Canada Energy Regulator – 2021–22 Departmental Results Report – Results: what we achieved

The 2021–22 actual results included in this Departmental Results Report are based on unaudited financial statements.

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.

Results

Preventing harm is the foundation of how the CER keeps people safe and protects the environment. The CER aims to achieve zero incidents, meaning there is no harm to people or the environment on the energy infrastructure it regulates. The CER follows a risk-based approach in planning and conducting compliance verification activities (CVA) and when the activities of regulated companies have the potential to pose greater harm to people or the environment, the CER focuses increased oversight through engagement, inspections, investigations, audits, and enforcement, when necessary.

In addition to CVAs, the CER provides oversight in other ways such as:

Analyzing the root causes of incidents to ensure appropriate corrective or preventive actions are identified.
Examining documents related to conditions of authorizations to verify that companies are taking the necessary steps to comply with these conditions
Responding to emergencies when they happen to verify that companies are protecting the safety of people and minimizing environmental damage.
Reviewing Operations & Maintenance notifications as part of ongoing oversight of operating facilities.
Reviewing Notices of Contamination to oversee companies' management of contamination and remediation activities.

In 2021–22, there were 2309 active conditions on facility authorizations, and compliance with those conditions was 100 per cent.

The CER conducted 239 CVAs, which included:

107 Inspections
18 Emergency Response Exercises
6 Management System Audit Reports
16 Compliance Screening Meetings
30 Implementation Assessment Meetings
60 Information Exchange Meetings
2 Manual Reviews

In 2021–22, there were a total of 42 incidents that harm people or the environment reported to the CER compared to 19 in 2020–21. Of the 42 incidents in 2021–22, 34 (or 80 per cent) occurred during construction. The CER continues to implement several oversight activities to mitigate risks, including targeted meetings with specific companies, and adjustments to compliance plans as incidents come in.

Indigenous Monitors

The CER is committed to advancing Reconciliation with Indigenous peoples and finding new ways to include Indigenous peoples in the oversight of federally-regulated infrastructure. The organization continues to increase the involvement of Indigenous Monitors in its compliance activities, which builds trust and confidence with Indigenous peoples, while simultaneously strengthening its environment and safety oversight. The first phase of the CER’s Indigenous Monitoring Program^Footnote 19 continued to move forward establishing contracts to enable the participation of Indigenous Monitors for several projects on the NOVA Gas Transmission Limited (NGTL) 2021 System Expansion Project^Footnote 20, including the Edson Mainline Expansion Project^Footnote 21 and North Corridor Expansion Project^Footnote 22.

CER Response to Floods in British Columbia

On 14 November 2021, extreme weather impacted the Lower Mainland and interior of BC; floods washed over homes, businesses, and communities. CER-regulated facilities were among the infrastructure impacted. Over several weeks, Trans Mountain Corporation (Trans Mountain) and Enbridge Pipelines Ltd. (Enbridge) reported numerous exposures of pipeline infrastructure and implemented precautionary shutdowns.

Experts from across the organization focused on the response to the flooding in BC to ensure the safety and protection of the public, workers, Indigenous communities, and the environment. A Crisis Management Team and a Virtual Emergency Operations Centre were established, and a Field Response Team was deployed for 17 days to oversee company actions.

The IAMC-TMX played a significant role in the BC flood response, with IAMC Indigenous Monitors onsite with CER Inspection Officers.

CER staff worked closely with Trans Mountain and Enbridge to ensure the safe return of the operating lines to full service. There were no injuries, releases, or other significant impacts to federally regulated infrastructure attributed to the BC Floods.

The CER organized several technical sessions with stakeholders and Indigenous peoples affected by newly approved NGTL projects. The goal of these sessions was to encourage two-way dialogue with these groups and increase their awareness of the roles and responsibilities of the CER during pipeline construction and operations.

Trans Mountain Expansion Project (TMEP)

In 2021–22, construction activities on the TMEP^Footnote 23 continued across all work areas, including at terminals, pump stations, and the Burnaby Tunnel. The company’s activities, and the CER’s oversight of the TMEP, were carried out against the backdrop of the ongoing COVID-19 pandemic, an unprecedented wildfire season in the summer, and the extreme weather event causing flooding in BC. The CER’s oversight was conducted with due consideration to the public health orders in both Alberta and BC and the company’s construction schedule. The CER’s Inspection Officers were considered essential employees, and therefore not impacted by travel restrictions within and across BC. This meant they could continue conducting inspections.

The CER undertook 50 CVAs on TMEP specifically this year, including inspections, emergency response exercises, and compliance meetings. Review of project condition compliance filings continued throughout the year.

100^th CVA Completed with IAMC Indigenous Monitors for TMEP

The CER completed its 100th CVA with IAMC Indigenous Monitors for the TMEP. This is an exceptional milestone for the IAMC-TMX and the CER. The CER’s compliance verification activities were informed by the IAMC-TMX and through collaboration with Indigenous Monitors. A key area of focus this year of the Indigenous Monitoring Program was on Sites of Indigenous Significance (SIS) along pipeline routes.

The CER worked closely with the IAMC-TMX and Indigenous Monitors to address considerations related to the confidentiality of SIS locations and potential project impacts on these sites. Multiple workshops were held to redefine how SIS should be protected and how companies should engage with affected communities. As a result, the TMEP has improved processes and transparency with respect to chance finds.

A series of incidents occurred on the TMEP over the year, including several serious injuries and adverse environmental effects. In all cases, the CER actively followed up on the company’s investigations of these incidents and acted where necessary.

Onshore Pipeline Regulations (OPR) Review

The CER is undertaking the first-ever comprehensive review of its principal regulation for the oversight of pipelines^Footnote 24, the OPR. The review includes updates to align the OPR with the CER Act and represents how the CER will deliver on commitments to enhance Canada’s global competitiveness. It also represents how the CER will transform the way it and its regulated companies will work with Indigenous peoples across the lifecycle of regulated facilities. Reconciliation is a prominent theme within the review, building on important work completed previously with the CER’s Indigenous partners, including the IAMCs.

In December 2021, the CER launched the first phase of engagement for the OPR Review and worked with Indigenous peoples, regulated companies, and interested stakeholders across Canada to gather feedback on approaches for engagement and to test key themes for improvement.

The CER developed a Discussion Paper^Footnote 25 to identify possible areas of change and to focus on early engagement activity. This Discussion Paper outlines questions for input, which will assist with future policy and regulation development. Topics addressed in it include lessons learned, Reconciliation with Indigenous peoples, engagement and inclusive participation, global competitiveness, safety and environmental protection, and implementation.

With the help of the Impact Assessment Agency of Canada^Footnote 26, funding was made available to support the participation of Indigenous peoples in the first phase of the OPR Review for the Discussion Paper. There was an unprecedented level of interest from Indigenous peoples, with over 90 applications for funding from Indigenous peoples and communities across Canada. Input received from this phase will be summarized in a “What We Heard” report, expected to be released in 2022–23, and will inform the next phase of the review.

Safety Culture

The CER has made a commitment to building an understanding of what safety culture is and how companies can improve theirs. This past year the CER published an external-facing Safety Culture Learning Portal^Footnote 27 that covers guidance on assessments, learning moments, an updated CER Safety Culture Statement, annual survey results, and the results of two CER hosted industry workshops. The CER also lead a Canadian Standards Association Express document on Human & Organizational Factors^Footnote 28. The document was released for public comment, which ended December 2021, and was published in May 2022.

Gender-based Analysis Plus

The CER enforces specific conditions placed on an applicant relating to Gender-based Analysis Plus (GBA Plus) matters in the application assessment process in subsequent oversight activity.
The CER conducts a GBA Plus analysis pursuant to the Cabinet Directive on Regulation^Footnote 29 for its regulation development projects. The CER continues to improve and strengthen its regulatory framework by assessing the impact that proposed regulatory framework changes could have on Canadians from identifiable groups and making it more accessible to all Canadians. We have leveraged efforts made through the Data and Digital Innovation Strategic Priority to reach a wider audience for our consultations.
Communications with regulated industry uses gender-neutral terms and promotes gender-neutral terminology.

Experimentation

The CER explored ways to extract environmental and socio-economic data and images from regulatory filing submissions to help the regulator and communities – including Indigenous communities – monitor and gain insights to prevent harm to people and the environment. The Community Profiles Prototype application was co-developed by the CER, the Indigenous Partnerships Office of NRCan and the IAMC-TMX. The interactive map can be used by Indigenous Monitors, via a handheld device, to access up-to-date community information specific to the Trans Mountain Pipeline and TMEP.
Information about contaminated sites and remediation related to CER-regulated facilities was made more accessible in interactive maps on the CER’s Pipeline Profiles^Footnote 30 pages for Indigenous peoples and stakeholders. The dashboards were built using technology that allowed for fast rendering, even on slower internet connections in remote locations. It also includes innovative features such as the ability to find sites within a distance from any location.
The CER also enhanced the transparency and accessibility of our Operations Regulatory Compliance Application (ORCA). IAMC Indigenous Monitors are now able to be assigned and work directly in the application, with documents and exchanges with regulated companies being visible and transparent to all parties.

Results achieved

The following table shows, for Safety and Environment Oversight, the results achieved, the performance indicators, the targets, and the target dates for 2021–22, and the actual results for the three most recent fiscal years for which actual results are available.

Safety and Environment Oversight – Results achieved
Departmental results	Performance indicators	Target	Date to achieve target	2019–20 actual results	2020–21 actual results	2021–22 actual results
Harm to people or the environment, throughout the lifecycle of energy-related activities, is prevented.	Number of serious injuries and fatalities related to regulated infrastructure.	Exactly 0	March 2022	7^{Table Note a}	12	22
	Number of incidents related to regulated infrastructure that harm the environment.	Exactly 0	March 2022	2	7^{Table Note a}	20
	Percentage of unauthorized activities on regulated infrastructure that involve repeat violators.	At most 15%	March 2022	12%	11%^{Table Note a}	10%
Table Note Table Note a The CER reports from a real-time database environment and includes all events reported during the fiscal year. As regulated companies report more information on an event or data is validated by CER staff, the status of an event may change from reportable to not reportable or vice versa. Return to table note a referrer

Budgetary financial resources (dollars)

The following table shows, for Safety and Environment Oversight, budgetary spending for 2021–22, as well as spending for that year.

Safety and Environment Oversight – Budgetary financial resources (dollars)
2021–22 Main Estimates	2021–22 planned spending	2021–22 total authorities available for use	2021–22 actual spending (authorities used)	2021–22 difference (actual spending minus planned spending)
25,473,425	25,473,425	25,770,209	24,544,585	(928,840)

Human resources (full-time equivalents)

The following table shows, in full-time equivalents, the human resources the department needed to fulfill this core responsibility for 2021–22.

Safety and Environment Oversight – Human resources (full-time equivalents)
2021–22 planned full-time equivalents	2021–22 actual full-time equivalents	2021–22 difference (actual full-time equivalents minus planned full-time equivalents)
144.5	150.7	6.2

Financial, human resources and performance information for the CER’s Program Inventory is available in GC InfoBase.^Footnote 31

Energy Adjudication

Description

Making decisions or recommendations to the Governor in Council (GIC) 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.

Results

Crown Consultation Coordinator

The ongoing process of Reconciliation is reflected in the CER’s approach to Crown consultation in its adjudication of energy projects. The CER’s Crown Consultation Coordinator activities are conducted in a way that is consistent with the Crown’s obligations and commitments, including by the UN Declaration, the Calls To Action of the Truth and Reconciliation Commission, and the Principles respecting the Government of Canada’s relationship with Indigenous peoples. Throughout 2021–22, the CER continued to develop and enhance its approach to Crown consultation. Many learnings have been gained through feedback from Indigenous communities, the Board, the IAC, and the Commission.

The CER’s Crown Consultation Coordinator met with 21 Indigenous communities for the NGTL West Path 2023 Delivery Project^Footnote 32 throughout 2021–22 to engage in two-way dialogue on potential impacts of the applied-for project on the rights and interests of Indigenous peoples. This work continues into the 2022–23 fiscal year as Crown consultations on the project shift to supporting the GIC decision on the Project. For NorthRiver Midstream NEBC Connector Project^Footnote 33, Crown consultations in 2021–22 focused on building relationships with the 35 Indigenous communities on the Crown list. These consultation activities highlighted key areas of concern for Indigenous communities, including cumulative effects methodologies, cumulative impacts to the rights of Indigenous peoples, and meaningful economic inclusion.

CER had several firsts in Crown consultation during 2021–22, including:

the first Crown submission to be filed in an adjudicative process before the Commission for the TMEP West Alternative Route.
the first two section 183 applications in which Crown consultation activities are led by the CER: NGTL West Path 2023 Delivery Project and NorthRiver Midstream NEBC Connector Project.
the first occasion where the CER responded to information requests within a Commission proceeding from Indigenous intervenors in relation to a Crown consultation submission.

The CER expanded networks with other federal authorities, such as Environment and Climate Change Canada^Footnote 34 and Crown-Indigenous Relations and Northern Affairs Canada^Footnote 35, to enable a whole-of-government response to impacts on Indigenous communities. This included building relationships with key operational contacts from federal authorities to support Crown consultation for the NGTL West Path 2023 Delivery Project and NorthRiver Midstream’s NEBC Connector Project, and raising cross-cutting policy issues at the Impact Assessment Committees.

TMEP Detailed Route Hearings

The TMEP’s remaining detailed route hearings ended in 2021–22, with 100 per cent of the route finalized. Opposition to various detailed route hearings were withdrawn because Trans Mountain reached agreements with those opposed, including Semà:th First Nation's hearing concerning lands through the Lightning Rock area in BC’s Lower Mainland.

The Commission approved a route variance involving an alternative route outside the approved corridor in the Coldwater Valley area of BC, also referred to as the TMEP West Alternative Route. This was the first facilities hearing completed under the CER Act, and the first project that included CER-led Crown consultation coordinator activities.

The Commission continues to adjudicate on route deviation applications, which involve minor adjustments to the route within the approved pipeline corridor, and rights-of-entry and utility crossing applications.

Tolls and Tarif Applications

The Commission adjudicated several tolls and tariff applications, including:

Enbridge Application for Canadian Mainline Contract Service^Footnote 36
NGTL’s Firm Transportation – Linked North Montney Service^Footnote 37
Secure Energy’s Application for Transmission Service on the Westspur Pipeline [Folder 3890510]^Footnote 38
Campus Energy’s Application for Approval of Tolls and Terms and Conditions of service for the Suffield Pipeline System [Folder 3908276]^Footnote 39
Canadian Natural Resources Ltd’s Application for Access and Tolls [Folder 4083949]^Footnote 40

Role of the CER’s Commission

The Commission has several responsibilities, including making decisions on tolls and tariff applications and applications for pipelines under 40 km. Applications for pipelines greater than 40 km would require GIC approval based on a Commission recommendation. Any project that proposes more than 75 km of new right-of-way would require an integrated review process led by the Impact Assessment Agency of Canada.

While the Commission carries out its responsibilities independently, it is part of the CER and contributes to the overall delivery of the CER mandate.

For more information on Commission decisions and recommendations, please see the CER website.

The Enbridge Application for Canadian Mainline Contract Service was of particular significance as it was the first time a major existing Canadian oil pipeline applied to switch a large portion of its capacity to long-term contracts without a major proposed project. It also included a unique hearing process where oral cross-examination was completed in a virtual environment, with 39 Intervenors participating. The Commission denied Enbridge's application to enter long-term contracts on the Canadian Mainline pipeline for 90 per cent of the system's capacity, noting that the proposal would have caused a foundational shift in oil transportation by leaving less than 20 per cent of total pipeline capacity out of Western Canada for monthly oil shipments.

For further details on adjudicative decisions and recommendations to the GIC from the CER, please see the 2021–22 Annual Report of the Commission of the CER^Footnote 41.

Participant Funding Program

The Participant Funding Program (PFP)^Footnote 42 facilitates the participation of all eligible Intervenors in public hearings, as well as Indigenous peoples during early engagement and those involved in Crown consultation activities during the Commission’s hearing process. In March 2021, the CER updated the PFP Terms and Conditions to allow funding for Northern hearings and Crown consultation activities. It also enabled grants for early engagement and allowed 15 per cent administration costs for Indigenous recipients. In December 2021, the funding maximums were revised to meet evolving needs around participation in new hearing types and Crown consultation activities.

Filing Manual Updates

Updates to the CER’s technical requirements^Footnote 43 as set out in the CER’s Filing Manual^Footnote 44 have been initiated, including allowing for a public comment period for each section of technical updates. Updated sections for abandonment and decommissioning have been finalized, and several other sections relating to supply and markets, confidentiality, and variance applications have been published for comment periods. Ongoing technical updates will occur throughout 2022–23.

Gender-based Analysis Plus

Section 183.2 (c) of CER Act outlines GBA Plus 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 issued filing guidance on assessing GBA Plus requirements in applications and assessed applications accordingly.
The CER’s Hearing Managers, Process Advisors, and Socio-Economic Specialists ensured that the CER’s early engagement activities, Alternative Dispute Resolution services, and adjudicative processes are accessible to Canadians from identifiable groups.

Experimentation

Application Dashboards were developed on the CER’s project-specific websites for public hearings, including the NorthRiver Midstream NEBC Connector Project^Footnote 45. This new product helps hearing participants gain greater visibility on the hearing process timeline, understand next steps, and easily access key information to effectively participate and share their views and evidence.
The CER continued mining and structuring regulatory documents to make CER data more searchable and usable for research, analysis, and decision making. This included the development of BERDI to enable broader public access to data contained in Environmental and Socio-Economic Assessments received between the years 2003 and 2019.

Results achieved

The following table shows, for Energy Adjudication, the results achieved, the performance indicators, the targets and the target dates for 2021–22, and the actual results for the three most recent fiscal years for which actual results are available.

Energy Adjudication – Results achieved
Departmental results	Performance indicators	Target	Date to achieve target	2019–20 actual results	2020–21 actual results	2021–22 actual results
Energy adjudication processes are fair.	Percentage of adjudication decisions overturned on judicial appeal related to procedural fairness.	Exactly 0%	March 2022	0%	0%	0%
Energy adjudication processes are timely.	Percentage of adjudication decisions and recommendations that are made within legislated time limits and service standards.	Exactly 100%	March 2022	100%	83%^{Table Note a}	83%
Energy adjudication processes are transparent.	Percentage of surveyed participants who indicate that adjudication processes are transparent.	At least 75%	March 2022	79%	80%	89%
Energy adjudication processes are accessible.	Percentage of surveyed participant funding recipients who agree that participant funding enabled their participation in an adjudication process.	At least 90%	March 2022	100%	100%	94%
Table Note Table Note a This number has been updated from the 2020–21 Departmental Results Report. Return to table note a referrer

Budgetary financial resources (dollars)

The following table shows, for Energy Adjudication, budgetary spending for 2021–22, as well as actual spending for that year.

Energy Adjudication – Budgetary financial resources (dollars)
2021–22 Main Estimates	2021–22 planned spending	2021–22 total authorities available for use	2021–22 actual spending (authorities used)	2021–22 difference (actual spending minus planned spending)
19,419,562	19,419,562	20,258,800	17,722,847	(1,696,715)

Human resources (full-time equivalents)

The following table shows, in full time equivalents, the human resources the department needed to fulfill this core responsibility for 2021–22.

Energy Adjudication – Human resources (full-time equivalents)
2021–22 planned full-time equivalents	2021–22 actual full-time equivalents	2021–22 difference (actual full-time equivalents minus planned full-time equivalents)
107.0	104.1	(2.9)

Financial, human resources and performance information for the CER’s Program Inventory is available in GC InfoBase.^Footnote 46

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.

Results

The CER produces neutral and fact-based energy analysis to inform the energy conversation in Canada. Providing access to relevant, accurate, and timely energy data and information supports the public dialogue on energy issues and decision-making by Canadians, governments, industry, and other stakeholders.

Canadians have used CER publications in a variety of knowledge areas, including energy, policy, and healthcare. In the past year, topics related to emissions, renewables, and energy security have been the most cited or accessed. Canadian citizens, journalists, and policy advisors came to CER in increasing numbers over 2021–22 in search of timely and relevant energy information, mostly driven by the conflict in the Ukraine. Our experts have responded with new oil and gas production forecasts, advisements on pipeline capacity, and created a new Market Snapshot with an updated view on crude oil and refined petroleum products imports.

During the 2021–22 fiscal year, the CER’s Energy Information products, reports, and statistics included:

29 new online energy information products
12 Reports and 17 Market Snapshots
More than 1.3 million energy information web page views
132 information request responses
85 collaborative engagements with energy stakeholders
135 citations of energy and pipeline information sourced as a reference in major online publications

Canada’s Energy Future 2021

Providing Canadians and decision-makers with the energy information that helps inform the energy transition to a low-carbon economy is also one of the ways the CER is advancing its work as part of its Competitiveness Strategic Priority. One of the most significant energy information products that the CER released in 2021–22 was Canada’s Energy Future 2021 Report: Energy Supply and Demand Projections to 2050^Footnote 47 (Energy Futures 2021).

The Energy Futures 2021 report is the CER’s long-term energy supply and demand outlook. The report generated considerable dialogue in the media, on social media, and with energy experts about the future of energy in Canada. Following its release, the Minister of Natural Resources requested that the CER undertake a scenario analysis of supply and demand for all energy commodities (clean fuels, electricity, and oil and gas) consistent with Canada achieving net-zero emissions by 2050.

All data released as part of Energy Futures, including the results from the net-zero scenarios, is available on Open Government: Canada’s Energy Future 2021: Energy Supply and Demand Projections to 2050 – Open Government Portal^Footnote 48.

Enhancing the CER’s Pipeline Profiles

The CER continues to invest in compiling and releasing data on the safety, environmental, and economic performance of the pipelines and powerlines it regulates. This data is 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 web portal^Footnote 49 – a single place to find detailed information and regularly updated data on significant oil and natural gas pipelines regulated by the CER.

Over the 2021–22 fiscal year, several important new features were added to the Pipeline Profiles. For example, two new dashboards were added in the Safety and Environment section of each Pipeline Profile, providing summary statistics and visualizations on contaminated sites and remediation and operations and maintenance activities. In addition, a new profile was introduced for Enbridge’s Line 9 pipeline. With the introduction of this new profile, the Pipeline Profiles now provide comprehensive data on 92 per cent of the pipeline kilometres regulated by the CER.

In June, the CER released Canada’s Pipeline System 2021^Footnote 50, which provided an overview of Canada’s major pipeline transportation systems for three energy commodities: crude oil, natural gas, and natural gas liquids. It explored recent commodity market trends, pipeline capacity and utilization levels, and the CER’s economic regulation of pipelines. The report received widespread media coverage over radio, broadcast, and web.

Increasing Collaboration – Broadening the CER’s Reach

Policymakers, regulators, and stakeholders need high quality energy information to enable Canada’s transition to a low carbon economy. For that reason, the CER worked to develop deeper connections and broader collaboration with stakeholders and partners in 2021–22. The CER worked with the Canadian Centre for Energy Information (CCEI)^Footnote 51 to simplify access for seekers and users of Canada’s energy data. CCEI is a partnership between Statistics Canada^Footnote 52 and NRCan^Footnote 53, in collaboration with Environment and Climate Change Canada and the CER.

In June, the CER and Statistics Canada jointly published "Canadian Crude Oil Exports: A 30 Year Review"^Footnote 54 This retrospective combined data from both departments to highlight factors that influenced Canadian crude oil export trends. It also showcased impacts on the Canadian balance of trade, crude oil production, and industry investment. In January 2022, a Memorandum of Understanding between the CER and Transport Canada^Footnote 55 was signed as part of the CCEI strategy to unite reputable government data programs for data-informed decisions.

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 GBA Plus analysis lens in mind. We will also continue to ensure our energy information products meet all Government of Canada accessibility guidelines.

Experimentation

The CER committed to exploring technologies to find innovative ways to analyze and share energy information, and to enable users to explore the information on their own. We have experimented with using open-source models, specifically the Python for Power System Analysis (PyPSA) tool, to design a prototype for a real-time electricity dashboard, which is now led by the CCEI. The model is a core part of the Energy Futures Modelling System and was used to model the six net-zero electricity scenarios in Energy Futures 2021.
We have conducted three user studies for the Pipeline Information program to validate directions for the program – two studies with the CER staff, and a more extensive one interviewing members of the public in the Eastern Region.
The CER also studied the potential application of blockchain technology to trade statistics by observing, on behalf of the Government of Canada, a 6-month pilot project sponsored by the United States Department of Homeland Security. Our key learning is that the application of this technology to the collection of regulatory trade statistics would require a horizontal and 'whole of government' approach involving multiple government departments.

Results achieved

The following table shows, for Energy Information, the results achieved, the performance indicators, the targets, and the target dates for 2021–22, and the actual results for the three most recent fiscal years for which actual results are available.

Energy Information – Results achieved
Departmental results	Performance indicators	Target	Date to achieve target	2019–20 actual results	2020–21 actual results	2021–22 actual results
Canadians access and use energy information for knowledge, research or decision-making.	Evidence that Canadians access and use CER energy information products and specialized expertise, including community-specific information, for knowledge, research or decision-making.	Narrative evidence	March 2022	N/A^{Table Note a}	N/A^{Table Note a}	Refer to narrative in the Results section
Canadians have opportunities to collaborate and provide feedback on Canada Energy Regulator information products.	Number of opportunities that Canadians have to collaborate and provide feedback on energy information products.	At least 85	March 2022	56	113	85
Table Note Table Note a This is a new measure introduced in 2021–22. Results for previous years are not available. Return to table note a referrer

Budgetary financial resources (dollars)

The following table shows, for Energy Information, budgetary spending for 2021–22, as well as actual spending for that year.

Energy Information – Budgetary financial resources (dollars)
2021–22 Main Estimates	2021–22 planned spending	2021–22 total authorities available for use	2021–22 actual spending (authorities used)	2021–22 difference (actual spending minus planned spending)
8,112,706	8,112,706	8,208,531	8,716,482	603,776

Human resources (full-time equivalents)

The following table shows, in full time equivalents, the human resources the department needed to fulfill this core responsibility for 2021–22.

Energy Information – Human resources (full-time equivalents)
2021–22 planned full-time equivalents	2021–22 actual full-time equivalents	2021–22 difference (actual full-time equivalents minus planned full-time equivalents)
54.4	48.2	(6.2)

Financial, human resources and performance information for the CER’s Program Inventory is available in GC InfoBase.^Footnote 56

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.

Results

The CER engages with diverse groups of people on decisions that directly affect them. The Stakeholder Engagement Program and the Indigenous Engagement Program help the whole organization tailor engagement activities to reflect the unique relationships with those impacted by its work, notably Indigenous peoples, landowners, and industry.

While engagement continued to be impacted by the pandemic last year, the CER explored ways to engage differently, in a largely virtual environment. Virtual engagement allowed us to engage more inclusively and more frequently, without the constraints of pandemic restrictions, travel budgets and time. We have also learned that in-person engagement remains important to build meaningful relationships. Moving forward, we will use these learnings and insights to develop even better engagement strategies. Improving coordination and planning is a key priority, as the CER has heard from participants that they have limited capacity both in terms of budget and resources to contribute to multiple engagement initiatives.

Engagement with Indigenous Peoples

The work underway with the IAMCs and the IAC represents important steps towards building trust and mutual capacity between the CER and Indigenous Nations and communities impacted by CER-regulated infrastructure. The CER is confident that the enhanced involvement of First Nations, the Métis Nation, and the Inuit will bring meaningful changes to how the CER works.

The CER’s Strategic Plan has benefited from advice from the IAC, which includes clear commitments and concrete initiatives to build strong and respectful relationships with Indigenous peoples. With the advice and support of the IAC, the CER is enhancing how Indigenous perspectives can be incorporated into every level of the organization and its work through co-design and co-development:

The IAC’s advice has directly influenced the CER’s Crown consultation and accommodation approach and the recently initiated, comprehensive OPR Review.
The CER established an Indigenous Monitor Bridging Program, which provided opportunities for Indigenous Monitors to join the CER as Regulatory Compliance Officers and train to become designated Inspection Officers.
The CER organized several technical sessions with stakeholders and Indigenous peoples affected by newly approved NGTL projects. The goal of these sessions was to encourage two-way dialogue with these groups and increase their awareness of the roles and responsibilities of the CER during pipeline construction and operations.

IAC Progress to Date

The CER’s IAC launched in August 2020 to provide broad and strategic advice to the Board on how to build a renewed relationship with First Nations, the Métis Nation, and Inuit communities. The first year and a half of the IAC’s work focused on building the committee’s foundation: developing relationships between the IAC, CER Board of Directors, and senior staff; influencing the Strategic Plan of the CER and co-endorsing a robust three-year work plan.

The IAC’s advice has had a significant impact on the strategic direction of the CER, and its recommendations are helping advance Reconciliation within the CER’s mandate. In March 2022, the first annual IAC Progress and Impact Report was released, covering August 2020 through March 2022. The Report describes how the IAC has influenced the strategic direction of the CER, building strong relationships with the Board of Directors and CER staff, working towards implementing the UN Declaration within the CER mandate and changing the way the CER regulates.

The CER will continue to learn from the IAC about how it can incorporate Indigenous perspectives into every level of the organization and its work.

In addition, the CER is working with the Elders Knowledge Circle, through the United Way^Footnote 57, to receive advice on stewardship of public hearing transcripts and audio files of Treaty 7 Nations within the CER’s information holdings. Meetings are being held with elders from all five Treaty 7 Nations: the Piikani, Siksika, Kainai, Stoney-Nakoda, and the Tsuut’ina, to explore best practices and identify approaches that could apply more broadly.

Engagement with Stakeholders

The former National Energy Board Cost Recovery Regulations^Footnote 58 are being updated to reflect the changes in the regulation-making authority introduced by the CER Act. The review includes updates for alignment with the CER Act and represents part of how we will deliver our commitments to enhance Canada’s global competitiveness. The CER released a Regulatory Proposal on the CER and Consulting with Canadians websites to seek feedback on proposed amendments for the cost recovery regulations. The proposed amendments included changes to the allocation for recovering costs from small, intermediate, and large oil and gas pipelines as well as a methodology to recover costs from project applicants who are not currently regulated by the CER and for project applications that are denied and withdrawn. Feedback received was posted on the CER website and generally indicated a preference to maintain the existing methodology for cost allocation when compared to the proposed changes. A second round of engagement on an updated Regulatory Proposal is planned for late 2022–23.

In November 2021, the CER held a virtual Damage Prevention Workshop with approximately 150 people in attendance from 36 different companies. The workshop focused on the Damage Prevention Regulations^Footnote 59 contravention data and using that data to inform and improve Damage Prevention programs and CER enforcement.

The Land Matters Group Advisory Committee (LMG AC)^Footnote 60 continued to advance the three strategic issues identified in the LMG AC work plan: landowner engagement, company access to properties, and damages. In addition, the quarterly newsletter has grown by providing readers with more in-depth lands related information.

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 use a GBA Plus 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 Canadians from identifiable groups may experience engagement policies, programs, and projects differently.

Experimentation

The CER expanded its use of online participatory engagement tools and feedback mechanisms in 2021–22, to better identify and share information at the community level. Stemming from a request from the IAMC-TMX, CER staff collaborated with Indigenous Partnerships Office of NRCan as co-federal lead and Indigenous communities to develop the Community Profiles tool for CER Inspection Officers and IAMC Indigenous Monitors to remotely access community information relevant to inspection areas. This helps to connect Indigenous Monitors with local resources that can identify specific Indigenous community issues or interests that could be relevant to their work.

Results achieved

The following table shows, for Engagement, the results achieved, the performance indicators, the targets and the target dates for 2021–22, and the actual results for the three most recent fiscal years for which actual results are available.

Engagement – Results achieved
Departmental results	Performance indicators	Target	Date to achieve target	2019–20 actual results	2020–21 actual results	2021–22 actual results
Input provided by Indigenous peoples and stakeholders influences the Canada Energy Regulator’s decisions and work.	Evidence that input from Indigenous peoples and stakeholders influences the Canada Energy Regulator’s decisions and work.	Narrative evidence	March 2022	N/A^{Table Note a}	Narrative^{Table Note b}	Refer to narrative in the Results section
Indigenous peoples and stakeholders provide feedback that engagement with the CER is meaningful.	Percentage of participants in engagement activities who indicate that the engagement was meaningful.	At least 75%	March 2022	84%	80%	72%
Table Note Table Note a New qualitative (narrative) indicator effective 2020–21; results not available for prior years. Return to table note a referrer Table Note b Refer to narrative of corresponding year’s DRR. Return to table note b referrer

Budgetary financial resources (dollars)

The following table shows, for Engagement, budgetary spending for 2021–22, as well as actual spending for that year.

Engagement – Budgetary financial resources (dollars)
2021–22 Main Estimates	2021–22 planned spending	2021–22 total authorities available for use	2021–22 actual spending (authorities used)	2021–22 difference (actual spending minus planned spending)
10,789,049	10,789,049	11,089,417	8,732,565	(2,056,483)

Human resources (full-time equivalents)

The following table shows, in full time equivalents, the human resources the department needed to fulfill this core responsibility for 2021–22.

Engagement – Human resources (full-time equivalents)
2021–22 planned full-time equivalents	2021–22 actual full-time equivalents	2021–22 difference (actual full-time equivalents minus planned full-time equivalents)
47.6	51.4	3.8

Financial, human resources and performance information for the CER’s Program Inventory is available in GC InfoBase.^Footnote 61

Internal services

Description

Internal services are those groups of related activities and resources that the federal government considers to be services in support of programs and/or required to meet corporate obligations of an organization. Internal services refers to the activities and resources of the 10 distinct service categories that support program delivery in the organization, regardless of the internal services delivery model in a department. The 10 service categories are:

acquisition management services
communication services
financial management services
human resources management services
information management services
information technology services
legal services
material management services
management and oversight services
real property management services

Results

The CER’s Internal Services continued to support the organization in adapting efficiently to the circumstances of the COVID-19 pandemic. Successful delivery of IT-enabled business projects ensured seamless delivery of the CER’s core responsibilities through the continued work-from-home mandate. In accordance with direction from the Government of Canada, the CER implemented a vaccination policy for its staff and developed a Vaccination Attestation Tracking System where employees could verify their vaccination status. The CER also created a new user-friendly and accessible web-based application for Interim Work Agreements to support the launch of a Hybrid Workplace Pilot.

Data and Digital Development

Investment in data and digital training was high during 2021–22, responding to the CER’s commitment to build a strong data and digital culture across the organization, and enhance public trust by increasing the accessibility of data and information through open data sets and user-friendly interfaces. The CER implemented advanced data training programs to upskill staff in a wide range of data specializations. Additionally, the CER created a Data Community of Practice to foster enterprise-wide innovation and established a Skills Inventory.

The results of this investment is evident across the CER’s Core Responsibilities, with the successful completion of projects like BERDI, which provides broader public access to data contained in Environmental and Socio-Economic Assessments; improvements to ORCA to allow for reporting on remediation data and provide accessibility of the tool to Indigenous Monitors; and, the delivery of the Energy Futures 2021 Visualization tool, transforming complex material into visual platforms such as infographics to make the content easier to understand.

Diversity and Belonging

The CER is committed to making our workplace more inclusive, diverse, and accessible. In 2021–22, the CER established a Diversity and Belonging Team tasked with proposing a Roadmap to make our organization an inclusive, equitable space where everyone thrives. The Diversity and Belonging Roadmap, completed in March 2022, is a key deliverable under the CER’s Strategic Priority of Trust and Confidence. In it, the Diversity and Belonging Team sought to identify issues, coordinate within and outside the CER, and propose recommendations for some of the more challenging aspects of organizational culture and employee wellbeing.

During 2021–22 many new initiatives supporting diversity and inclusion were implemented, including a new Employee Assistance Program, Ombuds Services, anonymous third-party reporting tool, and suite of all-staff mandatory training to support the Workplace Harassment and Violence Prevention policy. Staffing actions were completed with an emphasis toward improvements in recruitment and retention of equity-deserving groups. In addition, the CER launched innovative employee consultations to revamp a suite of HR policies through equity, diversity, inclusion, and accessibility lenses.

Financial Systems Modernization

Over 2021–22, the CER worked through a challenging and complex process to replace its obsolete financial management systems in time for a successful transition in April 2022. As part of modernizing the CER’s financial systems, the CER committed to adopting SAP, a proven tool that allows users to interact with a common corporate database to perform finance, accounting, procurement, and asset management activities. Modernizing our financial systems puts the CER in step with other government departments and agencies, with the common support and resources that brings. The implementation of SAP is expected to drive efficiencies by standardizing and streamlining financial management processes, as well as improving the timeliness and accuracy of information for decision making.

Budgetary financial resources (dollars)

The following table shows, for Internal Services, budgetary spending for 2021–22, as well as spending for that year.

Internal Services – Budgetary financial resources (dollars)
2021–22 Main Estimates	2021–22 planned spending	2021–22 total authorities available for use	2021–22 actual spending (authorities used)	2021–22 difference (actual spending minus planned spending)
44,298,450	44,298,450	46,958,602	49,652,874	5,354,424

Human resources (full-time equivalents)

The following table shows, in full time equivalents, the human resources the department needed to carry out its internal services for 2021–22.

Internal Services – Human resources (full-time equivalents)
2021–22 planned full-time equivalents	2021–22 actual full-time equivalents	2021–22 difference (actual full-time equivalents minus planned full-time equivalents)
191.5	204.3	12.8

Financial, human resources and performance information for the CER’s Program Inventory is available in GC InfoBase.^Footnote 62

Date modified:: 2023-08-24