have state codes mimic federal codes.
 
BC has their own building code, so they do not adopt a national one. It is all contained in their code. The city of Vancouver has their own code, they do not adopt the BC code. In this respect there is no duplication of any national requirements. For environmental requirements, in most jurisdictions the province makes the requirements and the municipalities just ensure that they are being met, but some cities do have stricter requirements and the province usually does not need to get involved in these areas unless a contractor has violated a regulation.

In a lot of cases, it's a matter of governments employing people who have worked a couple of years in a small business environment. These people usually understand how hard it is to comply with different requirements from different levels of government and how hard it can be to figure out the requirements sometimes. These people are motivated to fix the problems.

The ultimate goal is getting the best result for the least amount of money. Too often people get bogged down in the details when they don't matter at the end of the day. This violates the bond of trust between the general public and the government and I'm not sure how much more stress this can take in a lot of places.
 
Wait a minute.....You just called Conarb completely reasonable?:eek:

Whilst I do agree with ratcheting down regulation, that would mean we would have to ratchet up responsibility, which won't happen...
 
Wait a minute.....You just called Conarb completely reasonable?:eek:

Whilst I do agree with ratcheting down regulation, that would mean we would have to ratchet up responsibility, which won't happen...
The people voted to reduce regulations, how do we do that? It would seem that you guys should be leading the charge to advise as to which regulations to remove/alter to make them more reasonable. Again, I think a good start is just to eliminate the political regulations, they have no business being in the building codes anyway.
 
Wait a minute.....You just called Conarb completely reasonable?:eek:

Whilst I do agree with ratcheting down regulation, that would mean we would have to ratchet up responsibility, which won't happen...
He is a intelligent person and while we certainly don't agree on many issues, I would never equate that to being unreasonable.

The problem is, in a lot of cases, the responsibility is already there. You don't get power without the responsibility to go along with it. In Canada, the government does not possess immunity from prosecution. If I note construction is deficient, issue orders and finally recommend to council to go to court, council can be sued for tort if they don't go to court to enforce our bylaw and someone suffers from damages. Provincial and federal governments can too.

By giving the government immunity, you've given them power, but no responsibility. I do my job. I don't need immunity from anything. Remove the immunity, good civil servants will rise to the occasion and become leaders in their communities. They will kill regulations voluntarily because they don't have the time or money to enforce things that don't matter and don't want to get sued for it.
 
By giving the government immunity, you've given them power, but no responsibility. I do my job. I don't need immunity from anything. Remove the immunity, good civil servants will rise to the occasion and become leaders in their communities. They will kill regulations voluntarily because they don't have the time ir money to enforce things that don't matter and don't want to get sued for it.

Our courts are chipping away at sovereign immunity, wise CBOs back off if they see liability, the power they possess comes from the fact that construction is a time-sensitive activity, owners and contractors want to get moving and cave in to even outrageous demands.
 
Our courts are chipping away at sovereign immunity, wise CBOs back off if they see liability, the power they possess comes from the fact that construction is a time-sensitive activity, owners and contractors want to get moving and cave in to even outrageous demands.

And we still see that here. After construction the municipalities get sued because they forced them to do something unnecessary. Courts accept that construction is time sensitive and you can't wait months or years to get an order from a CBO overturned.

Best recommendation for CBOs wishing to avoid litigation is to state that this is the way I see it unless you can provide any evidence to see it your way. This way you can be certain that you have all the evidence they have and are placing the onus on them to provide more to fully support their interpretation. The downside is that this only works if you are avoiding confirmation bias; only looking for evidence to support your decision and subconsciously dismissing evidence contrary to your position. You must be fully open to both sides of the issue, a problem I see with most officials.
 
And we still see that here. After construction the municipalities get sued because they forced them to do something unnecessary. Courts accept that construction is time sensitive and you can't wait months or years to get an order from a CBO overturned.

Best recommendation for CBOs wishing to avoid litigation is to state that this is the way I see it unless you can provide any evidence to see it your way. This way you can be certain that you have all the evidence they have and are placing the onus on them to provide more to fully support their interpretation. The downside is that this only works if you are avoiding confirmation bias; only looking for evidence to support your decision and subconsciously dismissing evidence contrary to your position. You must be fully open to both sides of the issue, a problem I see with most officials.
The problem we and all fora have is the debate format, we all take positions and only search for confirmation bias, all law schools and some undergraduate formats use the Socratic method, the professor assigns several cases and randomly selects students to explain the cases, the most generally accepted is called IRAC:
  1. Issues: Explain all the facts and presented issues from all sides.
  2. Reasoning: Explain the reasoning of all sides.
  3. Analysis: Analyze the reasoning of all sides to the best of your ability.
  4. Conclusion: Here you can take a side and argue the case as you see it, but it's preferable to argue the case from both sides, for example: In conclusion the left is correct becasue of x, y, and z, but on the other hand the right might be right becasue of a, b, and c.
Can you imagine something like the fire sprinkler debate if IRAC was used by both sides, or accessibility today?
 
Before we worry about reducing the adopted regulations why not limit enforcement to what is in the code. In other words if the building official cannot show where in the code something is required, it is not required.
 
Before we worry about reducing the adopted regulations why not limit enforcement to what is in the code. In other words if the building official cannot show where in the code something is required, it is not required.

...wow, you can make people install whatever you want? I go one better. If I can't explain why they have to do it, they don't. If you can't explain the code requirement, you don't understand the what or why the code requires shouldn't be enforcing it. If I explain to a contractor why they should do something, they will do it in all similar scenarios simply because it's a good idea. You write it up on a deficiency list and refuse to discuss it, you are guaranteed to keep writing it over and over again because they don't understand why they have to do it except "the building inspector told me to".
 
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