(Not so) “Smart regulation”? Canadian shellfish aquaculture policy and the evolution of instrument choice for industrial development

After almost a century of benign neglect, Canadian aquaculture policy emerged in its modern form after 1984, when the federal government led a complex intergovernmental process of policy renewal. After an initial period in which the foundations for the new policy were laid through intergovernmental agreements, both the federal and provincial governments adopted numerous policies aimed at the promotion of the aquaculture industry. This paper assesses these developments and trends in Canadian aquaculture policy against the requirements for “smart regulation” set out by Neil Gunningham. It finds the Canadian efforts to be wanting, focussing too much on substantive policy tools designed for aquaculture industry development and not enough on the procedural tools required for policy legitimation. As a result, the industry, and Canadian government policy, now face severe potential legitimation problems.