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.