Canada Energy Regulator – 2022–23 Departmental Results Report – Results: what we achieved

The 2022–23 actual results included in this Departmental Results Report are based on unaudited financial statements.

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.

Results

The CER’s mandate includes making decisions and providing recommendations to the Governor in Council (GIC) on applications through predictable and timely processes. These applications relate to pipelines and facilities, international power lines, tolls and tariffs, energy exports, oil and gas exploration and drilling in certain northern and offshore areas of Canada, and future offshore renewable energy projects. Decisions and recommendations use fair and inclusive processes, supported by the CER’s provision of participant funding, land matters complaint resolution services, and supporting Crown consultation. When projects have reached the end of their useful life, the CER reviews abandonment applications to ensure that companies abandon projects in a safe and environmentally responsible manner.

The Commission’s responsibilities include decisions on tolls and tariffs applications and applications for pipelines under 40 km. Applications for pipelines over 40 km 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, with support from the CER. The CER maintains its lead regulatory oversight responsibilities for these types of projects after the adjudication phase (e.g., construction, operation, decommissioning or abandonment).

The integrated impact assessment for these projects is a single assessment through a review panel process that would meet the requirements of both the Impact Assessment Act and the Canadian Energy Regulator Act.

The integrated impact assessment for these projects is a single assessment through a review panel process that would meet the requirements of both the Impact Assessment Act and the Canadian Energy Regulator Act.

The Commission carries out its adjudicative responsibilities with quasi-judicial independence and is part of the CER and contributes to the overall delivery of the CER mandate. The CER Act outlines how the Commission assesses energy projects. The legislation centers on public interest and focuses on early engagement and inclusive and meaningful participation, particularly with Indigenous Peoples, in project assessments. The legislation includes the mandatory consideration of Indigenous knowledge and a project’s potential impacts on the rights of Indigenous Peoples.

For further details on adjudicative decisions and recommendations to the GIC from the CER, please see the 2022–23 Annual Report of the Commission of the Canada Energy Regulator.

Tolls and Tariffs Applications

The Commission adjudicated several tolls and tariffs applications in 2022–23, including a complaint by Phillips 66 Canada Ltd. (Phillips) and Cenovus Energy Inc. (Cenovus) [Folder 3891130] regarding Keystone Pipeline (RH-005-2020) and an application for access by CNOOC Marketing Canada (CNOOC) regarding the Trans Mountain Edmonton terminal (RH-001-2022) [Folder 4236884]. Both hearings piloted a novel hybrid approach to oral components and included examination of confidential commercial information.

The Commission’s project to improve Tolls and Tariffs processes continues to result in more consistent processes for efficient and transparent adjudication based on best practices.

Crown Consultation

The CER’s approach to Crown consultation reflects the ongoing path toward Reconciliation with Indigenous Peoples. The Crown’s obligations and commitments to Reconciliation guide the approach, which includes the UN Declaration on the Rights of Indigenous Peoples, the Calls to Action of the Truth and Reconciliation Commission, and the Principles respecting the Government of Canada’s relationship with Indigenous Peoples.

Throughout 2022–23, the CER continued to develop and enhance its approach to Crown consultation. The Commission’s hearing process is the primary forum for consultation with Indigenous communities. As Crown Consultation Coordinator, the CER supplements the consultation occurring through the hearing process by meeting directly with Indigenous Peoples and coordinating amongst federal authorities to provide a comprehensive, whole-of-government response. This direct, two-way dialogue with Indigenous Peoples forms part of the Commission’s hearing record and informs the Commission’s assessment of the project application.

The CER is also acting as Crown Consultation Coordinator for NorthRiver Midstream’s application for the NEBC Connector Project, which was under assessment by the Commission at the end of 2022–23. The Crown Consultation Coordinator continues to consult with 35 Indigenous communities in 2023–24, and its activities will support and complement the consultation during the Commission’s hearing process.

Applications Dashboard

The CER piloted a new user-experience web tool, the Applications Dashboard, for the NorthRiver Midstream NEBC Connector Project hearing process. The CER introduced the tool for all new hearing processes, applications under section 214 of the CER Act, and one tolls and tariffs application. Driven by user feedback on some challenges of participating in adjudication processes, the Applications Dashboard provides an easy-to-use source of timeline information, and links to important documents, including templates. It allows stakeholders to stay current and informed of new process events.

Participant Funding Program

The CER’s Participant Funding Program (PFP) facilitates the participation of all eligible Intervenors in public hearings, Indigenous Peoples during early engagement, and those involved in Crown consultation activities during the Commission’s hearing process. In 2022–23, the PFP provided twenty-four grants for the ACE and SAM-COM Review 2021, the Imperial Norman Wells Waste Management Facility and the Pointed Mountain hearings, and post-Recommendation Report Crown consultation activities for NGTL West Path Delivery 2023 Project. One hundred percent of the grants went to Indigenous Peoples.

The CER increased the funding available as PFP contributions for NGTL’s West Path Delivery 2023 Project from $1.3 million to $1.9 million in December 2022 for additional workshops and Crown consultation activities with Indigenous Peoples. The CER has awarded almost $3 million for NorthRiver Midstream’s NEBC Connector Project over the last two years. Ninety-nine percent of contributions paid in 2022–23 went to Indigenous Peoples.

In December 2022, the CER received approval to expand the use of grants and contributions resources to support three additional funding streams: Policy Dialogue, Research, and Indigenous Capacity Support. As part of implementing these new funding streams, an expanded Grants and Contributions service will replace the PFP beginning in April 2023. In response to feedback and learnings, the CER has been working to offer more and easier to process funding mechanisms, especially to support Indigenous Peoples involvement in CER work.

Complaint Resolution

A complaint to the CER can involve any company we regulate on issues within our mandate. Examples of issues that have been the subject of past complaints submitted to the CER include environmental reclamation, crop damage, water drainage, noise, or the effects of a facility or activity on property, including property damage. The CER offers both formal processes and Alternative Dispute Resolution (ADR) to resolve complaints

ADR plays a vital role in how the CER fulfills its mandate to help balance the interests of all Canadians in the stewardship of pipelines and energy development in Canada. ADR can be used to help reduce the number of issues that may require decisions by the Commission. By participating in the ADR process, regulated companies, landowners, Indigenous communities, and the public can directly address their specific concerns about the CER’s regulated facilities outside of a formal hearing process.

The CER receives between 20 to 30 complaints annually pertaining to CER regulated facilities, and most of these complaints are resolved through the ADR process.

Filing Manual Updates

The CER’s Filing Manual helps applicants and interested parties understand what to include in submissions to the CER. While it is ultimately the applicant’s responsibility to follow applicable legislation and regulations, the CER enhanced the manual to provide further guidance about the information it expects in a filing.

Following a public comment period, in the last year the CER finalized updates to sections of the Filing Manual relating to supply and markets, confidentiality, and variance applications. The Commission revised GHG emissions and climate change guidance that reaffirms and clarifies what is required for filing and provides clarity about how it will consider the information. The final updates benefited from public feedback received during the engagement period that included direct outreach and feedback from industry, Indigenous Peoples, environmental consultants, and other government departments. Engagement to inform an update of the Environment, Socioeconomic Assessment and Lands sections of the Filing Manual began last fiscal and is ongoing.

• Gender-based analysis plus
  
  The CER’s Hearing Managers, Process Advisors, and Socio-Economic Specialists continue to ensure that the CER’s early engagement activities, ADR services, and adjudicative processes (including Indigenous knowledge sessions) are accessible to everyone, including those from equity-deserving groups.
  
  CER staff who have appropriate training in GBA Plus assessed all applications for physical projects this past fiscal year against the GBA Plus guidance provided in the CER’s Filing Manual, in support of Commission decisions. The CER conducted several engagement activities over the last fiscal to support an update to the Environment, Socioeconomic Assessment and Lands sections of the Filing Manual, which is expected to inform further updates to GBA Plus guidance for applicants.
• United Nations 2030 Agenda for Sustainable Development and the Sustainable Development Goals
  
  The CER contributed to the development of the Government of Canada’s Federal Sustainable Development Strategy (FSDS) in 2022–23. The CER identified specific plans, activities and measures in each Core Responsibility that support Canada’s responsibilities in implementing the UN 2030 Agenda.
  
  
• The CER will include this information in its 2023–27 Departmental Sustainable Development Strategy (DSDS), to be finalized the fall of 2023.
  
  Activities under the Energy Adjudication Core Responsibility include impact assessments, which support the CER’s recommendations or decisions to the Governor in Council. These processes contribute to implementing:
  • Sustainable Development Goal (SDG) 7–Increase Canadians access to clean energy;
  • SDG 10 –Advance reconciliation with Indigenous Peoples and take action on inequality;
  • SDG 16 –Promote a Fair and Accessible Justice system, enforce environmental laws and manage impacts.

Innovation

In partnership with Code for Canada fellows, the CER developed the Participation Portal – a digital solution to improve the systems that support public participation in CER proceedings. Once launched, the Participation Portal streamlined the process through which Canadians could make their voice heard by providing comment at key opportunities or by participating throughout a hearing process as a registered intervenor. The Participation Portal allows for more accessible and inclusive public access to the assessment process, while enhancing related processes and functions for managing participant data.

The CER has assessed 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. Process improvement recommendations are currently under consideration as the CER seeks continual improvement on the efficiency of our adjudication processes.

Results achieved

The following table shows, for Energy Adjudication, the results achieved, the performance 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.

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

Budgetary financial resources (dollars)

The following table shows, for Energy Adjudication, budgetary spending for 2022–23, as well as actual spending for that year.

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

Human resources (full-time equivalents)

The following table shows, in fulltime equivalents, the human resources the department needed to fulfill this core responsibility for 2022–23.

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

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

The CER works for Canadians to keep energy moving safely and efficiently through the country’s pipelines and powerlines. The organization performs this function by setting and enforcing regulatory expectations for companies over the entire lifecycle of federally regulated energy infrastructure – construction, operation, and abandonment.

The CER enforces some of the strictest safety and environmental standards in the world, and its oversight goes beyond simple compliance. The organization promotes best practices to reduce the potential for harm, adopting new technologies and innovative approaches to improve the effectiveness and efficiency of a company’s management system to prevent harm.

Regulated companies must have emergency management programs, including a robust continuing education program for the police, fire departments, medical facilities, other agencies, and people who live or work near the pipeline. Further, the CER expects companies to engage with all people living and working near pipelines, including Indigenous Peoples, the public, contractors, landowners, and municipalities, to promote safe work practices and actions they can take to prevent damage to pipelines.

Compliance Verification Activities

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 (CVAs). When the activities of regulated companies have the potential to pose greater harm to people or the environment, the CER increases 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 actions or to identify preventive actions.
• examining authorizations conditions 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 and remediating any environmental damage.
• reviewing Operations and Maintenance notifications as part of ongoing oversight of operating facilities.
• reviewing Notices of Contamination to oversee companies' management of contamination and remediation activities.

Construction Oversight of the Trans Mountain Expansion Project and NGTL Projects

Indigenous Monitoring

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, as it builds trust and confidence while strengthening environment and safety oversight. The CER continues to increase the involvement of Indigenous Monitors through several aspects of its compliance verification activities.

Indigenous Advisory and Monitoring Committees

Indigenous Advisory and Monitoring Committees (IAMCs) enable Indigenous Nations to oversee project construction and operation by “getting boots on the ground." Examples during 2022–23 include the IAMC-TMX, which continued to conduct joint compliance verification activities with CER inspection staff, focusing primarily on protecting Sites of Indigenous Significance (SIS) and watercourse crossings. The CER and IAMC-TMX worked together to respond to the input provided by Indigenous communities and ensure that their priorities are reflected in the monitors’ work. The IAMC-TMX Monitoring Subcommittee and CER have co-developed a process to initiate and conduct Indigenous-led CVAs that are intended to enhance and build capacity of IAMC-TMX Indigenous Monitors and CER Inspection Officers during CVAs focused on SIS.

IAMC-TMX Indigenous Monitors conducted 42 compliance verification activities jointly with CER Inspection Officers in 2022–23. These CVAs included 31 Field Inspections, three Implementation Assessment Meeting, five Information Exchange Meetings, and three Emergency Response Exercises.

For the Enbridge Line 3 project, the CER and Indigenous Monitors from the IAMC-Line 3 completed six Field Inspections.

CER’s NGTL Indigenous Monitoring Program

The CER has its own Indigenous Monitoring Program for the NGTL system. The program continued through a critical phase in 2022–23, establishing contracts to enable the participation of Indigenous Monitors in safety and environmental compliance and oversight activities for the NGTL System. Indigenous Monitors completed nine Field Inspections of various construction spreads of NGTL project construction.

CER Indigenous Monitoring Bridging Program

The CER continued its Indigenous Monitor Bridging Program in 2022–23, which provides opportunities for Indigenous Monitors to join the CER as Regulatory Compliance Officers and trains them to become fully designated Inspection Officers. During 2022–23, the CER hired three Indigenous Monitors in Regulatory Compliance Officer positions.

Audits and Enforcement
Operational Audits

The CER’s operational audits evaluate how a company manages its activities. The CER requires all regulated companies to have effective management systems and protection programs.

In 2022–23, the CER conducted six operational audits: three addressing contaminated site management and three covering damage prevention. The CER publishes all audits on its website, under Reports on Compliance and Enforcement.

Financial Regulatory Audits

Financial regulatory audits are an important regulatory tool to ensure company compliance. They help ensure companies’ operations align with the CER Act, regulations, orders, and decisions as it relates to tolls and tariffs matters, and assist the CER in documenting the management systems, procedures, and internal controls within company operations.

In 2022–23, the CER completed one focused financial regulatory audit regarding twelve companies’ practices and procedures related to abandonment and collection mechanisms.

The CER publishes all operational audit reports and related documents on its Compliance and Enforcement website, and financial regulatory audit reports and related documents on its Financial Regulatory Audit Reports website.

Administrative Monetary Penalties

Administrative Monetary Penalties (AMPs) provide the CER with another enforcement tool to promote compliance with legislation, regulations, decisions, permits, orders, licenses or certificate conditions.

The CER issued two AMPs in 2022-23. In addition, one AMP that it issued in late 2021-22 was the subject of a review request, a process which carried over into 2022–23. The CER publishes all of its AMPs and related documents on its Compliance and Enforcement website.

Remediation Oversight

The CER expects companies to follow strict environmental standards when addressing contamination.

Remediation oversight activities in 2022–23 focused on completing the review of the backlog of remediation events and on addressing company submissions from the last two years. These included reviewing 88 notifications of contamination, 24 remedial action plans, eight risk management plans and 24 closure reports. With this backlog eliminated, the CER remediation team will develop a new three-year plan in 2023–24.

As part of the continual evolution of the Remediation Process, the CER published a bulletin that clarifies its expectations for reporting third-party contamination.

Safety Culture

The CER has committed to building an improved understanding of safety culture across the pipeline industry. To achieve this goal, the CER launched a Safety Culture Learning Portal to share practical tools and educational material. This year, the CER published additional resources including a guide to conducting safety culture assessments. In 2022–23, the CER completed its fourth annual safety culture survey, which informed enhancements to the CER’s three-year safety culture strategy and related activities. The CER also led several projects and communities of practice to support safety culture advancement, including chairing the North American Regulators Working Group on Safety Culture.

The CER augmented its safety culture efforts in 2022–23 by promoting increased awareness and education related to human and organizational factors impacting safety and environmental protection performance, including sponsorship of the Canadian Standards Association publication entitled Human and Organizational Factors for Optimal Pipeline Performance.

Girth Welds Workshop

The CER hosted a Technical Workshop on undermatched and low-strength girth welds in 2022–23. The initiative for the workshop was linked to Safety Advisory SA 2020-01 and was intended to ensure a broader awareness of girth weld area strain-induced failures that occurred internationally on steel pipelines. The CER is currently developing an action plan based on the feedback and recommendations from the workshop.

Cyber Security

The CER’s Onshore Pipeline Regulations require companies to have a Security Management Program, which must include cyber security threats. The Canadian Standards Association expanded its standard Z246.1, Security management for petroleum and natural gas industry systems to include cyber security risk management requirements. In 2022–23, the CER began conducting more in-depth cyber security inspections to ensure regulated companies protect their operational technology networks (Industrial Control Systems).

Hydrogen

While no interprovincial or international hydrogen pipelines are currently operating in Canada, the CER worked on several initiatives in 2022–23 to ensure it will be ready to regulate hydrogen pipelines should projects come forward in the future. It conducted an internal review of its Filing Manual to determine whether it needed to update its filing guidance for hydrogen. The CER worked with the Canadian Standards Association to develop new hydrogen-specific pipeline standards. In addition, the Review of the Onshore Pipeline Regulations, discussed above, is considering whether any hydrogen-related updates are required.

Regulatory Framework Program

The CER published its Regulatory Framework Plan: 2023 to 2026 to provide transparency on the CER’s regulatory plans. The CER updates the plan annually and covers a three-year period and describes which regulations, guidance and other regulatory documents the CER intends to amend or develop further and sets out expected timelines for each.

Regional Energy and Resource Tables

The CER participated in several meetings in 2022–23 where it learned of the progress of the Regional Energy and Resource Tables (RERTs), which bring together federal, provincial, and territorial governments with Indigenous partners, municipalities, industry, workers, experts and the general public to advance economic priorities in the natural resources space. The CER expects to increase its involvement in the coming years once priorities and work plans become more fully established, including ongoing participation in the federal Regulatory Efficiency Community of Practice.

Abandonment Cost Estimates and Set Aside and Collection Mechanism Review

The Abandonment Cost Estimates (ACE) and Set Aside and Collection Mechanism (SAM-COM) Review 2021 is the second five-year review of ACEs and the first review of SAM-COM elements. In Part 1 of the Review (2022–2023), the Commission applied a new CER-developed method based on Geographic Information Systems to calculate Base Case 2021 ACEs for each company. In February 2023, the Commission released a draft of the Part 1 Commission Report for comment.

Research and Development in Emergency Management

As an expert regulator, it is incumbent upon the CER to stay abreast of emergency management research and development (R&D) activities related to all regulated commodities, demonstrate leadership in this area, and influence research to address topics of relevance to the CER’s mandate and regulatory oversight activities. The enshrining of the use of “best available scientific information” in decision making processes in the CER Act heightens the expectation that the CER and the companies it regulates will make decisions based on best available science. The CER fulfills this expectation through participation in scientific advisory committees for external research initiatives, internal and external training and conferences and research forums, incorporation of oil spill R&D knowledge in its regulatory framework, and application of oil spill R&D knowledge during regulatory oversight activities. The CER is guided by its internal Oil Spill Research and Development Terms of Reference, that were developed in 2022–23.

• Gender-based analysis plus
  
  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. The Regulatory Framework program applied a GBA Plus lens during the first phase of engagement on the Review of the Onshore Pipeline Regulations (OPR). Through a Discussion Paper, the CER asked participants how gender and other intersecting identity factors may influence how the regulation impacts people. The CER will assess the input on this topic and integrate it into potential improvements to the Regulatory Framework. The CER will continue to apply a GBA Plus lens to plan and implement future phases of engagement. Overall, the CER will endeavor to improve its regulatory framework change process so that it is more accessible to all Canadians.
  
  The CER strives to promote and use gender-neutral terms in any of its communications to industry.
• United Nations 2030 Agenda for Sustainable Development and the Sustainable Development Goals
  
  The CER contributed to the development of the Government of Canada’s Federal Sustainable Development Strategy (FSDS) in 2022–23. The CER identified specific plans, activities and measures in each Core Responsibility that support Canada’s responsibilities in implementing the UN 2030 Agenda.
  
  The CER will include this information in its 2023–27 Departmental Sustainable Development Strategy (DSDS), to be finalized the fall of 2023.
  
  Activities under the Safety an Environment Oversight Core Responsibility include compliance verification, which support the CER’s responsibilities in setting and enforcing regulatory expectations for companies over the full lifecycle. These processes contribute to implementing:
  • SDG 7 –Increase Canadians access to clean energy;
  • SDG 10 –Advance reconciliation with Indigenous Peoples and take action on inequality;
  • SDG 16 –Promote a Fair and Accessible Justice system, enforce environmental laws and manage impacts.

Innovation

In September 2022, the CER published BERDI, an Open Government initiative created to increase access and “unlock” historical data for the benefit of Canadians. Since 1965, the CER has collected thousands of documents from over 700 hearings. Among these documents are Environmental and Socio-Economic Assessments, or ESAs, where a large amount of data has been captured about public safety, species at risk, and environmental protection (such as water, soils and plants) to name a few. While the CER always provided this data on its website, it is now easier to access.

Alongside the Indigenous Monitoring Subcommittee and Indigenous community representatives, the TMX-IAMC Policy Table initiated the co-development of a Community Profiles tool for Indigenous Monitors and CER Inspectors – a mobile tool that Indigenous Monitors and CER Inspectors can use remotely to access community information relevant to inspection areas. The CER will continue to update and enhance this tool working in partnership with the IAMC.

Results achieved

The following table shows, for Safety and Environment Oversight, the results achieved, the performance 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.

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

Budgetary financial resources (dollars)

The following table shows, for Safety and Environment Oversight, budgetary spending for 2022–23, as well as actual spending for that year.

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

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 2022–23.

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

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 collects, monitors, analyzes, and publishes information on energy markets and supply, energy sources, and the safety and security of pipelines and international power lines. The CER plays a vital role in conveying timely and relevant information to Canadians and is at the forefront of energy markets monitoring and analysis. Staff model Canada’s energy supply and demand projections, provide Canadians with reports and analysis to help inform daily choices on energy matters and support regulatory hearings on pipeline projects in Canada. The CER works closely with the Canadian Centre for Energy Information to maximize the impact of its energy information products.

Informing Canada’s Energy Conversation

Over the 2022–23 fiscal year, a key energy information priority was development of the report, Canada’s Energy Future 2023: Energy Supply and Demand Projections to 2050 (EF2023).

The Canada’s Energy Future series explores how possible energy futures might unfold for Canadians over the long term. Released in June 2023, EF2023 is the CER’s first long-term outlook that models net-zero by 2050.

During the development of EF2023, the CER sought advice from technical experts within the federal government and top Canadian and international energy modellers on the study’s design, assumptions, and preliminary results. The CER published a technical discussion paper to consult on the intended approach in spring 2022, for which a summary is available. Engagement on the EF2023 consultation paper accounted for a significant increase in collaboration opportunities with Canadians on CER energy information products in 2022–23.

The CER continued investing in compiling and releasing data on the safety and the environmental and economic performance of the pipelines and powerlines it regulated in 2022–23. The CER releases this data in various formats, from open data files to interactive visualizations, to reach a broad range of people. Core to this effort is the Pipeline Profiles web portal – a single window portal for detailed information and regularly updated data on significant oil and natural gas pipelines regulated by the CER.

The CER added new features to the Pipeline Profiles during 2022–23. These include interactive pipeline maps which let users explore how oil and gas move around Canada, and new dashboards on contraventions of damage prevention regulations. The CER published an online report that visualizes pipeline throughput and capacity data across different regions in Canada. The CER receives this data from regulated companies, and it is the CER’s most downloaded data set. The CER coordinated the launch of this content with the Canadian Centre for Energy Information.

The CER’s Energy Information Products:

A Look at Pipeline Flow and Capacity

This new product contains two interactive reports visualizing CER pipeline throughput and capacity data. The reports provide greater detail, regional trends analysis, and navigation to explore CER’s most frequently downloaded dataset on Open Government – ‘Pipeline Throughput and Capacity’.

New Interactive Pipeline Maps

In response to user research, the CER developed new interactive maps in 2022–23 which allow users to better understand the physical context within which CER-regulated pipelines operate. Features allow users to add data and measure distances to pipelines. Where applicable, the maps contain pipeline data layers from provincial regulators related to the CER’s commitment to advancing Reconciliation with Indigenous Peoples.

Publication of Damage Prevention Regulation Contravention (DPRC) reports

The Damage Prevention Regulation Contravention (DPRC) reports dashboards added visualizations to the DPRC data that had been published to Open Government in spring 2022. The DPRC was previously only available as a dataset on Open Government as a downloadable CSV file. The new dashboards allow users to explore the data more visually with interactive filters, a map, and search for DPRC events by location.

Energy Information and Data

The CER continued producing important energy information and data in 2022–23. Its Provincial and Territorial Energy Profiles remained an important source of energy information for Canadians at the provincial and territorial levels. In 2022–23, the CER updated the profiles to reflect the latest market events shaping each jurisdiction and 2020 greenhouse gas emissions data from Environment and Climate Change Canada. The CER’s Market Snapshots continued to provide timely and relevant energy information to Canadians. In 2022–23, the CER published 23 Market Snapshots on various energy-related topics, ranging from crude oil imports to hydrogen production. The CER remained an important source of Canadian energy data on which the public and decision-makers rely. Statistics on energy commodity imports and exports, like the highly demanded crude-by-rail data, weekly refinery crude runs, liquefied petroleum gas underground inventories, and production are some of the many data products the CER produced in 2022–23.

Stakeholder Outreach

In alignment with the CER’s engagement plan, the Energy System Information Program and the Pipeline Information Program engaged stakeholders across knowledge areas, including federal partners, industry experts, environmental organizations, and other members of the public. The CER used the feedback to inform data compilation methods, modelling results, and the planning and delivery of online content.

• 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. This includes adhering to the Government of Canada accessibility guidelines and web accessibility standards.
  
  In 2022–23, the Energy Information core responsibility ensured all content was published in both official languages, used gender neutral terminology, and that images depicted the diverse nature of the public in a fair, representative, and inclusive manner. This included considerations for a balance of sex, gender, language, ethnicity/race, religion, age, disability, geography, culture, income, sexual orientation and education.
  
  To improve access for people in remote communities, the CER migrated Tableau-based data visualizations from a public platform to a dedicated internal server. This significantly reduced page load time, particularly for the visualization of large datasets. It has also allowed direct download of data in a variety of ways.
  
  The CER will continue to consider GBA Plus factors to improve access to energy information for all Canadians.
• United Nations 2030 Agenda for Sustainable Development and the Sustainable Development Goals
  
  The CER contributed to the development of the Government of Canada’s Federal Sustainable Development Strategy (FSDS) in 2022–23. The CER identified specific plans, activities and measures in each Core Responsibility that support Canada’s responsibilities in implementing the UN 2030 Agenda.
  
  The CER will include this information in its 2023–27 Departmental Sustainable Development Strategy (DSDS), to be finalized the fall of 2023.
  
  Activities under the Energy Information Core Responsibility include research and analysis, which support the CER to convey timely and relevant information to Canadians. These processes contribute to implementing:
  • SDG 7 –Increase Canadians access to clean energy;
  • SDG 10 –Advance reconciliation with Indigenous Peoples and take action on inequality;
• Innovation
  
  The CER is developing a custom-built content management system that will improve the maintenance of published pipeline data and information to be timelier and more efficient. Launch is scheduled for December 2023.
  
  The CER undertook a usability study to test the function of Canada's Energy Future report. It redesigned key elements to improve navigation and help users understand where they were in the report. The CER used this redesign in its first ever net-zero outlook in "Canada's Energy Future 2023."

Results achieved

The following table shows, for Energy Information, the results achieved, the performance 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.

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

Budgetary financial resources (dollars)

The following table shows, for Energy Information, budgetary spending for 2022–23, as well as actual spending for that year.

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

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 2022–23.

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

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

CER staff from across the organization engage with people and organizations impacted by or interested in the organization’s regulatory activities and mission. Building relationships and listening to Indigenous Peoples and stakeholders enables the CER to improve its regulatory system and take action to prevent harm. The CER recognizes that the unique information gathered through engagement leads to better regulatory results.

Over the past year, the CER has been working to address feedback received as part of its Engagement activities, including allowing more time to carry out meaningful engagement and proactively seeking opportunities to engage in two-way dialogue. The CER will continue to use transparent and accountable engagement practices to improve its operations.

Engaging with Indigenous Peoples and Stakeholders

The CER is committed to ensuring its work is informed by input from Indigenous Peoples and stakeholders across Canada. Engagement is integral to the CER’s regulatory effectiveness in shaping CER programs and in delivering on the CER’s strategic priorities.

The CER is committed to exploring ways to improve its approach to engagement planning and implementation across the organization. The CER’s National Engagement strategy has four components: a framework, an Engagement Centre of Expertise, a National Engagement Plan and a National Indigenous Engagement Blueprint. The framework provides guidance for planning and coordinating engagement to support our mandate and priorities. A new CER Engagement Centre of Expertise will support the implementation of the strategy, guided by the critical elements of the framework, and will provide advice, assistance, best practices and coordination to the organization. The National Engagement Plan will provide a consolidated picture of the CER’s planned engagements and prioritize deliverables across the organization to strengthen its internal alignment and coordination of engagement efforts. The Indigenous Engagement Blueprint will provide guidance for Indigenous engagement.

Indigenous Engagement

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

The CER launched in 2022–23 a multi-phased/multi-year initiative to co-develop, in partnership with Indigenous Nations and groups, a mechanism that would foster discussion and collaboration relating to pipeline oversight on the Nova Gas Transmission Limited (NGTL) system. The CER’s senior leadership and leadership from interested Indigenous communities participated in six meetings to develop relationships and to discuss how to increase Indigenous oversight of the entire NGTL system. More intensive engagement will follow in 2023–24, aimed at co-developing the rules of engagement and collaborating on defining the governance, structure and approach for the collaborative mechanism.

The CER continued working with the Elders Knowledge Circle to seek advice on how to establish governance principles to manage historical transcripts and audio files. Through the end of 2022–23, First Nations, Métis, and Inuit Elders^Footnote 1 from Treaty 7 Nations, and from Prairie Region and Nunavut, participated in meetings to explore how the regulator should manage current Indigenous knowledge records that it presently holds.

Stakeholder Engagement

During 2022–23, the CER supported several consultation initiatives designed to gather the input of Canadians. These ranged from collecting feedback on the approach to net-zero modelling for the CER’s flagship EF2023 report to gathering input on changes to the CER’s Onshore Pipeline Regulations and Filing Manual. More information about these consultations is published on the Government of Canada’s Consulting with Canadians website.

In addition, the CER launched the Regulated Industry Engagement Group (RIEG), which is an ongoing dialogue with regulated companies to support the CER’s commitment to enhancing Canada’s global competitiveness. The CER is committed to enhancing Canada’s global competitiveness by improving transparency, predictability, and efficiency throughout the regulatory lifecycle, while driving innovation that supports the transition to a low-carbon economy. The CER publishes the meeting minutes from the RIEG for continued transparency with Canadians.

The CER also leads the Land Matters Group Advisory Committee (LMG AC), a forum to discuss topics relevant to landowners, industry, lands professionals and different levels of government. Two new sub-committees have been established-access to lands and damage to property-to address priority issues identified in the work plan and progress is underway. The CER posts the LMG News, a quarterly e-newsletter distributed to the membership, on its website under the banner of the Land Matters Group.

In response to unprecedented flooding in British Columbia in fall 2021, the CER gave eight presentations to stakeholder groups, including landowners, on damage prevention in 2022–23. The CER published over a dozen posts and articles in various media to increase awareness and understanding of safety around CER regulated infrastructure.

• Gender-based analysis plus
  
  The CER continues to be committed to learn from our measures introduced in 2020–21 to monitor the effectiveness of our engagement practices. Additionally, the CER leverages other feedback from stakeholders and Indigenous Peoples to ensure engagement activities are inclusive and consider GBA Plus factors.
  
  The CER considered this knowledge in 2022–23 during the development of the National Engagement Strategy. It also informed how the CER would complete the engagement activities listed above.
  
  The CER has been conducting annual survey to assess if participants in CER engagement activities found them meaningful. The survey included a wide range of questions that reflected characteristics of meaningful engagement. At the end of 2022–23, the CER introduced a new internal assessment to collect feedback that supplemented the standard external participant survey. The new internal assessment recognizes that different methods for gaining feedback from participants are used across the organization such as narratives, customized surveys, ad hoc comments. The CER will implement this new process and collect data from it quarterly starting in 2023–24. The new process aligns with the engagement principles of transparency, relevancy, inclusiveness, accountability, and adaptability.
• United Nations 2030 Agenda for Sustainable Development and the Sustainable Development Goals
  
  The CER contributed to the development of the Government of Canada’s Federal Sustainable Development Strategy (FSDS) in 2022–23. The CER identified specific plans, activities and measures in each Core Responsibility that support Canada’s responsibilities in implementing the UN 2030 Agenda.
  
  The CER will include this information in its 2023–27 Departmental Sustainable Development Strategy (DSDS), to be finalized the fall of 2023.
  
  Activities under the Engagement Core Responsibility include engaging with Indigenous Peoples and stakeholders which support the CER to continuously improve its regulatory system and take action to prevent harm. These processes contribute to implementing:
  • SDG 7 –Increase Canadians access to clean energy;
  • SDG 10 –Advance reconciliation with Indigenous Peoples and take action on inequality;
  • SDG 16 –Promote a Fair and Accessible Justice system, enforce environmental laws and manage impacts.
• Innovation
  
  Over the last year, the CER expanded the use of online participatory engagement tools, feedback mechanisms and data-mining techniques. Through CER Dialogue – the CER’s engagement platform – the organization has been managing conversations about energy and regulated activities to better reflect and respond to the diversity of views and interests across the country. CER Dialogue has been useful for generating interest and feedback from stakeholders and Indigenous Peoples on key files such as the Onshore Pipeline Regulations, Regulated Industry Engagement, Land Matters Group, Girth Weld Workshops and others.

Results achieved

The following table shows, for Engagement, the results achieved, the performance 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.

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

Budgetary financial resources (dollars)

The following table shows, for Engagement, budgetary spending for 2022–23, as well as actual spending for that year.

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

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 2022–23.

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

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 refer 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

Diversity and Belonging

The CER is committed to making its workplace more inclusive, diverse, and accessible. In 2022–23, the CER’s newly established Diversity and Belonging Team launched initiatives to increase leadership capacity to address misconduct, discipline, accommodations, and to advance barrier-free, equitable management and hiring practices. Another key focus for the Diversity and Belonging Team over the year has been the continued impacts and change associated with the pandemic, and support for a hybrid workplace model that will work effectively for everyone at the CER.

The CER approved and published its first Accessibility Plan in December 2022. The report was the product of several months of consultations with staff, as well as research into barriers to accessibility and the identification of possible solutions to those barriers. It takes a measured approach with realistic priorities that considers work already underway on policies, programs, practices, and services to create a more inclusive environment for everyone, and a more accessible workplace for persons with disabilities. The Accessibility Plan is a flagship deliverable under the Trust and Confidence Strategic Priority in the CER’s Strategic Plan. The CER will report on the progress of its plan annually.

Strategic Workforce Plan

During 2022–23, the CER made significant progress toward continued development of its Strategic Workforce Plan. As a deliverable under the Trust and Confidence Strategic Priority, the overall intent of the Strategic Workforce Plan is to foster an engaged, inclusive, and empowered workforce that has the confidence of Canadians; is dedicated to ensuring safety and environmental sustainability; builds strong relationships with First Nations, the Métis, and the Inuit; and enhances Canada’s global competitiveness.

In alignment with the CER’s Strategic Plan and specific workforce aspirations and commitments, the Plan outlines three focused objectives:

• Talent and Skills: The CER recruits, retains, and advances the best talent representative of the people we serve.
• Culture and Leadership: The CER builds and maintains a work climate that embraces differences, regulatory excellence, and intelligent risk-taking.
• Workplace: The CER adapts its practices, tools, and policies that support a flexible and inclusive workplace.

Financial Systems Modernization – SAP Transition

In April 2022, the CER implemented SAP as its financial system. The SAP system is part of modernizing CER's financial systems and is used by many other federal departments and agencies. Implementing SAP will enable improvements in the timeliness and accuracy of information and decision making, as well as helping to deliver efficiencies in the financial management processes.

Creating Better Tools for Data: Operations Regulatory Compliance Application

In November 2022, the CER implemented enhancements to Operations Regulatory Compliance Application (ORCA) to improve the efficiency for companies to report geotechnical incidents and for the CER to use that reporting to prioritize follow up on high-risk events. Other efficiencies for companies that the CER via ORCA include automation of Accountable Officer updates and implementing workflow so that one regulatory filing could be linked to multiple conditions.

Contracts awarded to Indigenous businesses

The Government of Canada is committed to Reconciliation with Indigenous Peoples and to improving socioeconomic outcomes by increasing opportunities for First Nations, Inuit and Métis businesses through the federal procurement process.

Under the Directive on the Management of Procurement, which came into effect on May 13, 2021, departments must ensure that a minimum of five percent of the total value of the contracts they award are held by Indigenous businesses. This requirement is being phased in over three years, and full implementation is expected by 2024.

Indigenous Services Canada has set the implementation schedule:

• Phase 1 departments: April 1, 2022, to March 31, 2023
• Phase 2 departments: April 1, 2023, to March 31, 2024
• Phase 3 departments: April 1, 2024, to March 31, 2025

The Canada Energy Regulator is a Phase three organization and is aiming to achieve the minimum five percent target by the end of 2024–25.

In 2022–23 the CER developed an Indigenous Procurement Strategy (IPS) that aligns with the Government of Canada’s Procurement Strategy for Indigenous Businesses (PSIB). As part of the CER’s Reconciliation Strategic Priority, CER staff and leadership relied on the advice of the CER’s Indigenous Advisory Committee (IAC) to develop this management tool, which will support an organization-wide approach to Indigenous procurement.

Additionally, the strategy will provide guidance and approaches for the CER to identify and work with Indigenous suppliers, reduce and/or eliminate barriers for potential suppliers to participate in procurement processes and to build relationships with communities with the desired outcome of meeting or exceeding the target.

Budgetary financial resources (dollars)

The following table shows, for internal services, budgetary spending for 2022–23, as well as spending for that year.

Human resources (full-time equivalents)

The following table shows, in full time equivalents, the human resources the department will need to carry out its internal services for 2022–23 and for each of the next two fiscal years.

Date modified:

2023-12-08