Role of the Commission
One of the attributes of the modern governance structure of the Canada Energy Regulator is the establishment of an independent Commission to adjudicate energy projects.
In 2019-20, the Canada Energy Regulator’s Commission was comprised of six full-time Commissioners appointed by the Governor in Council, including the Lead Commissioner and Deputy Lead Commissioner. Commissioners have a broad range of experience and expertise. For more details on Commissioners, please refer to Appendix A-Commission Biographies.
The Commission makes regulatory decisions as set out in the CER Act and other legislation. In its adjudicative role, it ensures adherence to the purpose and provisions of the CER Act, recognizing and respecting Indigenous rights pursuant to s. 35 of the Constitution Act, 1982,1 as well as the official languages of Canada pursuant to Part III of the Official Languages Act,2 the rules of natural justice, a, jurisprudence and directions of general application on broad policy matters with respect to its mandate.
As is typical of a quasi-judicial tribunal, the Commission makes adjudicative decisions and recommendations independently. The Commission’s independence is a key aspect of the CER Act. Pursuant to the Act, the Board of Directors of the CER is not permitted to give directions or provide advice with respect to any particular decision, order or recommendation of the Commission.
The Commission is part of the CER and, although its adjudicative role is independent, it contributes to the overall effective delivery of the CER’s mandate and Departmental Results Framework, in particular the CER’s Core Responsibilities of Energy Adjudication and Safety and Environment Oversight. The Commission ensures continuous improvement and effectiveness in the areas in which it works.
The Commission is a court of record. Among its responsibilities and authorities, it may adjudicate (including on its own initiative) on any matter where a person has done or failed to do anything required by the CER Act, and may also inquire into any accident involving a pipeline or other CER-regulated facility. The Commission has the power to make orders and prohibitions for the enforcement of its decisions.
The Commission may make rules for carrying out its work and managing its internal affairs vis-à-vis adjudication, including rules respecting the powers, duties and functions of Commissioners, its procedures and practices, its sittings and its decisions, orders and recommendations.
The commission makes regulatory decisions as set out in the CER Act and other legislation.