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Pace University

Elisabeth Haub School of Law Faculty Publications

Law and Society

Canada

1993

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Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen Jan 1993

Procedural Fairness And Incentive Programs: Reflections On The Environmental Choice Program, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

This paper explores the application of procedural fairness to the federal government’s Environmental Choice Program’s decision-making processes. While Canadian courts have traditionally required public bureaucrats to act “fairly” when implementing command models of regulation, they have only recently been confronted with demands that regulators implementing economic incentive programs also act in accordance with procedural fairness norms.