Technical Guidance from the US National Marine Fisheries Service recommends Federal agencies use estimated thresholds for peak sound pressure levels and weighted cumulative sound exposure levels for the onset of permanent (and temporary) hearing threshold shifts in marine mammals. These dual metrics were developed to inform impact assessments within the US legal landscape. Despite its merits, the Technical Guidance contains uncertainties due to limited data on marine mammal hearing and auditory response to noise. The underlying assumptions about how representative existing data are for all marine mammal species also create limitations in the applicability of the Technical Guidance. These limitations warrant consideration before the Technical Guidance can be applied effectively in other jurisdictions with different legal standards. Using the Canadian legal framework as a working example, we found that many Canadian species are underrepresented in the dataset informing the Technical Guidance. The Technical Guidance also does not address all relevant noise impact types. Thus, the Technical Guidance alone cannot address all Canadian legal standards and, if the Technical Guidance is incorporated, some adjustments to the criteria within may be needed to meet the precautionary requirements of many Canadian legal standards.