Canada Energy Regulator – 2021–22 Departmental Plan

Institutional GBA+ Capacity

Learning and Development:

To determine training and development needs for staff at the CER, research and data collection is conducted regularly. This has included reviewing key documents such as research of COVID-19 impacts on the Canadian workforce, internal records of consultation sessions, internal communications and return to office plan and risk assessments and conducting GBA+ Pulse Surveys, to name a few. Comparative analysis based on interviews and information exchange with peer organizations at the federal levels, including Women and Gender Equality, Canadian Nuclear Safety Commission, and the Impact Assessment Agency of Canada and CER internal stakeholder groups, is an additional component of our collaborative and inclusive approach toward ensuring CER staff are being provided learning and development opportunities. This is all in support of the CER Act and increasing GBA+ capacity at the CER. Additionally, the CER will continue to consider GBA+ and inclusivity in guidance and policy development throughout the CER.

Data and Digital Innovation:

Ongoing efforts to assess data needs occurs at the Program activity level. The Data and Digital Innovation Strategic Priority will create a sustained focus and culture throughout the organization for using data and information in a way that is meaningful for staff, industry, Indigenous peoples and the public. The CER will mine and structure larger datasets to draw regulatory insights that may not be obvious through individual processes, projects or single-stage lifecycle analyses.

Governance:

GBA+ maturity continues to grow across the CER. Most GBA+ work continues to take place at the Program activity level, however considerations for a broader framework for the organization will take place in 2021–22.

Highlights of GBA+ Results Reporting Capacity by Program

This program supports four pillars of the Government of Canada’s Gender Results Framework:

• 1. Economic Participation and Prosperity
• 2. Leadership and Democratic Participation
• 3. Gender-Based Violence and Access to Justice
• 4. Poverty Reduction, Health and Well-Being

The CER expects proponents to take a GBA+ lens when designing project-specific early engagement activities. As described in the CER’s Early Engagement Guide, companies should conduct early engagement activities in a manner that facilitates the involvement of all relevant diverse groups of people.

There are also legislative GBA+ requirements for the Commission’s assessment of projects regulated under the CER Act. Sections 183.2 (c), 262(c), and 298(3)(c) of the CER Act outline what factors need to be considered in Commission decisions or 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. By working through a GBA+ analysis, the Commission can better understand the possible disproportionate effects of a project on distinct groups of people, including on vulnerable populations and populations identified by gender.

This program supports greater public participation and access to adjudicative proceedings tied to energy reviews. It also requires companies to submit plans relating to their particular energy project under review that enhance benefits for Indigenous Peoples and the local population. Through the energy adjudication process, conditions may be imposed on projects to mitigate risks that are then monitored through the programs in the Safety and Environment Oversight Core Responsibility.

Data collection and reporting on Program impacts by gender and diversity capacity:

GBA+ data is presented in various ways in company applications, participant comments and evidence, and the Commission’s decisions and recommendation reports. All of this information is on the court of record and can be found for each relevant project in the CER’s regulatory database, REGDOCS.

This program supports one pillar of the Government of Canada’s Gender Results Framework:

• 1. Leadership and Democratic Participation

This program supports greater public participation and access to adjudicative proceedings tied to eligible energy reviews and early engagement. It provides funding to approved individuals or groups who may require financial assistance in order to participate.

Data collection and reporting on Program impacts by gender and diversity capacity:

This program supports the participation of Indigenous Peoples, landowners and not for profit organizations potentially affected by projects being reviewed by the Infrastructure, Tolls and Tariffs program in the CER’s Energy Adjudication Core Responsibility.

Data is tracked by recipient and is publicly available on the Government Canada’s Open Data Portal as per the Guidelines on the Reporting of Grants and Contributions Awards.

This program supports two pillars of the Government of Canada’s Gender Results Framework:

• 1. Leadership and Democratic Participation
• 2. Gender-Based Violence and Access to Justice

The CER works with Indigenous peoples to include Indigenous monitors in our oversight activities.

The CER has delegated responsibilities under the Canada Labour Code (Part II Occupational Health and Safety). This section refers to the occupational health and safety of pipeline company field staff and contractors.

Data collection and reporting on Program impacts by gender and diversity capacity:

Oversight activities are not expected to negatively impact Canadians from identifiable groups. Specific conditions placed on an applicant relating to GBA+ matters in the application assessment process (through the Energy Adjudication Core Responsibility) will be enforced in subsequent oversight activity and the CER will assess the need to address data gaps related to gender disaggregated data.

Very little GBA+ specific data is available related to the outcomes of the CER’s safety and environment oversight core responsibility and programs. This data does not exist because the data and the CER measures for safety and environmental oversight serves as a proxy indication as to how safely that infrastructure is being operated.

The CER does not intend to collect specific GBA+ data in this area because there are no differential impacts association with the operation of CER regulated infrastructure, it is either operated safely and benefits all Canadians or it does not.

This program supports one pillar of the Government of Canada’s Gender Results Framework:

• 1. Gender-Based Violence and Access to Justice

The CER requires companies to promote a positive safety culture to effectively manage threats to worker health and safety, and process safety. Information acquired from this work is used by the CER to continually improve its regulations and practices.

Data collection and reporting on Program impacts by gender and diversity capacity:

Oversight activities are not expected to negatively impact Canadians from identifiable groups. Specific conditions placed on an applicant relating to GBA+ matters in the application assessment process (through the Energy Adjudication Core Responsibility) will be enforced in subsequent oversight activity and the CER will assess the need to address data gaps related to gender disaggregated data.

Very little GBA+ specific data is available related to the outcomes of the CER’s safety and environment oversight core responsibility and programs. This data does not exist because the data and the CER measures for safety and environment oversight serves as a proxy indication as to how safely that infrastructure is being operated.

The CER does not intend to collect specific GBA+ data in this area because there are no differential impacts association with the operation of CER regulated infrastructure, it is either operated safely and benefits all Canadians or it does not.

This program supports one pillar of the Government of Canada’s Gender Results Framework:

• 1. Leadership and Democratic Participation

The CER works with Indigenous peoples to include Indigenous monitors in our oversight activities. This includes participation in emergency management exercises.

Data collection and reporting on Program impacts by gender and diversity capacity:

Oversight activities are not expected to negatively impact Canadians from identifiable groups. Specific conditions placed on an applicant relating to GBA+ matters in the application assessment process (through the Energy Adjudication Core Responsibility) will be enforced in subsequent oversight activity and the CER will assess the need to address data gaps related to gender disaggregated data.

Very little GBA+ specific data is available related to the outcomes of the CER’s safety and environment oversight core responsibility and programs. This data does not exist because the data and the CER measures for safety and environment oversight serves as a proxy indication as to how safely that infrastructure is being operated.

The CER does not intend to collect specific GBA+ data in this area because there are no differential impacts association with the operation of CER regulated infrastructure, it is either operated safely and benefits all Canadians or it does not.

This program supports three pillars of the Government of Canada’s Gender Results Framework:

• 5. Leadership and Democratic Participation
• 6. Economic Participation and Prosperity
• 7. Gender Equality Around the World

This program applies a GBA+ lens in developing regulatory initiatives and instruments and supports public participation in the development of regulatory instruments. Additionally, it supports greater public participation and access to adjudicative proceedings tied to energy reviews.

Data collection and reporting on Program impacts by gender and diversity capacity:

The Regulatory Framework program is building tools and processes that will help the CER gather, collate, report and measure GBA+ impacts as they relate to the development and management of the CER’s regulatory framework and regulatory initiatives.

This program does not have impacts that support the pillars of the Government of Canada’s Gender Results Framework. However, this program does support regulatory decision-making which does have linkages to the Gender Results Framework. For further details, please refer to programs in the Energy Adjudication Core Responsibility.

Data collection and reporting on Program impacts by gender and diversity capacity:

Energy Information products are designed not to discriminate. We will ensure our energy information products meet all Government of Canada accessibility guidelines.

GBA+ data does not exist in this area because the data the CER measures for energy system information is to inform regulatory decision making and share information with the public.

This program does not have impacts that directly support the pillars of the Government of Canada’s Gender Results Framework.

Data collection and reporting on Program impacts by gender and diversity capacity:

Energy Information products are designed not to discriminate. We will ensure our energy information products meet all Government of Canada accessibility guidelines.

This program does not directly support the Government of Canada’s Gender Results Framework.

This program supports other program areas with a framework for engagement that supports engaging a diversity of views from stakeholders across the country. While we do not collect GBA+ information in our engagement activities, we do share the outcomes of the engagement with the organization to inform changes to our work, such as policies, programs, processes, and products. It is in the creation of these that the GBA+ analysis will take place.

Data collection and reporting on Program impacts by gender and diversity capacity:

The CER seeks to understand and build better and more meaningful relationships with Indigenous Peoples and stakeholders. Through our performance measures we assess whether Indigenous Peoples and stakeholders feel meaningfully engaged. This feedback is used to improve our policies, programs and initiatives to better meet the needs of a diverse population. This work will be carried out in a respectful manner, ensuring that the privacy of Canadians is protected.

In 2020–21, the CER Stakeholder Engagement Program refined their program indicators and methodology to collect data that better supports decision-making in carrying out program activities.

In 2021–22 as part of the plan-do-check-adjust cycle within the CER management system, analysis will be conducted on the effectiveness of the indicators and make improvements if necessary.

This program does not directly support the Government of Canada’s Gender Results Framework.

This program’s work supports other CER program areas to engage and consult Indigenous peoples in decision-making and oversight.

Data collection and reporting on Program impacts by gender and diversity capacity:

The CER seeks to understand and build better and more meaningful relationships with Indigenous Peoples and stakeholders. Through our performance measures we assess whether Indigenous Peoples and stakeholders feel meaningfully engaged. This feedback is used to improve our policies, programs and initiatives to better meet the needs of a diverse population. This work will be carried out in a respectful manner, ensuring that the privacy of Canadians is protected.

The CER is fundamentally transforming the way it works to advance Reconciliation with Indigenous peoples, basing its approach upon the recognition of rights, respect, cooperation and partnership.

In 2020–21, the CER Indigenous Engagement Program refined their program indicators and methodology to collect data that better supports decision-making in carrying out program activities.

In 2021–22 as part of the plan-do-check-adjust cycle within the CER management system, analysis will be conducted on the effectiveness of the indicators and make improvements if necessary.

These programs support four pillars of the Government of Canada’s Gender Results Framework:

• 1. Education and Skills Development
• 2. Economic Participation and Prosperity
• 3. Leadership and Democratic Participation
• 4. Gender-Based Violence and Access to Justice

The CER continues to offer diverse training and skill development to its staff. Additionally, internal policies (including but not limited to hiring, promotion, and occupational health and safety) are being reviewed through a GBA+ and inclusivity lens.

Data collection and reporting on Program impacts by gender and diversity capacity:

There are multiple internal services programs which have varying levels of maturity relating to GBA+ data collection and reporting.

In 2021–22 the CER will continue to conduct GBA+ as part of all Treasury Board submissions, Budget Proposals and Memoranda to Cabinet in compliance with the evolving expectations from central agencies.

There will be continued efforts to measure the CER’s pandemic response and return to office plans and how they may impact different groups of employees.

Considering the CER’s post-pandemic future, and in alignment with the vision of the GCWorkplace initiative, we will be conducting research and closely engaging with our leaders, staff and other stakeholders as we investigate opportunities and challenges in changing the way we work. GBA+ will be a key consideration.

The CER is preparing an update to its Employment Equity Plan for submission in 2021–22. Significant GBA+ data will be gathered and analyzed to develop the recommendations within the Plan. GBA+ data collected from the 2019–20 Public Service Employee Survey will be considered for CER purposes where appropriate.

The CER will continue to review and identify requirements in GBA+ data needs and explore solutions to address gaps where it can.