Legislation, Standards and Best Practices – Why is there Still Confusion?

Mike Sullivan - President - Utility Safety Partners

I recently had someone reach out to me with a concern that a municipality wasn’t adhering to a Best Practice identified in the Canadian Common Ground Alliance’s Best Practices guide. While I certainly believe in promoting Best Practices to reduce risks, they are only a suggested work method.

The terms legislation, standards, and best practices are often used in regulatory and professional contexts, but they have distinct meanings:

Legislation (Laws and Regulations):

• Definition: Legislation consists of laws enacted by governments (federal, provincial, or municipal) that impose mandatory legal requirements.
• Enforceability: Compliance is legally required, and failure to follow the law can result in penalties, fines, or legal action.
• Examples:
  • Canada Occupational Health and Safety Regulations (require safe working conditions).
  • Pipeline Safety Act (regulates pipeline excavation and maintenance).

Standards:

• Definition: Standards are formal guidelines developed by recognized organizations to ensure consistency, safety, and efficiency in industries. They can be voluntary or mandatory if referenced / incorporated into legislation.
• Enforceability: Not legally required unless incorporated into laws, but widely followed in industries for credibility and quality assurance.
• Examples:
  • CSA Z247-15 (Standard for damage prevention when working near buried utilities).
  • CSA Z662-23 (Standard for oil and gas pipeline systems).
  • ISO 9001 (Quality management system standard).

 Best Practices:

• Definition: Best practices are recommended techniques, methods, or procedures that have been proven effective over time. They are based on industry experience and innovation.
• Enforceability: Not legally required but highly encouraged for efficiency, safety, and competitive advantage.
• Examples:
  • Using hand tools near marked underground utilities to avoid damage.
  • Conducting daily safety briefings before starting excavation work.

Summary of Differences

Category	Legally Required	Who Sets It	Purpose
Legislation	Yes	Government	Enforce safety, fairness, and order
Standards	Sometimes	Industry Bodies (CSA, ISO)	Ensure consistency, safety, and efficiency
Best Practices	No	Industry Leaders, Experts	Improve performance and reduce risk

I hope this helps – especially the handy table above.