1 In addition to sources cited below, many interviews were conducted with politicians, officials and members of interest groups involved in environmental policy development and implementation in Ontario and Alberta over the past 20 years as part of this study. Since many of the interviews were conducted with an explicit or implicit understanding of confidentiality, those interviewed will not be cited. See Mark Winfield, “The Ultimate Horizontal Issue: Environmental Policy and Politics in Ontario and Alberta 1971–1992” (unpublished Ph.D. Thesis, University of Toronto, 1992).

2 For a discussion of the concepts of “policing” and “planning” regulation see Schultz, Richard and Alexandroff, Alan, Economic Regulation and the Federal System (Toronto: University of Toronto Press, 1985), chap. 1.Google Scholar

3 The phrase “the ultimate horizontal issue,” was coined by an official of the Privy Council Office during the development of the federal Green Plan. See Howard, Ross, “Federal Environment Plan Bogs Down,” The Globe and Mail, February 2, 1990.Google Scholar

4 Stephen Lewis became NDP leader in the fall of 1970.

5 The COGP produced 10 interim reports between December 1970 and March 1973. Interim Report Number Three (1971)Google Scholar dealt specifically with government organization and environmental and resources development policy issues.

6 Established through the Ontario Water Resources Commission Act, 1956.

7 See the Environment Conservation Act, 1970.

8 The Government Reorganization Act of 1972 renamed the Ontario Water Resources Commission Act, 1956 the Ontario Water Resources Act.

9 The Department of the Environment Act, 1971, s. 8.Google Scholar

10 Coleman, William D. and Skogstad, Grace, Policy Communities and Public Policy in Canada: A Structural Approach (Toronto: Copp Clark Pitman, 1990), 27.Google Scholar

11 See, for example, Gibson, Robert B., Control Orders and Industrial Pollution in Ontario (Toronto: Canadian Environmental Law Research Foundation, 1983)Google Scholar. See also Franson, M. A. H., Franson, Robert T. and Lucas, Alistair R., Environmental Standards: A Comparative Study of Canadian Standards, Standard Setting and Enforcement (Edmonton: Environment Council of Alberta, 1982).Google Scholar

12 Ibid. See also Lack, Jerry C., “Alberta Environment's Approach to Industrial Air Pollution Control” (Edmonton: Alberta Department of the Environment, 1981).Google Scholar

13 For a general discussion of the concept of “accommodative” approaches to environmental law enforcement see, for example: Brickman, Ronald, Jasanoff, Sheila and Ilgen, Thomas, Controlling Chemicals: The Politics of Regulation in Europe and the United States (Ithaca: Cornell University Press, 1985)Google Scholar; Vogel, David, National Styles of Regulation: Environmental Policy in Great Britain and the United States (Ithaca: Cornell University Press, 1986)Google Scholar; Lundqvist, Lennart, The Hare and the Tortoise (Ann Arbor: University of Michigan Press, 1980)Google Scholar; and Williams, Richard, Government Regulation of the Occupational and General Environments in the United Kingdom, the United States and Sweden (Ottawa: Supply and Services Canada [Science Council of Canada Background Study], 1977).Google Scholar

14 Elder, Phil S., “Environmental Impact Assessment in Alberta,” Alberta Law Review 23 (1985), 293–94.Google Scholar

15 See Tingley, Donna, The Energy Licensing Process in Alberta (Edmonton: Environmental Law Centre, 1987).Google Scholar

16 See, for example, Green v. The Queen in Right of Ontario and Lake Ontario Cement Co. Ltd., [1973] 2 O.R., 396.Google Scholar

17 See, for example, A Seminar on the Green Paper on Environmental Impact Assessment: Proceedings (Toronto: Conservation Council of Ontario, 1973).Google Scholar

18 On the failure of the provincial secretaries portfolios, see Stewart, Edward E., Cabinet Government in Ontario: A View from the Inside (Halifax: Institute for Research on Public Policy, 1989), 18.Google Scholar

19 See Seminar on the Green Paper: Proceedings.

20 The standings in the legislature following the 1975 election were: Progressive Conservatives 51; NDP 38; and Liberals 36; in 1977: Progressive Conservatives 58; Liberals 34; and NDP 33.

21 See Ontario, Legislative Assembly, Standing Committee on Resources Development, Interim Report on Liquid Industrial Waste (Toronto: Legislative Assembly of Ontario, 1979)Google Scholar; and Ontario, Legislative Assembly, Standing Committee on Resources Development, Final Report on Acid Precipitation, Abatement of Emissions from the International Nickel Company Operations at Sudbury, Pollution Control in the Pulp and Paper Industry and Pollution Abatement at the Reed Paper Mill in Dryden (Toronto: Legislative Assembly of Ontario, 1979).Google Scholar

22 Parrott was minister of the environment from August 1978 until April 1981.

23 Gibson, , Control Orders and Industrial Pollution, 84.Google Scholar

24 An Act to Amend the Environmental Protection Act, 1979. Now the Environmental Protection Act, Part IX.

25 See Ontario Regulation 293/80.

26 Nine individuals held the environment portfolio during the Davis period. Their average tenure as environment minister was 17 months. The average tenure with a particular portfolio of a “typical” minister in the Davis government between 1971 and 1985 was 23 months. See White, Graham, “Big Is Different from Little: On Taking Size Seriously in the Analysis of Canadian Governmental Institutions,” Canadian Public Administration 33 (1990), 358CrossRefGoogle Scholar. There was a similar pattern of high turnover among deputy ministers of the environment, with six individuals holding the post between 1975 and 1985.

27 The Ministry of Intergovernmental Affairs was separated from the Ministry of Treasury, Economics and Intergovernmental Affairs in 1979. A separate Ministry of Municipal Affairs and Housing was established in July 1981.

28 Ontario, Cabinet Office, Guidelines for Preparing Cabinet Submissions (Toronto: Cabinet Office, 1979).Google Scholar

29 The standings in the Legislature following the 1981 election: Progressive Conservatives 78; Liberals 34; and NDP 21.

30 Ontario Ministry of the Environment, Blueprint for Waste Management in Ontario (Toronto: Ontario Ministry of the Environment, 1983).Google Scholar

31 See Conservation Council of Ontario, “A Brief to the Premier of Ontario on Exemptions from the Environmental Assessment Act” (Toronto: Conservation Council of Ontario, May 1981).Google Scholar

32 See generally Gibson, Robert B. and Savan, Beth, Environmental Assessment in Ontario (Toronto: Canadian Environmental Law Research Foundation, 1986).Google Scholar

33 The standings in the Legislature following the 1985 election were: Progressive Conservatives 52; Liberals 48; and NDP 25.

34 Ontario Ministry of the Environment, Municipal-Industrial Strategy for Abatement: A Policy and Program Statement of the Government of Ontario on Controlling Municipal and Industrial Discharges to Surface Waters (Toronto: Ontario Ministry of the Environment, 1986).Google Scholar

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38 This was particularly evident in the establishment of an Investigation and Enforcement Branch within the Ministry and in the enactment of the Environmental Statute Law Enforcement Amendment Act, 1986.

39 The 1987 election results: Liberals 95; NDP 19; Progressive Conservatives 16.

40 Appointed August 1989.

41 Defined as Metropolitan Toronto and the Regional Municipalities of Haiton, Peel, York and Durham.

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43 The most prominent of these was the announcement of the creation of a large provincial park in Toronto's Rouge River Valley in March 1990.

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46 Ontario Ministry of Natural Resources, Timber Management Class Environmental Assessment (Toronto: Ontario Ministry of Natural Resources, 1987).Google Scholar

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48 The standings in the Alberta Legislature following the 1975 election were: Progressive Conservatives 69; Social Credit 4; NDP 1; other 1. The 1979 and 1982 elections produced similar results. In 1979: Progressive Conservatives 74; Social Credit 4; NDP 1. In 1982: Progressive Conservatives 75; NDP 2; other 2.

49 Duncan, Linda, “Eulogy for STOP: A Decade of Environmental Activism,” Alternatives 11 (1982), 17–20Google Scholar. The Alberta Wilderness Association and Federation of Alberta Naturalists, both founded in 1971, continued to operate as part-time organizations with no permanent staff.

50 For a description of the demise of the Conservation Authority see Hunt, Constance, “Environmental Protection and the Public,” Alternatives 8 (1978), 37–39.Google Scholar

51 The Centre is supported by the Law Foundation of Alberta.

52 See Environmental Law Centre, The Enforcement of Environmental Law In Alberta (Edmonton: Environmental Law Centre, 1983).Google Scholar

53 The standings in the Legislature following the 1986 election were: Progressive Conservatives 61; NDP 16; Liberals 4; in 1989: Progressive Conservatives 59; NDP 16; Liberals 8.

54 The dam had originally been proposed in 1979, but had been dropped by the government following a strongly negative environmental review by the Environment Council of Alberta. See Environment Council of Alberta, The Management of Water Resources in the Oldman River Basin: Report and Recommendations (Edmonton: Environment Council of Alberta, 1979).Google Scholar

55 See Alberta Department of Economic Development and Trade, White Paper on Proposals for an Industrial and Science Strategy for Albertans, 1985–1990 (Edmonton: Alberta Department of Economic Development and Trade, 1986).Google Scholar

56 See Nikiforuk, Andrew and Stuzic, Ed, “The Great Forest Sell-Off,” Report on Business Magazine, November 1989Google Scholar, for a detailed discussion of this programme.

57 Ken Kowalski was minister of the environment from June 1986 until September 1988.

58 See, for example “Environmentalists Labelled ‘Anarchists’ by Kowalski,” The Calgary Herald, September 11, 1987.Google Scholar

59 See Alberta-Pacific Environmental Impact Assessment Review Board, The Proposed Alberta-Pacific Pulp Mill: Report of the EIA Review Board (Edmonton: Alberta Department of the Environment, 1990).Google Scholar

60 Friends of the Oldman River Society v. Minister of Transport and Minister of Fisheries and Oceans and Her Majesty in Right of Alberta (Federal Court of Canada, Appeal Division, [A-395-89], March 13, 1990).Google Scholar

61 Canadian Wildlife Federation v. Minister of the Environment (Federal Court of Canada, Appeal Division, [A-228-89], June 22, 1989).Google Scholar

62 See the Natural Resources Conservation Board Act, 1990.

63 On this matter see the comments of the Hon. R. Orman, minister of energy, Alberta Legislative Assembly, Debates, December 5, 1990Google Scholar, on second reading of the bill.

64 For a detailed discussion of this question see Heidenreich, Barbara and Winfield, Mark, “Sustainable Development, Public Policy and the Law,” in Swaigen, John, ed., Environment on Trial: A Guide to Ontario Environmental Law and Policy (3rd ed.; Toronto: Canadian Institute for Environmental Law and Policy and Emond-Montgomery Publishers, 1993), xxv–xli.Google Scholar

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66 Ontario Regulation 926/76.

67 Nemetz, Peter N., “The Fisheries Act and Federal-Provincial Environmental Regulation: Duplication or Complementarity,” Canadian Public Administration 29 (1986), 401–24.CrossRefGoogle Scholar

68 Environmental issues reached the top of polls of public concerns in January 1987. See “Environment Tops Free Trade in Poll of Canadian Concerns,” The Globe and Mail, January 12, 1987.Google Scholar

69 The Queen v. Crown Zellerbach Canada Ltd., [1988] 1 S.C.R. 401.Google Scholar

70 Canadian Wildlife Federation v. Minister of the Environment.

71 Six other provinces (Quebec, British Columbia, Manitoba, New Brunswick, Saskatchewan and Newfoundland) were intervenors in support of Alberta's position before the Supreme Court of Canada.

72 Friends of the Oldman River Society v. Canada and the Queen in Right of Alberta, Supreme Court of Canada, January 23, 1992, 1–88 D.L.R. (4th) 1992.Google Scholar

73 See Alberta Environment Conservation Authority, The Impact of Surface Mining in Alberta: Proceedings, Report and Recommendations (Edmonton: Environment Conservation Authority, 1972)Google Scholar; and Ontario Ministry of the Environment, Green Paper on Environmental Assessment (Toronto: Ontario Ministry of the Environment, 1973).Google Scholar

74 See, for example, Franson, et al. , Environmental Standards.Google Scholar

75 See generally, Muldoon, Paul, “An Environmental Bill of Rights,” in Swaigen, ed., Environment on Trial, 793–819.Google Scholar

76 World Commission on Environment and Development, Our Common Future (New York: Oxford University Press, 1986), 9–10.Google Scholar

77 See, for example, the National Task Force on the Environment and Economy, Report of the National Task Force on the Environment and Economy (Toronto: Canadian Council of Resource and Environment Ministers, 1987).Google Scholar

78 World Commission, Our Common Future, 8.Google Scholar