NCJ Number
140429
Journal
Justice Research Notes Issue: 4 Dated: (April 1992) Pages: 14-17
Date Published
1992
Length
4 pages
Annotation
Individuals and corporations in Canada concerned about regulation in fields ranging from occupational health and safety to environmental pollution will be interested in suggested new improvements to regulatory techniques founded on a positive compliance rather than an adversarial approach.
Abstract
The positive compliance approach is based on the view that the purpose of laws is to prevent or redress harm caused by noncompliance with regulations and to create incentives that encourage those being regulated to act responsibly. Enforcement is continuous, and prosecution is employed only as a last resort. Positive compliance programs in the United Kingdom, the United States, and Australia are reviewed. Factors that must be considered in order to increase the effectiveness of regulatory measures are identified. The paper concludes with a series of recommendations for consideration by Canadian regulators to improve Canada's regulatory system.