Message from the Lead Commissioner
For over 60 years, energy regulation in Canada has evolved to meet the needs and expectations of Canadians. That progression took a step forward in August 2019 when the Canada Energy Regulator (CER) was established.
The CER is a new energy regulator with a new mandate. It works for Canadians to keep energy moving safely and efficiently through our country’s pipelines, powerlines and future offshore renewable energy projects.
The organization is guided by the objectives of the Canadian Energy Regulator Act (CER Act) and is supported by its new governance model that delineates the adjudicative, corporate and operational functions of the CER. One of the highlights of this modern governance structure is the establishment of an independent Commission to adjudicate energy projects.
Commissioners have been tasked to be guardians of the public interest and of the integrity of the adjudicative process. As per our mandate defined in the CER Act, we see our roles focusing on transparent processes under which the best available scientific information and data as well as Indigenous knowledge are taken into account in our decision-making.
The CER Act’s commitment to achieving reconciliation with First Nations, Metis and Inuit is of critical importance to the Commission. The Act focuses on using transparent processes which ensure that Indigenous knowledge is taken into account in decision-making. This commitment is reflected in the Commission’s ongoing engagement with Elders and Knowledge Keepers in Oral Indigenous Knowledge sessions and elsewhere within the adjudicative process.
Additionally, Commissioners have made a considerable investment in learning about Indigenous Peoples and Indigenous law through their onboarding and continuous learning. Commissioners are committed to re-doubling their efforts in their journey to reconciliation by becoming better adjudicators delivering more inclusive and transparent reviews.
Commissioners have been tasked to be guardians of the public interest and of the integrity of the adjudicative process.
Enhancing Canada’s global competiveness is a core element of the CER Act. The Commission help deliver on this key component of the Act by building systems that enable our decisions to be made in a predictable and timely manner, providing certainty to investors and stakeholders.
During the CER’s inaugural year, Commissioners adjudicated hearings on applications regarding pipelines and powerlines, tolls and tariffs, as well as a liquefied natural gas export licence. In keeping with Canadians’ expectations for the Commission, those applications were considered using processes which were fair and accessible, while adhering to all of the requirements of natural justice.
In addition, Commissioners regulated condition compliance activities for existing energy infrastructure and financial resource requirements for companies. We also began preparations to regulate future offshore renewable energy projects – a new area of regulatory jurisdiction.
During its first year of existence, the Commission laid the foundation of how it intends to operate in the years ahead: forming a track record of adjudicative excellence, demonstrating consistency and innovation, providing the checks and balances needed for accountability, and creating a deliberative environment that allows for an exchange of ideas.
In closing, I want to acknowledge and thank the CER’s staff who have served the Commission in the organization’s inaugural year – a time of transition and challenge. I look forward to working with these dedicated public servants for many years to come.
During its first year of existence, the Commission laid the foundation of how it intends to operate in years ahead…
I would also like to express my appreciation to the Members of the National Energy Board for their years of service to the Canadian public. In particular, I would like to thank Members Philip Davies and Murray Lytle who, upon my request, agreed to continue their service to Canada while working on Commission Hearings in 2019-20.
On behalf of my colleagues, I respectfully submit to the Honourable Seamus O’Regan, Minister of Natural Resources, and provide to Canadians the 2019-20 Annual Report of the Commission of the Canada Energy Regulator.
The original version was signed by
Damien A. Côté,
Lead Commissioner
Canada Energy Regulator