Government ministries and their representatives have the flexibility to determine priorities, thresholds, time horizons, and special exemptions. Environmental regulators have run into difficulties in the court of law when prosecuting extreme cases. When regulation includes policing, negotiation, and agreement making, enforcement becomes inconsistent across cases and is challenged on grounds of due process and equality before the law. Recent environmental protection legislation, such as the Canadian Environmental Protection Act, has attempted to account for these problems by more properly balancing the needed policing and negotiating functions. Clearer procedures for enforcement and compliance have been made to meet fairness and equality requirements and to integrate citizen participation in the development and enforcement of regulations to restore legitimacy.
Grants are in the form of modernization agreements.
Tax subsidies are mainly as preferred capital cost deductions. Technology transfers come from special programs, such as the early Cooperative Pollution Abatement Research Program. Loans are often used on major capital or infrastructure investment projects. DOE received its mandate from the Government Organization Act of 1970, and was officially launched in June 1971. Federal statutory initiatives also transpired in the early 1970s.