Canada Energy Regulator – 2021–22 Departmental Plan

Core responsibilities: planned results and resources

This section contains detailed information on the Canada Energy Regulator’s planned results and resources for each of its core responsibilities.

Energy Adjudication

Description

Making decisions or recommendations to the Governor in Council on applications, which include impact assessments, using processes that are fair, transparent, timely and accessible. These applications pertain to pipelines and related facilities, international power lines, offshore renewable energy, tolls and tariffs, compensation disputes resolution, energy exports and imports, and oil and gas exploration and drilling in certain northern and offshore areas of Canada.

Planning highlights

Throughout 2020–21, the CER processed numerous applications submitted under the CER Act and completed applications submitted under the National Energy Board Act^Footnote 5 (NEB Act) before the CER Act came into force. The CER continues to advance and refine its early engagement processes and offer opportunities for meaningful and inclusive participation in its regulatory processes, even as COVID-19 poses an unprecedented challenge for all of those with whom we work closely. We have made substantial progress to date and will build upon this experience as we consider our first applications for larger projects. These applications will test our new processes under the CER Act on a larger, more complex scale and each application assessment will contribute to a greater understanding of participation practices.

The CER’s filing requirements clarify the CER’s expectations for proponents to engage effectively before submitting an application, as well as for and the information needed in an application. We will provide proponents with greater certainty by continually reviewing and updating our filing requirements to reflect learnings over time and adapt broad policy expectations to a CER context.

With the transition from the NEB Act to the CER Act, came the responsibility for the CER to carry out meaningful Crown Consultation^Footnote 6 in the spirit of reconciliation. The CER’s Crown Consultation process emphasizes proactive, transparent and collaborative information exchange and engagement with Indigenous peoples of Canada. We will also work with other federal departments to determine how to address any issues or concerns raised by the Indigenous peoples of Canada that may involve other areas of federal responsibility.

To support the Energy Adjudication core responsibility in 2021–22, we will:

• Implement measures to improve process timeliness and clarity. This includes measures to improve the efficiency of adjudication processes by identifying and addressing issues through early engagement, streamlining certain low-impact applications and supporting the delivery of clear filing guidance.
• Enhance the CER’s inclusive public participation processes and tools to remove barriers and create an easier-to-use interface that is straightforward and welcoming. This work will also consider the use of innovative tools to support virtual or written processes while respecting physical distancing measures due to COVID-19.
• Invest further in the CER’s Alternative Dispute Resolution^Footnote 7 (ADR) process, an interest-based and confidential approach for resolving disputes outside of formal regulatory processes.
• Enhance energy adjudication data access and analysis. This will support process improvements and provide accessible, relevant information to stakeholders involved in application process assessments, and to those with interest in CER activities.

Gender-based analysis plus

• Section 183.2 (c) of CER Act outlines GBA+ factors that must be considered in Commission recommendations to the Minister such as health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors. The CER has issued filing guidance on assessing GBA+ requirements in applications and we have started assessing applications using this guidance.
• The CER’s Hearing Managers, Process Advisors, and Socio-Economic Specialists help ensure that the CER’s early engagement activities, ADR services, and adjudicative processes are accessible to diverse groups, including women, men, gender-diverse people and underrepresented Canadians.

Experimentation

• In partnership with Code for Canada fellows, we will develop a digital solution to improve the systems that support public participation in CER proceedings. Their work will lead to easier and more inclusive public access to the CER’s participation portal, while enhancing related processes and functions for the management of participant data.
• The CER will assess data associated with adjudication processes to identify linkages and trends among factors such as project type, location, assessment timelines, Information Requests, and conditions imposed by the CER. This work will form the basis for focused process improvement recommendations.

Planned results for Energy Adjudication

Planned budgetary financial resources for Energy Adjudication (dollars)

Planned human resources for Energy Adjudication (full-time equivalents)

Financial, human resources and performance information for the Canada Energy Regulator’s program inventory is available in the GC InfoBase^Footnote 8.

Safety and Environment Oversight

Description

Setting and enforcing regulatory expectations for regulated companies over the full lifecycle – construction, operation and abandonment – of energy-related activities. These activities pertain to pipelines and related facilities, international power lines, offshore renewable energy, tolls and tariffs, energy exports and imports, and oil and gas exploration and drilling in certain northern and offshore areas of Canada.

Planning highlights

Preventing harm is the foundation of how we keep people safe and protect the environment. We enforce some of the strictest safety and environmental standards in the world, and our oversight goes beyond simply compliance. We expect companies to adopt new technologies and innovative approaches to improve the effectiveness and efficiency of their management system in preventing harm. We also expect them to adapt to the evolving expectations that Canadians and Indigenous peoples have for energy companies to engage and consult in how they protect the environment, people and property.

We have the same expectations of ourselves to evolve, innovate, adapt and improve. We continue to increase the involvement of Indigenous monitors in our oversight to bring Indigenous perspectives into more of our work. Incorporating Indigenous perspectives will inform the work we are doing to develop a long-term sustainable model for Indigenous monitoring in our oversight, and will support our focus on reconciliation.

We are continuing to increase the size of our data library to identify changing trends and risks to inform targeted actions to reduce harm. We expanded the dataset for unauthorized activities and damage to pipe incidents in 2020–21, enabling us to implement more efficient and effective review and oversight of those events. This richer dataset will allow us to identify more targeted actions to reduce unauthorized activities.

The Onshore Pipeline Regulations^Footnote 9 have been in place since 1999 and we will be reviewing and proposing changes for which consultation with Canadians, industry, and Indigenous peoples will progress in 2021–22.

Finally, we are always looking at innovative ways to improve industry performance by strengthening our influence in the area of safety culture. The results of research that we monitor related to risk assessment of contaminated sites, safety culture in inspections, and pipeline quality attributes will inform our plans this year. This research will inform how we engage with industry to share results and learnings so that they can prevent harm.

To support the Safety and Environment Oversight core responsibility in 2021–22, we will:

• Deploy and apply our full spectrum of oversight tools necessary to continue to strive for the goal of zero worker safety incidents and zero incidents that harm the environment, especially during construction.
• Continue to monitor and update our oversight to ensure that COVID requirements are adhered to, ensuring the safety of Canadians and Indigenous communities near regulated activities.
• Develop a sustainable model, working with the Indigenous peoples of Canada, to include Indigenous monitors in our oversight activities.
• Implement technology to facilitate collaboration and sharing of CER oversight activities with Indigenous monitors and Indigenous communities.
• Continue to identify technical research projects that will facilitate more innovative and improved methods to ensure and assure the integrity of pipelines.
• Be prepared to support resource development applications and associated activity oversight in the Northern regions.
• Enhance and implement industrial control system security compliance requirements and oversight.
• Use the data from damage to pipe events more effectively to identify targeted interventions to reduce potential for harm.
• Initiate our next periodic review of regulated companies’ funding arrangements to pay for pipeline abandonment.

Gender-based analysis plus

• We do not expect safety and oversight activities to impact Canadians from identifiable groups negatively. The CER will enforce specific conditions placed on an applicant relating to GBA+ matters in the application assessment process in subsequent oversight activity.
• The CER conducts a GBA+ analysis pursuant to the Cabinet Directive on Regulation for its regulation development projects. The CER will continue to strengthen its regulatory framework by assessing the impact that proposed regulatory framework changes could have on Canadians from identifiable groups.
• Communications with regulated industry will use gender-neutral terms and promote gender-neutral terminology.
• In response to recommendations from an evaluation of the Regulatory Framework Program, we will endeavor to improve our regulatory framework change process so that it is more accessible to all Canadians. We will also leverage efforts made through the Data and Digital Transformation Strategic Priority to reach a wider audience for our consultations.

Experimentation

• The CER will continue to develop methods to extract environmental and socio-economic data and images from various regulatory filing submissions (such as reclamation reports, construction progress reports, and environmental and socio-economic assessments) to help the regulator and communities – including Indigenous communities – better monitor and gain insights to prevent harm to people and the environment.
• The CER is working on tools to enable effective collaboration on oversight with Indigenous monitors and improve sharing of information with Indigenous communities via interactive maps.

Planned results for Safety and Environment Oversight

Planned budgetary financial resources for Safety and Environment Oversight (dollars)

Planned human resources for Safety and Environment Oversight (full-time equivalents)

Financial, human resources and performance information for the Canada Energy Regulator’s program inventory is available in the GC InfoBase^Footnote 10.

Energy Information

Description

Collecting, monitoring, analyzing and publishing information on energy markets and supply, sources of energy, and the safety and security of pipelines and international power lines.

Planning highlights

In our transition to a low-carbon economy, Canadians need reliable information on the energy issues that they face, including data and information about energy infrastructure near their communities. Energy information helps them understand what is going on in the energy sector today, as well as where it may go in the future. Tools such as our interactive pipeline map^Footnote 11, our Pipeline Profiles^Footnote 12 and our Energy Futures^Footnote 13 series of pan-Canadian energy outlooks have helped many Canadians better understand energy in Canada. We are committed to providing enhanced local and national information in the year to come.

We produce neutral and fact-based energy analysis and data, which is key to ensuring the CER continues to foster the trust and confidence of Canadians. Providing access to relevant, accurate and timely energy data gives Canadians tools they need to do their own research, make decisions and understand the energy landscape around them. By increasing energy information awareness and understanding, we are supporting Canada’s global competitiveness in energy markets.

We know that energy impacts people where they live and we will provide more local information that Canadians value in our data and publications. We will deliver improved information publication formats, including more and better data visualizations that facilitate increased insight. We will also solicit input from Indigenous peoples and stakeholders on our products and how we share them, to improve their accessibility and relevance.

The CER holds a large amount of information about the energy infrastructure that we regulate, but much of this information is difficult to access and may be challenging for a non-expert audience to work with and access. We commit to improving access to this information and make it easier to understand, supporting the transparency of the CER’s regulatory oversight.

In October 2020, the Canadian Centre for Energy Information (CCEI)^Footnote 14 launched its user-friendly website. We will continue and enhance our collaboration with other energy information agencies to address current gaps in data and provide new energy information products through an all-of-government approach.

In support of the Energy Information core responsibility in 2021–22, the CER will:

• Enhance collaboration with our energy information partners in support of the CCEI.
• Deliver improved information to Canadians about energy trade based on our collaborations with Statistics Canada and Canada Border Services Agency.
• Innovate our energy modelling, data, and analysis toolsets to better reflect the ongoing evolution of Canada’s energy production, transmission, and consumption.
• Enhance access to information about the facilities the CER regulates by ensuring that information is easy to find and presented in understandable ways.

Gender-based analysis plus

• Energy Information products are designed not to discriminate, and we will work to continually assess our policies and programs with a gender-based plus analysis lens in mind. We will also continue to ensure our energy information products meet all Government of Canada accessibility guidelines.

Experimentation

• We will pilot using open source energy models to invite Canadians to “check our math” and use these models for their own research and analysis.
• We will undertake more in-depth user-experience testing in developing our energy information products.
• We will release source code that extracts information from regulatory PDF filings to enhance pipeline information products.
• We will support our federal partners by collaborating on high-frequency real-time energy information products (i.e., real-time electricity dashboard).
• We will explore the application of blockchain technology for our trade data collection and analysis to examine how that technology could further CER’s objectives.

Planned results for Energy Information

Planned budgetary financial resources for Energy Information (dollars)

Planned human resources for Energy Information (full-time equivalents)

Financial, human resources and performance information for the Canada Energy Regulator’s program inventory is available in the GC InfoBase^Footnote 15.

Engagement

Description

Engaging nationally and regionally with Indigenous peoples and stakeholders through open dialogue, asking questions, sharing perspectives, and collaboration. These activities pertain to all decisions and actions related to the Canada Energy Regulator’s legislated mandate.

Planning highlights

The CER is focused on delivering an engagement model that emphasizes building relationships, listening to what Canadians have to say, and sharing the unique information the CER possesses in order to collaboratively identify and address issues while continuously improving the way we work.

The organization works to engage diverse groups of people on decisions that directly affect them. This interactive, two-way dialogue and the information it generates assists the CER and partners to make better decisions and recommendations to support safety and environmental protection, regulatory efficiency, economic competitiveness, energy literacy and transparency across every aspect of its work. We are also making efforts to engage earlier than in the past so that we can more effectively incorporate the input we receive in the planning phases of projects and initiatives.

Our country is large and diverse. Each region has unique interests and challenges, and our work impacts people in different ways. We are exploring how we can make sure that we better understand both national and regional perspectives of our work and are equipped to engage effectively from coast to coast to coast. Employing technology and digital engagement tools to make it easier for Canadians to work with us, in a format that works for them (e.g., how they want, when they want and where they want), will be key to this effort.

Co-developed by Indigenous peoples and the Government of Canada, including the CER, two Indigenous Advisory and Monitoring Committees^Footnote 16 (IAMCs) operate independently to increase Indigenous involvement in the federal monitoring and oversight of the Trans Mountain Pipeline Expansion Project and the Enbridge Line 3 Replacement Program.

The CER’s work with the IAMCs will continue to shape its broader approach to incorporating Indigenous perspectives in its monitoring and oversight activities and enhancing its engagement with Indigenous communities. The CER recognizes the importance of maintaining Indigenous involvement in the oversight of major projects and the significant contribution provided by the Indigenous monitors. The CER’s Indigenous monitoring activities continue to grow and improve – working and learning together with the IAMCs, Indigenous monitors, and the companies, and now expanding to include projects that do not currently have an IAMC.

To support the Engagement core responsibility in 2021–22, we will:

• Engage with IAMCs, the Land Matters Group, industry associations and regional municipality bodies.
• Develop a National Engagement Strategy and expand relationships with impacted Indigenous peoples and stakeholders.
• Provide support to CER program areas working to engage Indigenous peoples and stakeholders in efforts to develop monitoring program improvements, and new Crown Consultation and early engagement practices. Enhance the use of digital engagement tools in our engagement practices.
• Examine new ways to provide support to stakeholders and rights holders to engage with the CER outside of the hearing processes.
• Increase ways to receive diverse input during the development of regulations.

Gender-based analysis plus

• Engagement measures introduced in 2020–21 enable the CER to monitor how effectively it engages a diversity of views to inform its decisions and work.
• We will use a GBA+ approach to assess the effectiveness of engagement, identify program improvements, and provide advice to the organization on ways to engage diverse views in a way that recognizes how women, men and gender-diverse people may experience engagement policies, programs and projects differently.

Experimentation

• The CER will explore and expand use of online participatory engagement tools, feedback mechanisms and data-mining techniques. This will help us better identify and share information at the community level, so that we have the right information when meeting with Indigenous communities and stakeholders about community-specific issues.

Planned results for Engagement

Planned budgetary financial resources for Engagement (dollars)

Planned human resources for Engagement (full-time equivalents)

Financial, human resources and performance information for the Canada Energy Regulator’s program inventory is available in the GC InfoBase.^Footnote 17

Date modified:

2023-11-27