Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Canada and United States Announce Creation of Regulatory Cooperation Council

On February 4, 2011, Prime Minister Harper and President Obama announced the creation of the Regulatory Cooperation Council. For more information, please go to the following link - http://www.pm.gc.ca/eng/media.asp?id=3934

The press release states in part:

"This Council commits both countries to finding ways to reduce and prevent regulatory barriers to cross-border trade, because simplifying rules and reducing red tape lead to lower costs for business and consumers, and ultimately to more jobs.

The two leaders believe that the citizens of both countries deserve smarter, more effective approaches to regulation that enhance economic competitiveness, while maintaining high standards of public heath and safety, and protecting the environment."

The willingness of reducing regulatory divergence is a desirable. If top-down leadership is continued and fulfilled, the results should be positive for cross-border businesses. Canadian businesses may be able to increase exports to the United States and Canadians may receive less expensive goods if unnecessary regulatory costs are reduced or eliminated. If the leaders and the Council remembers that the focus of the exercise is cooperate in improving regulatory convergence, there is hope.

There is talk about the loss of Canadian sovereignty because it is expected that Canadians may hear that it is the U.S. way or the highway (that is, no deal). Canadians see the partisan behaviour in the United States Congress and Senate. Canadians see political maneuvering by various U.S. politicians as we near the 2012 U.S. elections (I call it as I see it). Again, success will only occur if there is compromise so that all benefit from regulatory convergence.

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