Follow principles of plain language.
There are four elements of a requirement: regulator, target, command, and consequence (see Regulation’s Four Core Components).
The regulator is the entity that creates the rules and dispenses the consequences. That’s us.
The target is the party responsible. The term “duty holder” is defined in the directive template as a general umbrella term, but prefer more specific terms where appropriate (e.g., licensee or operator).
Wrong: A cost analysis must be performed.
Right: Duty holders must perform a cost analysis.
Even better: The applicant must include a cost analysis that demonstrates…
The responsible party does not need to be repeated when it is clear in context.
The duty holder must perform a site survey before beginning operations.
The site survey must include the following components:…[This follow-on requirement is acceptable.]
The command is what is typically thought of as the requirement and is indicated by words like “must” and “expects.” (“Shall” is not used in most AER documents.) Guidance uses words like “may,” “recommends,” and “for example.”
The consequence is what happens when the command is not followed. Requirements should be enforceable, meaning there should be a consequence for noncompliance. If there is no consequence, consider making it a guidance statement instead.
When drafting requirements, prefer outcome statements to prescriptions. Outcome statements say what result we wish to see, not how to achieve it. This almost always results in fewer requirements. (For more information on outcomes based regulation, see Natural Resources Canada’s literature review on the topic.)
Prescriptive: Duty holders must do the following five things at transfer points… [Five requirements]
Outcome based: Duty holders must prevent stored materials from leaking or spilling into the environment at fluid transfer points. [One requirement]
When requiring periodic activities, prefer the lowest frequency appropriate for the risk being managed. Periodic requirements have an outsized effect on requirement counts and operational costs.
Avoid referencing individual staff, departments, or other parts of the organization as names change frequently. Consider generic email addresses, and it is always correct to direct people to the Customer Contact Centre.
Avoid referring to specific IT systems such as DDS. The preferred approach is to refer to the “designated information submission system” and to then list those systems separately on the instrument’s landing page (see the Directive 056 landing page for an example).
Bulletins, manuals, FAQs, and web copy are not legally enforceable and therefore cannot contain regulatory requirements.
Instrument purpose statements (such as what appear at the beginning of a directive or in an announcing bulletin) should focus on the specific outcomes and how the instrument supports them.
All regulatory instruments should have a clearly indicated effective date and release date. Where appropriate, also consider providing a gap between the release and effective dates to allow time for regulated parties to comply.
Do not place requirements in introductions, background material, or appendices.
Keep forms separate from the directive itself. It makes them easier to update. The forms will still be linked from the instrument landing page.
Always look for possible “knock-on effects” of the changes you are proposing. Do they affect other directives, including numbering and references? Will web copy need to be updated? These are consequential amendments and should be dealt with as part of your project.
Include a glossary of defined terms for easy reference.
Do not redefine terms defined in other instruments. Instead reference existing definitions or choose a different term (where reasonable).
Do not duplicate requirements found in other instruments. First consider saying nothing. If repetition is necessary, cite the source.
a. When citing AER documents, avoid specific section or requirement numbers. They change frequently. Just cite the directive itself.
b. Legislation changes less often, though, so referencing section numbers is acceptable.
Acceptable: In accordance with Directive 055, the tanks must be inspected quarterly.
Acceptable: A licensee is required under section 1.100(2) of the Oil and Gas Conservation Rules to provide…
When referencing definitions and requirements, reference the “highest-order” instrument that most closely matches the requirement or definition. Instruments are ranked as follows, from highest to lowest:
Where appropriate, consider replacing requirements with references to outside standards such as the Canadian Standards Association (CSA). This can help us align requirements across jurisdictions and reduce requirement counts, but it must always be balanced against Alberta-specific needs and the fact that we do not have direct control over the standards.
When working with older instruments, build in sufficient time so the documents can be properly rebranded.
Stakeholders should have sufficient time to respond to proposed changes, and feedback received should be collected and responded to in a “what we heard” document published with the final instrument.