Guidelines and Interpretation Notes

Pursuant to section 151 of the Implementation Act¹

  • “151.1 (1) The Board may issue and publish, in such manner as the Board deems appropriate, guidelines and interpretation notes with respect to the application and administration of sections 45, 138 and 139 or any regulations made under section 149.

Deemed not to be statutory instruments

  • (2) Guidelines and interpretation notes issued pursuant to subsection (1) shall be deemed not to be statutory instruments for the purposes of the Statutory Instruments Act.”

Guidelines and Interpretation Notes are developed to provide assistance and guidance to interested parties in understanding the requirements of the regulations and how those requirements can be met. In certain cases, the goals, objectives and requirements of the regulations are such that no guidance is necessary. In other instances, guidance will identify a way towards achieving regulatory compliance. However, in all instances, the onus is on the Operator to demonstrate that the approach meets regulatory requirements.

Guidelines or Interpretation Notes sometimes reflect lessons learned through audits and assessments, advancements in technology and improvements to best practice. Guidelines are normally more encompassing of an entire regulation while Interpretation Notes are often issued in response to a specific matter or a particular topic where and when the Board deems there is a need or that a gap may exist in published guidelines. Where appropriate, Interpretation Notes may be subsumed into published guidelines when they are next updated or amended.

¹ Act referenced for simplicity

Interpretation Notes