Canada Energy Regulator – 2022–23 Departmental Plan

Core responsibilities: planned results and resources

This section contains information on the department’s planned results and resources for each of its core responsibilities.

The CER sought and received additional funding in previous years for transitioning to new impact assessment and regulatory processes, IAMCs, as well as supports for making data available digitally to Canadians to implement sustained change stemming from implementing the CER Act and from internal and external operational context. This funding was allocated on a temporary basis while all these requirements exist as part of a modern, well-functioning regulatory organization. In future years, the CER would benefit from a renewal and rollover of temporary funding for these efforts into ongoing and stable funding.

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 2021–22, the CER processed numerous applications submitted under the CER Act. The CER implemented improvements to hearing-related engagement processes, for instance workshops on the design of the hearing process and potential project conditions during hearing processes. As more experience is gained with these new engagement practices, the organization will find ways to improve further and offer opportunities for meaningful and inclusive participation in regulatory processes.

The CER’s filing requirements clarify expectations for proponents, Indigenous peoples, and stakeholders such as to engage effectively before applying for a project, or what information is needed for a complete application. The organization is regularly reviewing and updating filing requirements to reflect learnings and adapting broad policy expectations to a CER context. By continually making these improvements, proponents, Indigenous peoples, and stakeholders will have more certainty of what is expected before, during, and after the application process. The CER is also exploring ways to clarify expectations for the new factors included in the CER Act that complement the filing requirements.

To support the Energy Adjudication core responsibility in 2022–23, the CER will:

• continue to support competitiveness by implementing measures to improve process timeliness and clarity. This includes efforts to improve the efficiency of adjudication processes by identifying and addressing issues through early engagement, streamlining certain low-impact applications, and the delivery of clear filing guidance;
• further develop the CER’s Crown consultation program through ongoing engagement and feedback with Indigenous peoples, to ensure meaningful, two-way dialogue in the spirit of reconciliation;
• implement tools developed over the last year to enhance inclusive public participation processes and launch a more user-friendly, straightforward, and welcoming interface. This work will also consider using innovative tools to support virtual or written processes for an environment that will require observing pandemic restrictions, if needed;
• continue to invest further in the CER’s Alternative Dispute Resolution (ADR)^Footnote 14 process, an interest-based and confidential approach that has proven effective at resolving disputes outside of formal regulatory processes; and
• 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 those interested in CER activities.

Gender-based Analysis Plus

• Section 183.2 (c) of the CER Act outlines Gender-based analysis plus (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 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 (including Indigenous knowledge sessions) are accessible to diverse groups, including women, men, gender-diverse, and underrepresented people.

United Nations’ (UN) 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals

• Activities under the Energy Adjudication Core Responsibility include impact assessments which support the CER’s recommendations or decisions to the Governor in Council, which in turn contribute to advancing Sustainable Development Goal (SDG) 7: Ensuring access to affordable, reliable, sustainable, and modern energy for all. These activities pertain to applications for 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.

Experimentation

• In partnership with Code for Canada^Footnote 15 fellows, the CER will develop a digital solution to improve the systems that support public participation in CER proceedings. Their work will lead to more accessible and inclusive public access to the CER’s participation portal while enhancing related processes and functions for managing 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

The following table shows, for Energy Adjudication, the planned results, the result indicators, the targets, and the target dates for 2022–23, and the actual results for the three most recent fiscal years for which actual results are available.

The financial, human resources and performance information for the CER’s program inventory is available on GC InfoBase.^Footnote 16

Planned budgetary financial resources for Energy Adjudication

The following table shows, for Energy Adjudication, budgetary spending for 2022–23, as well as planned spending for that year and for each of the next two fiscal years (dollars).

Financial, human resources and performance information for the CER’s program inventory is available on GC InfoBase.^Footnote 17

Planned human resources for Energy Adjudication

The following table shows, in full time equivalents, the human resources the department will need to fulfill this core responsibility for 2022–23 and for each of the next two fiscal years.

Financial, human resources and performance information for the CER’s Program Inventory is available in the GC InfoBase^Footnote 18.

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 the CER keeps people safe and protects the environment. The CER enforces some of the strictest safety and environmental standards in the world, and its oversight goes beyond simply compliance. Adopting new technologies and innovative approaches improves the effectiveness and efficiency of a company’s management system to prevent harm. The CER also expects regulated companies to engage and consult in a way that meets evolving expectations on how best to protect people, the environment and property, and that respects the rights and interests of Indigenous peoples.

The CER has these exact expectations for itself: to evolve, innovate, adapt, and improve, and is fundamentally transforming the way it works to advance reconciliation with Indigenous peoples. The organization continues to increase the involvement of Indigenous monitors in its oversight, bringing more Indigenous perspectives into its work. Plans for this year include improving how it follows up on commitments made by companies to Indigenous communities and enhancing how companies are required to identify and protect sites of Indigenous significance. The CER commits to learning and adapting with the goal of a long-term sustainable oversight model that includes Indigenous perspectives and support the focus on reconciliation.

The organization is continuing to increase the size of its data library to identify changing trends and risks to inform targeted actions that will reduce harm. The CER expanded the datasets for condition compliance and remediation in 2021–22, enabling the implementation of a more efficient and effective review and oversight of those processes.

The CER Act requires the Commission to take measures that ensure companies can pay for the abandonment of their facilities. In 2021–22, the CER initiated its review of regulated companies’ abandonment cost estimates and set-aside and collection mechanisms. The CER made a commitment to complete this task every five years. These reviews form the basis for any revisions to abandonment cost estimates and abandonment funding mechanisms (e.g., trusts), ensuring abandonment cost information reflects up-to-date assumptions, and real-world learnings garnered over the previous five years.

The Onshore Pipeline Regulations^Footnote 19 (OPR) are the rules that regulated companies must follow for operating their pipelines and have been in place since 1999 with some requirements clarified/updated in 2013 and 2016. In 2022–23, the CER will be conducting a comprehensive review of the full OPR and will be seeking feedback from Canadians, industry, and Indigenous peoples to identify areas for improvement. The process is expected to run through 2022–23.

Finally, the CER is always pursuing innovative ways to improve industry performance by strengthening its influence in safety culture. As reflected in the Safety Culture three-year plan, the CER plans to develop more workshops this year to facilitate dialogue, to share data, and to influence the discussion on this important topic.

To support the Safety and Environment Oversight core responsibility in 2022–23, the CER will:

• deploy and apply the full spectrum of oversight tools necessary to achieve zero worker safety and environmental incidents, especially with increased construction activity expected in 2022–23;
• continue to monitor and update oversight measures, ensuring that evolving COVID-19 requirements are adhered to, so all communities located near regulated activities are safe;
• continue to enhance Indigenous involvement in oversight by increasing Indigenous monitor capacity through contracting and staffing three additional positions;
• strengthen condition compliance oversight by following up on commitments made to Indigenous communities by companies, piloting approaches to enhance protection of sites of Indigenous significance and improving the consideration of Indigenous perspectives in compliance oversight planning;
• conduct a comprehensive review of the OPR through consultation with Canadians, Indigenous peoples, regulated companies, and other stakeholders and building on learnings from years of implementing the regulations;
• deliver a strategy for oversight of any future CER-regulated hydrogen facilities and pipelines;
• continue to identify technical research projects that will promote innovative and improved methods to strengthen pipeline integrity;
• lead, participate in, and promote research and development to enhance emergency management for CER-regulated facilities;
• be prepared to support resource development applications and associated oversight activity in Canada’s northern regions;
• strengthen expectations for industrial control systems cyber security and process safety in our oversight;
• host industry workshops to increase learning and collaboration on approaches for implementing a positive safety culture;
• enhance key data and information, including pipeline performance measures, geospatial asset data, and remediation and reclamation risks to improve oversight;
• digitize and automate routine interactions with industry that will achieve efficiencies as well as improve effectiveness and transparency; and
• complete the abandonment cost estimates and set-aside and collection mechanisms review initiated in 2021–22.

Gender-based Analysis Plus

• The CER will continue to work to ensure that safety and oversight activities do not negatively impact Canadians from identifiable groups. The CER will enforce specific conditions placed on an applicant relating to Gender-based Analysis Plus (GBA+) matters in the application assessment process in subsequent oversight activity.
• The CER conducts a GBA+ analysis pursuant to the Cabinet Directive on Regulation^Footnote 20 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, the CER will endeavor to improve its regulatory framework change process so that it is more accessible to all Canadians. The CER will also leverage efforts made through the Data and Digital Innovation Strategic Priority to reach a wider audience for consultations.

United Nations’ (UN) 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals

• This Core Responsibility supports SDG 7: Access to affordable, reliable, sustainable, and modern energy for all, in two specific ways. First, through the overall mandate for setting and enforcing regulatory expectations for regulated companies over the full lifecycle of energy-related facilities. In addition to that, the development of a strategy for oversight of hydrogen in pipelines will position the CER to support the achievement of this SDG into the future.
• The strategy for oversight of hydrogen facilities and pipelines also supports SDG 9: Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation.

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 continuing to work 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

The following table shows, for Safety and Environmental Oversight, the planned results, the result indicators, the targets, and the target dates for 2022–23, and the actual results for the three most recent fiscal years for which actual results are available.

The financial, human resources and performance information for the CER’s program inventory is available on GC InfoBase.^Footnote 21

Planned budgetary financial resources for Safety and Environment Oversight

The following table shows, for Safety and Environmental Oversight, budgetary spending for 2022–23, as well as planned spending for that year and for each of the next two fiscal years (dollars).

Financial, human resources and performance information for the CER’s program inventory is available on GC InfoBase.^Footnote 22

Planned human resources for Safety and Environment Oversight

The following table shows, in full time equivalents, the human resources the department will need to fulfill this core responsibility for 2022–23 and for each of the next two fiscal years.

Financial, human resources and performance information for the CER’s Program Inventory is available in the GC InfoBase^Footnote 23.

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

Energy plays a fundamental role in the lives of all Canadians. From transportation to healthcare to the clothes we wear, every product and service in our country requires energy. Energy information serves to make sense of what is currently going on in the energy sector and where it may go in the future.

The CER helps inform Canada’s energy conversation by working to create an organizational culture that is driven by data and innovation. This culture will enable the effective delivery of the CER’s mandate, improve public access to accurate data, energy information for decision-making and enhance opportunities for digital engagement. By increasing energy awareness, the organization is supporting Canada’s global competitiveness in energy markets. The CER is working on several high-profile energy analysis publications, including:

• Canada's Energy Future^Footnote 24 is the CER’s long-term energy supply and demand outlook. In 2022–23, we will prepare the next iteration of this report, continuing to provide critical insights into Canada’s energy transition to a low-carbon economy, and it will include scenario analysis consistent with Canada achieving net-zero emissions by 2050;
• Provincial & Territorial Energy Profiles^Footnote 25 is an overview of energy production, transportation, trade, consumption, and GHG emissions. The profiles include all energy sources, from crude oil and refined products to natural gas and liquified natural gas (LNG) to uranium and renewables. The 2022–23 release will consist of new content related to Canada’s energy transition, reflecting Indigenous perspective, and enhanced engagement with stakeholders; and
• Market Snapshots^Footnote 26 are regular, brief publications on a variety of energy topics that are relevant to everyone in Canada. In 2022–23, in addition to continuing to produce market snapshots on topics tied to ever-changing energy developments, the CER will produce market snapshots on hydrogen and other topics increasingly relevant to the public, such as carbon capture utilization and storage (CCUS) and environmental, social, and governance considerations (ESG).

One of the CER’s key priorities is to build trust in the organization’s work and the country’s energy regulatory system. To do this, the public needs access to accurate and comprehensive data on the performance of facilities under federal jurisdiction. The CER is continuing to invest in compiling and releasing data on the safety, environmental, and economic performance of pipelines and powerlines it regulates. This data will be released in various formats to reach a broad range of people, from open data files to interactive visualizations. Core to this effort is the Pipeline Profiles^Footnote 27 web portal – a one-stop shop for detailed information and regularly updated data on Canada’s major oil and natural gas pipelines regulated by the CER. The organization will continue to add new datasets and visualizations to the portal, as well as new functionality.

To support the Energy Information core responsibility in 2022–23, the CER will:

• inform Canada’s energy conversation by providing access to relevant, accurate and timely energy data, and information;
• give Canadians the tools they need to do their own research, make decisions, and understand the energy landscape around them;
• increase energy awareness and support Canada’s global competitiveness in energy markets by continuing to produce high-quality and highly relevant energy analysis publications;
• provide data on CER-regulated infrastructure in a broad range of formats that is clear and transparent to help build trust and confidence; and
• broaden the CER’s reach by implementing the Engagement Plan for Energy Information developed in 2021–22.

Gender-based Analysis Plus

• The CER will continue initiatives to improve content, accommodating the diverse needs of Canadians so that it is equally accessible to all audiences.
• Content will be published in both official languages and use and promote gender neutral terminology.
• All images used will depict the diverse nature of the public in a fair, representative, and inclusive manner, including a balance of sex, gender, language, ethnicity/race, religion, age, disability, geography, culture, income, sexual orientation, and education.
• The CER will adhere to the Government of Canada accessibility guidelines and web accessibility standards including colour-blind friendly, use of whitespace and shorter paragraphs and bulleted lists, plain language, all images/charts have alternative text and/or descriptions that explain what is being shown.
• Page load speeds will be improved, and data sets will be made available for download in addition to high-bandwidth interactive charts, so that people in remote communities can still access and use CER content.
• The CER will share content that is aimed at different identity groups through its diverse array of Market Snapshots. Topics are always changing and target general consumers, industry, academia, and Indigenous audiences.

United Nations’ (UN) 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals

• Energy information plays an important role in Canadians’ decisions as Canada transitions towards a low carbon economy. The CER’s Energy Information Core Responsibility, including the flagship Energy Futures publication and related series of outlooks, will include analysis on low-carbon options and scenarios. This will contribute to advancing the Government of Canada's support for the UN 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals, particularly with respect to SDG 7: Access to affordable, reliable, sustainable, and modern energy for all, SDG 8: Clean Growth, and SDG 13 Effective Action on Climate Change.

Experimentation

• The CER will pilot email notifications for submission of key regulatory filings to ensure published information about pipelines is accurate and timely.
• The CER will test new web development tools to ensure published content is updated in a timely fashion and the information meets the needs of users.
• The CER will undertake interviews with users of pipeline information to ensure published information meets the needs of stakeholders.

Planned results for Energy Information

The following table shows, for Energy Information, the planned results, the result indicators, the targets, and the target dates for 2022–23, and the actual results for the three most recent fiscal years for which actual results are available. Of note, starting in 2021–22, the CER has adopted departmental results indicators that are focused more on the impact and/or outcome of our energy information products (e.g., evidence that Canadians access and use this information), rather than its prior reliance on activity indicators (e.g., number of times energy information is accessed). Activity-based indicators will continue to be tracked and monitored for program performance, however, there will be an increased focus on impact and relevance of the program in its results indicators.

The financial, human resources and performance information for the CER’s program inventory is available on GC InfoBase.^Footnote 28

Planned budgetary financial resources for Energy Information

The following table shows, for Energy Information, budgetary spending for 2022–23, as well as planned spending for that year and for each of the next two fiscal years (dollars).

Financial, human resources and performance information for the CER’s program inventory is available on GC InfoBase.^Footnote 29

Planned human resources for Energy Information

The following table shows, in full time equivalents, the human resources the department will need to fulfill this core responsibility for 2022–23 and for each of the next two fiscal years.

Financial, human resources and performance information for the CER’s program inventory is available on GC InfoBase.^Footnote 30

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 Canadians, and sharing information to collaboratively identify and address issues while improving the way the organization works.

The CER engages with diverse groups of people on decisions that directly affect them. Through the Stakeholder Engagement Program and the Indigenous Engagement Program we tailor engagement to reflect the unique relationships we have with those impacted by our work, notably Indigenous peoples, landowners, stakeholders, and industry. The CER also has a number of unique partnerships, working in collaboration with other regulators, Indigenous communities (e.g., through its joint Indigenous Advisory Monitoring initiatives with both IAMCs), organizations, and with other government departments.

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. The CER is also making efforts to engage earlier than in the past to effectively incorporate the input it receives in the planning phases of projects and initiatives.

Our country is large and diverse. Each region has unique interests and challenges, and the CER’s work impacts people in different ways. The CER is exploring how it can better understand both national and regional perspectives of its work while making sure it is equipped to engage effectively across Canada. Employing technology and digital engagement tools is key to making it easier for the public to work with the CER in a format that works for them (e.g., how they want, when they want, and where they want). The CER is also mindful of the reality of consultation or engagement “fatigue”, and the importance of focusing and streamlining our engagement activities so that they work best for partners and stakeholders.

The CER has evolved its Engagement programs to not simply measure success by the number of meetings it has, but by the extent to which it meaningfully engages Indigenous peoples and stakeholders. Meaningful engagement occurs when the CER seeks to understand the issues, interests and changing values of Canadians, and how those relate to regulatory oversight. The CER will continue to monitor and manage its engagement activities, while at the same time, shift performance focus to two key results in our departmental performance framework: that input influences the CER’s decisions and work, and that engagement is meaningful.

To support the Engagement core responsibility in 2022–23, the CER will:

• engage with IAMCs, the Land Matters Group (LMG), industry associations, and national/ regional municipal organizations;
• develop a National Engagement Strategy and expand relationships with Indigenous peoples and stakeholders at the national and regional levels;
• provide support to CER program areas working to engage Indigenous peoples and stakeholders to develop monitoring program improvements, new Crown Consultation, and early engagement practices;
• enhance the use of digital engagement tools in engagement practices;
• examine new ways to provide support to stakeholders and rights holders to engage with the CER outside of hearing processes; and
• 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.
• The CER 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.

United Nations’ (UN) 2030 Agenda for Sustainable Development and the UN Sustainable Development Goals

• Building renewed relationships with our Indigenous partners and stakeholders supports the goals of SDG 7: Ensure access to affordable, reliable, sustainable, and modern energy for all and SDG 9: Build resilient infrastructure, promote inclusive and sustainable industrialization and foster innovation, as Indigenous people and stakeholders provide input that improves decision-making, regulatory processes, Indigenous monitoring and oversight, and policy development.

Experimentation

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

Planned results for Engagement

The CER engages with people and organizations impacted by and/or interested in our regulatory activities and mission. These people provide valuable input into our decisions and how we approach our work. Well managed and coordinated engagement builds trust, helps build effective long-term positive relationships for the organization, and ultimately, leads to better regulatory oversight and decision-making. We have made a conscious decision to build a performance framework that focuses on proactive engagement, using what we hear to improve outcomes and ensuring engagement is meaningful.

In 2020–21, there is concrete evidence that input from Indigenous peoples and stakeholders influences our decisions and work. This includes, but is not limited to, the CER’s work with the IAMCs, the LMG Advisory Committee, and the Aboriginal Liaison Program – a partnership with the British Columbia Oil and Gas Commission and other provincial departments. These partnerships provide the CER with valuable insights and opportunities to engage on matters including land matters, Indigenous monitoring, policy development, and regulatory oversight during the COVID-19 pandemic. For 2022–23, our planned results include a continued focus on ensuring there are concrete examples of improvements to how we work directly related to input received, and that the majority of participants in our engagement activities indicate the engagement was meaningful.

The following table shows, for Engagement, the planned results, the result indicators, the targets, and the target dates for 2022–23, and the actual results for the three most recent fiscal years for which actual results are available.

The financial, human resources and performance information for the CER’s program inventory is available on GC InfoBase.^Footnote 31

Planned budgetary financial resources for Engagement

The following table shows, for Engagement, budgetary spending for 2022–23, as well as planned spending for that year and for each of the next two fiscal years (dollars).

Financial, human resources and performance information for the CER’s program inventory is available on GC InfoBase.^Footnote 32

Planned human resources for Engagement

The following table shows, in full time equivalents, the human resources the department will need to fulfill this core responsibility for 2022–23 and for each of the next two fiscal years.

Financial, human resources and performance information for the CER’s program inventory is available on GC InfoBase.^Footnote 33

Date modified:

2023-11-27