Role of the Commission
The Commission is an independent entity within the governance structure of the CER, whose primary mandate is to adjudicate in respect of energy projects.
In 2020, the Commission was comprised of six fulltime Commissioners appointed by the Governor in Council, including the Lead Commissioner and Deputy Lead Commissioner. In January 2021, a seventh Commissioner was added. For more details on the CER’s Commissioners, please refer to Appendix A-Commissioner Biographies.
The Commission renders regulatory decisions as set out by its mandate described in the CER Act and other legislation, as well as any directions of general application with respect to that mandate that it may receive from the Governor in Council. In its adjudicative role, it adheres to the purpose and provisions of the CER Act, recognizing and respecting the rights of Indigenous peoples pursuant to section 35 of the Constitution Act, 19823. As well, the Commission adheres to the requirements pursuant to Part III of the Official Languages Act,4 the rules of natural justice and relevant jurisprudence.
The Commission regulates pipeline tolls and tariffs under its jurisdiction so that they are just and reasonable and to ensure no unjust discrimination in tolls, service or facilities. Applications and complaints about traffic, tolls and tariffs may be filed with the CER at any time.
The Commission is a court of record with all the powers, rights and privileges vested in a superior court of record with respect to any matters within its jurisdiction. It can adjudicate (including on its own initiative) any matter where a person has done or failed to do anything required by the CER Act and can also inquire into any accident involving a pipeline or other CER-regulated facility.
As a quasi-judicial tribunal, the Commission makes adjudicative decisions and recommendations independently. The Commission’s adjudicative independence is a key aspect of the CER Act. Pursuant to the Act, the Board of Directors and the CEO may not provide direction, and the Board of Directors may not provide advice, with respect to any particular decision, order or recommendation of the Commission. While its adjudicative role is independent, the Commission is part of the CER and contributes to the overall effective delivery of its mandate.
The Commission has the power to make orders and prohibitions for the enforcement of its decisions. It 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.