Patterns of air pollution enforcement in Canada: Environmental priorities versus enforcement outcomes

Abstract

Ambient air pollution is one of the leading health and environmental concerns worldwide, including in Canada. To reduce air pollution impacts, governments create and enforce various laws and regulations. Few studies have examined the particulars of enforcement and fewer still in Canada. To this end, we ask: How does enforcement vary across jurisdictions, time, or other factors? What types of violations or offenders appear to be prioritized for enforcement action in Canada? We created a dataset of air pollution enforcement actions between 2000 and 2020, using data from 8 provinces and the federal government. Through this process, we identified gaps in data sharing and transparency for air-pollution-related enforcement in Canada related to ease-of-access and standardization. Based on these available data, which has acknowledged limitations, we find that regulators appear to employ a cooperative and nonresponsive approach to enforcement, as demonstrated by low fines, a lack of escalating enforcement actions for repeat offenders, frequent use of low-level penalties, and infrequent prosecutions leading to few court convictions. Environmental priorities and enforcement outcomes appear to be misaligned, with few and low penalties for large emitters and repeat offenders. We offer recommendations to better align enforcement strategies with stated environmental policy goals, including focusing enforcement on high-risk offenses, improving data sharing, and strengthening federal environmental laws and agencies.