Canada Energy Regulator – 2022–23 Departmental Results Report – Supplementary information tables – Gender-based analysis plus

Section 1: institutional GBA Plus governance and capacity

Governance

The CER continued advancing GBA Plus practices within the organization and assessed options for governance and resources to support capacity building, monitoring, reporting and application of GBA Plus practices in program delivery.

• The assessment took a holistic view of GBA Plus desired outcomes that will support regulatory programs and internal services functions.
  • GBA Plus practices are currently used in many of the CER programs and guidance was developed based on program needs.
  • Training is provided to staff from different disciplines (e.g., socio-economic analysts, policy analysts, and market analysts) to ensure staff are competent and qualified to provide GBA Plus analysis.
  • A community of practice approach will be taken to share best practices, ideas, and to stay current and updated on GBA Plus tools and practices.
• CER continued to improve data collection and analysis at program level notable examples being data collected for grant and contributions program, feedback collected from engagement activities, and feedback collected from participants engaged in updates and improvements of the regulatory framework.

Capacity

• CER engaged external subject matter experts to provide specific guidance and support for GBA Plus. For example, an analysis of the target population for the engagement programs led to better planning of engagement activities to be strategic and goal oriented; an analysis of requirements for accessibility in procurement led to the development of guidance and tools for accessibility considerations in procurement and considerations when evaluating potential suppliers.
• CER focused on expanding its network and participated in quarterly networking events with portfolio departments and agencies to share knowledge and practices and coordinated participation to events organized for the GBA Plus week.

Section 2: gender and diversity impacts, by program

Core responsibility: Energy Adjudication

Program name: Infrastructure, Tolls & Export Applications

Program goals: The Commission of the Canada Energy Regulator (CER) makes decisions and recommendations to the Governor in Council on applications, which include impact assessments, using processes that are fair, transparent, timely, and accessible.

Target population: This program predominantly focuses on the review of energy projects. As such, the target population of the program includes the following:

• CER regulated industry applicants
• Indigenous Peoples, particularly rights holders impacted by the project
• Rights holders, owners, and users of lands impacted by the project
• Not for profit organizations potentially affected by projects
• General public, given the mandate for considering the public economic interest
• The majority of the energy projects occur in Western Canada

Distribution of benefits:

Not available

This is a regulatory program, not service or transfer payment focused. While some activities or projects may be possible to disaggregate out by identity factors, there is no one focus group for the main outcome of this overall program.

This is a stable program integrated, into normal operations. As such, no large fluctuations are expected, while continual and incremental improvement continues.

Key program impacts on gender and diversity

Key program impact statistics

Other key program impacts

Reconciliation, a Strategic Priority for the CER in the 2022–23 f/y, in continues to be a main focus for the CER’s adjudication of infrastructure, tolls and export applications. The CER is undertaking increasing number of activities to engage with Indigenous communities and organizations and continuing to explore ways in which to accommodate preferences to maximize participation in CER adjudicative processes.

There are GBA Plus requirements for assessment in the CER Act. Section 183.2 (c) of CER Act outlines what factors need to be considered for pipelines in Commission recommendations to the Minister. Similar requirements for offshore renewable energy can be found in Section 298.3 (a) and for international power lines in Section 262.2(c). Filing guidance has been issued on assessing GBA Plus requirements in applications and staff assess applications using this guidance. In 2022–23, all applications submitted for physical projects were assessed against guidance. These actions support the Minister’s mandate to apply GBA Plus in decision-making.

The CER continues to provide staff with training to ensure that people are competent and qualified to provide GBA Plus analysis. Ensuring Socio-Economic Analysts in the Energy Adjudication core responsibility are skilled in conducting social impact assessments, with equity considerations playing a central role, is an important part of individual professional development. The CER’s Hearing Managers, Process Advisors, and Socio-Economic Specialists help ensure that the CER’s early engagement activities, Alternative Dispute Resolution services, and adjudicative processes (including Indigenous knowledge sessions) are accessible to diverse groups, including women, men, gender-diverse, and underrepresented people.

The CER continues to rely on guidance and advice from the Indigenous Advisory Committee. The overarching mandate of the IAC is to advise the Board on transforming the CER’s relationship with First Nations, the Métis Nation, and the Inuit. The IAC:

• advises on strategic, systemic, and policy and program development matters relevant to the IAC and CER mandates;
• advises on how best to enhance the involvement of the Indigenous Peoples of Canada and Indigenous organizations in respect of the CER’s work;
• advises on the integration of Indigenous perspectives, knowledge, teachings, values, use of the land and water, oral traditions, and worldviews in the regulation of CER-regulated energy infrastructure, throughout the lifecycle; and,
• helps the Board “raise the bar” when shaping the organization’s strategy related to the integration of Indigenous rights, interests and values into the CER’s work and processes.

Over the course of the previous year, the IAC provided advice and guidance on a number of topics that impact energy adjudication processes, including implementation of the UN Declaration on the Rights of Indigenous Peoples, Indigenous Peoples’ involvement in regulatory oversight, Crown consultation and accommodation, and updates to the CER’s Regulatory Framework.

The Land Matters Group – Advisory Committee (LMG-AC), made up of representatives from impacted landowners, associations of owners and users of lands, industry, land professionals, Natural Resources Canada, and CER staff. The LMG-AC operates as a two-way conduit of information between the CER and LMG members by providing participants with opportunities to share insight and advice on the protection of landowner rights and interests, with the ultimate goal of achieving regulatory excellence. By sharing information and real-life experience, the LMG continues to build awareness and develop relationships across a diverse network.

The CER has an Engagement core responsibility that intersects with this program. The Indigenous Engagement program and the Stakeholder Engagement program under that core responsibility conduct engagement with representatives of diverse interests, which then informs the processes and regulations within this program.

The Crown Consultation Team has worked to build relationships over the past year with Indigenous Peoples, establishing meaningful consultation processes that are respectful of the uniqueness of First Nation, Metis, and Inuit communities. The CER’s Crown consultation approach is flexible to individual Indigenous communities’ preferences for consultation

The Participant Funding supports greater public participation and access to adjudicative proceedings and related early engagement and/or Crown consultation, specifically the participation of Indigenous Peoples, landowners and not for profit organizations potentially affected by projects being reviewed though the Infrastructure, Tolls and Tariffs program. Participant funding awards (Grants and Contributions) are reported publicly, as per the Guidelines on the Reporting of Grants and Contributions Awards, on the Government of Canada’s Open Data Portal.

Supplementary information sources:

• The Canadian Energy Regulator Act (CER Act) (see: “GBA Plus” search within the Act)
• The CER’s Filing Manual (Guidance on Applications under the CER Act):
  “Table A-3: Filing Requirements for Socio-economic Elements” → “GBA Plus Throughout”
• Canada Energy Regulator – 2023–24 Departmental Plan
• Grants and Contributions awarded by the CER, including Participant Funding, Government of Canada’s Open Data Portal

GBA Plus data collection plan:

Tracking of Regulatory GBA Plus Outputs:

The program is tracking regulatory output related to GBA Plus considerations within the Infrastructure, Tolls and Export Applications program:

• Information Requests (IRs) sent to companies (by the CER or other participants in CER adjudicative processes) which are related to GBA Plus
• Letters of Comment which reference GBA Plus
• Conditions attached to regulatory instruments (i.e, Certificates or Orders) which include GBA Plus considerations
• Filings related to socio-economic effects monitoring plans

Staff Review of Projects:

• All socio-economic specialists working in this program (i.e: Regulatory Stream) are required to take training on how to integrate GBA Plus considerations in their analysis. Note that all infrastructure adjudicative processes require review by the socio-economic job family. Thus, all infrastructure adjudicative processes were, and will continue to be, reviewed by staff with GBA Plus training.
• The technical work of socio-economic specialists that undertake application assessments (i.e. Regulatory Stream) is guided by three Technical Leaders and one Technical Specialist with appropriate advanced degrees and significant levels of professional work experience to provide technical oversight for this work, which includes ensuring appropriate training is provided to staff for the application of GBA Plus methodology in the assessments of applications as required by the CER Act.

Participant Funding:

• Grants and Contributions staff collect data and report on DRF measure related to participant funding. The demand for funding and the percentage of Indigenous participants will vary depending on the level of interest in energy projects subject to a public hearing (adjudication process) and related Crown consultation activities each year.

Core responsibility: Safety and Environment Oversight

Program name: Company Performance

Program goals: CER regulated companies operate facilities in compliance with regulatory requirements and project specific conditions throughout the full lifecycle.

As a regulatory infrastructure compliance program, resources focus on adherence by companies to legal requirements in relevant legislation and/or legal instruments. The Company Performance Program interacts with and supports other CER Programs which include GBA Plus considerations.

Target population:

This Program supports on-going engagement, through the Stakeholder Engagement and Indigenous Engagement Programs, with:

• Indigenous Peoples
• CER regulated companies.
• Landowners
• Communities who are affected by CER-regulated infrastructure.
• Other stakeholders such as various government agencies and non-governmental organizations (NGOs), etc.

Distribution of benefits:

Not Available

Specific demographic group outcomes

Not Available

Key program impacts* on gender and diversity

Not Available

GBA Plus data collection plan

As a regulatory infrastructure compliance program, the Company Performance indicators and associated data are not currently structured in a way that benefits are clearly disaggregated by identity factors.

Program name: Management System and Industry Performance

Program goals: CER regulated companies comply with regulatory companies to have a management system that identifies, and controls hazards and risks. Companies demonstrate an improved commitment to mitigating threats, including those related to safety culture.

As a regulatory infrastructure compliance program, resources focus on adherence by companies to legal requirements in relevant legislation and/or legal instruments. The Management System and Industry Performance Program interacts with and supports other CER Programs which include GBA Plus considerations.

Target population:

This Program supports on-going engagement, through the Stakeholder Engagement and Indigenous Engagement Programs, with:

• Indigenous Peoples
• CER regulated companies.
• Landowners
• Communities who are affected by CER-regulated infrastructure.
• Other stakeholders such as various government agencies and non-governmental organizations (NGOs), etc.

Distribution of benefits:

Not available

Specific demographic group outcomes

Not available

Key program impacts* on gender and diversity

Not available

GBA Plus data collection plan

As a regulatory infrastructure compliance program, the Management System and Industry Performance indicators and associated data are not currently structured in a way that benefits are clearly disaggregated by identity factors.

Program name: Emergency Management

Program goals: CER regulated companies are prepared for emergencies and if an event does occur, spills are cleaned up and contamination remediation is conducted in an efficient and effective manner.

As a regulatory infrastructure compliance program, resources focus on adherence by companies to legal requirements in relevant legislation and/or legal instruments. The Emergency Management Program interacts with and supports other CER Programs which include GBA Plus considerations.

Target population:

This Program supports on-going engagement, through the Stakeholder Engagement and Indigenous Engagement Programs, with:

• Indigenous Peoples
• CER regulated companies.
• Landowners
• Communities who are affected by CER-regulated infrastructure.
• Other stakeholders such as various government agencies and non-governmental organizations (NGOs), etc.

Distribution of benefits:

Not available

Specific demographic group outcomes

Not available

Key program impacts* on gender and diversity

Not available

GBA Plus data collection plan

As a regulatory infrastructure compliance program, the Emergency Management indicators and associated data are not currently structured in a way that benefits are clearly disaggregated by identity factors.

Program name: Regulatory Framework

Program goals: This Program is intended to deliver a Regulatory Framework that is robust, clear, transparent, coherent, and consistent. We apply a GBA Plus lens to our Regulatory Framework in our approaches to regulatory development.

Target population:

This Program supports on-going engagement with:

• Indigenous Peoples
• CER regulated companies
• Landowners
• Communities who are affected by CER-regulated infrastructure
• Other stakeholders such as various government agencies and non-governmental organizations (NGOs), etc.

Distribution of benefits:

Not available

Specific demographic group outcomes

Not available

Key program impacts* on gender and diversity

This Program applies a GBA Plus lens to the development, implementation, and monitoring of regulatory initiatives. When changes to the Regulatory Framework are contemplated, the Program undertakes a GBA Plus analysis to determine whether such changes could affect or be affected by GBA Plus considerations.

The Regulatory Framework Program applied a GBA Plus lens during the first phase of engagement on the Review of the Onshore Pipeline Regulations (OPR). In the first phase of engagement, we asked Indigenous Peoples, regulated companies, landowner groups, and others with an interest in the OPR how they would like to be engaged and informed during the OPR Review. Virtual engagement sessions were conducted, and efforts were made to connect with Indigenous Nations and communities across various regional offices.

In addition to the foregoing, the CER reached an agreement with the Impact Assessment Agency of Canada (IAAC) to administer funding for Indigenous Nations and Communities to participate in the first phase of engagement. The administration of funding enabled Indigenous Peoples and organizations to participate and provide input into the process. A significant number of Indigenous Nations and communities, 76 in total, signed agreements to receive funding and provide feedback on the Discussion Paper. The level of response and involvement was unprecedented for a regulatory review process and the input received will result in better regulation and oversight.

The Discussion Paper included a dedicated section on GBA Plus, seeking input on how gender and intersecting identity factors could influence the impact of the regulation on individuals. Input received in response to this question is being carefully reviewed and shared with relevant subject matter experts across the organization.

Supplementary information sources:

• Onshore Pipeline Regulations (OPR) Review-Discussion Paper
• Onshore Pipeline Regulations Review – What We Heard Report
• CER Regulatory Framework Plan: 2023 to 2026

GBA Plus data collection plan

The Regulatory Framework Program will continue to build tools and processes that will help the CER gather, collate, report and measure GBA Plus impacts as they relate to the development and management of the CER’s Regulatory Framework and regulatory initiatives.

During the 2022–23 fiscal year, the Program has further developed its GBA Plus approaches to assessing Regulatory Framework changes to incorporate GBA Plus into regulatory development, implementation, and monitoring. Further to the OPR Review that was described in the preceding section, the input received on GBA Plus from the first phase of engagement will be carefully reviewed to identify potential GBA Plus issues emerging from this input. This input will guide the CER in shaping and executing the second phase of the OPR engagement process to reflect GBA Plus issues that were identified in addition to expanding the scope of the engagement to reach other potentially impacted groups.

Core responsibility: Energy Information

Program name: Energy System Information

Program goals: To provide accessible, relevant and timely energy information developed in collaboration with stakeholders, including federal partners and Indigenous Peoples, that supports Canadians in their research or decision-making.

Target population:

All Canadians.

Distribution of benefits:

Not available

Specific demographic group outcomes

Canadians will benefit from expert-informed content that can be read with a Grade 8-10 reading level; images and charts that are assisted with textual descriptions; and content that is featured in both English and French. Some digital information products that are older or are experimental may lack key accessibility features. Accessible and readable content is created using the Government of Canada’s Web Experience Toolkit (WET), and Style Guide, respectively.

Key program impacts on gender and diversity

With the goal of producing accessible and useful Energy Information for All Canadians, and to seek collaboration and feedback, key impacts to diversity for this program include:

Increasing access using “every-day^Footnote 1” concepts

Two products exemplify this initiative, which are Market Snapshots and Canada’s Energy Future Report, particularly in using images and familiar concepts to portray information. Highlights include:

• An illustration of the different energy sources for renewable natural gas, like household food or wastewater^Footnote 2.
• The display of indigenous clean energy projects on an interactive map, so projects are more recognizably connected to communities.
• The depiction of a complex energy modeling system using a “recipe card” format and icons that portray elements of supply and demand.^Footnote 2
• Lesson plans for high school students that use maps, icons, and colours to depict energy diversity and consumption in Canada, with examples that guide readers on the ways to interpret data through different visualizations.

New opportunities for feedback – Canada’s Energy Future 2023

• Discussion Paper (CER's approach to the Canada's Energy Future 2023 report) – consultations were conducted over a one-month period and intended to gather feedback from and inform experts external to the CER. Results re-affirmed global and domestic assumptions and informed the new net-zero modelling approach.
• Usability Study that explored web page improvements to Canada’s Energy Future report. The study allowed people familiar with the report to share their experience of using it. Results led to a redesign of the format of the report, making content easier to find.

New collaboration with Indigenous Peoples

A key initiative for broadening collaboration was in the development and signing of a Memorandum of Understanding (MOU) with the Saskatchewan First Nations Natural Resource Centre of Excellence (SFNNRCOE). This MOU will increase the CER's ability to create and share energy information relevant to Indigenous Peoples. It does so by establishing a framework for incorporating Indigenous knowledge and worldviews into the development of products – starting with a particular focus on energy production in Saskatchewan Treaty lands.

Supplementary information sources:

• Two Decades of Growth in Renewable Natural Gas in Canada
• Clean Energy Projects in Remote Indigenous and Northern Communities
• Appendix 3: Overview of the Energy Futures Modeling System
• Exploring Canada’s Energy Future – Digital Learning Kit (Ingenium)
• Update on the development of EF2023
• Canada’s Energy Future 2023 Report
• CER partners with Saskatchewan First Nations to develop energy information products

GBA Plus data collection plan

This program does not collect sufficient data to monitor impacts by gender and diversity. As such, no notable actions were taken this fiscal.

In 2023–24, the program will run a pilot in the last two quarters that will measure the experience of website visitors on one product in the program. This pilot will use a survey method endorsed by the Government of Canada called the “Task Success Survey,” and is open to all. Results will identify areas for improvement across a diversity of needs and stakeholder groups and inform a wider approach to measurement.

In 2023–24, the program will also support Priority Area 3 for the CER’s Accessibility Plan 2023–25. It will do this by consulting with internal service partners who are leading this project, with the goal of establishing a CER-specific assessment tool.

Program name: Pipeline Information

Program goals: To increase the transparency and accessibility of information about CER-regulated pipelines, so Canadians can better understand the context, regulation and impact of CER-regulated infrastructure.

Target population:

All Canadians.

Distribution of benefits:

Not available

Specific demographic group outcomes

Canadians will benefit from expert-informed content that can be read with a Grade 8-10 reading level; images and charts that are assisted with textual descriptions; and content that is featured in both English and French. Some digital information products that are older or are experimental may lack key accessibility features. Accessible and readable content is created using the Government of Canada’s Web Experience Toolkit (WET), and Style Guide, respectively.

Key program impacts on gender and diversity

With the goal of increasing the transparency and accessibility of information about CER-regulated pipelines, key impacts to diversity for this program include:

Diversity and access in pipeline maps

Continuing from a pilot project in the prior fiscal, the CER launched five new interactive pipeline maps in its Pipeline Profiles product. An improvement over simpler images, these maps newly feature Indigenous lands, reflecting Canada’s diverse populations and where they reside in relation to pipelines. Each map also has a full textual description of its contents to support machine-assisted readers, in accordance with the Government of Canada Style Guide.

Increasing access using visualizations

Two products exemplify this initiative, which are Pipeline Profiles and the new “A look at pipeline flow and capacity.”

• "A look at pipeline flow and capacity,” aggregates and visualizes the CER’s most downloaded dataset, Pipeline Throughput and Capacity. The product allows visitors to consume the data in ways they might not otherwise be able to, as this data is not easily processed in aggregate form given the file size. To load this data as quickly as possible, a new internal server was launched that vastly improved load times over a public platform.
• The “Damage Prevention Regulation Contravention Reports,” an existing CER dataset on violations to CER safety rules, is also newly visualized in Pipeline Profiles. Previously only available in a data format, trends and locations are highlighted using a series of interactive bar charts and a map, respectively. These visualizations allow visitors to easily view trends without needing any technical knowledge and at no expense.

Supplementary information sources:

• Interactive pipeline maps: TC Canadian Mainline, Enbridge Canadian Mainline, Keystone, NGTL System, and Trans Mountain Pipeline
• Pipeline flow and capacity: CER News Release, dataset, and new website
• Damage Prevention Regulation Contravention Reports: dataset and sample dashboards

GBA Plus data collection plan

This program does not collect sufficient data to monitor impacts by gender and diversity. As such, no notable actions were taken this fiscal.

In 2023–24, the program will also support Priority Area 3 for the CER’s Accessibility Plan 2023–25. It will do this by consulting with internal service partners who are leading this project, with the goal of establishing a CER-specific assessment tool.

Core responsibility: Engagement

The Canada Energy Regulator (CER) is committed to ensuring that our work is informed by a diversity of views with input from both Indigenous Peoples and stakeholders.

In 2022–23, the CER’s CEO approved the first National Engagement Strategy and Framework. These documents support both the Indigenous and Stakeholder engagement programs by providing staff and leadership who engage (regardless of the program area they work in) the planning, tools, and support they need to do so in a confident and coordinated way.

The CER’s target audiences outlined in the National Engagement Strategy include Indigenous Peoples, regulated industry, groups who are directly impacted by our decisions and oversight, and groups with a common interest in the work we do.

Engagement is an integral strategic function that informs and provides value to all CER Program areas. Performance indicators and associated data are not currently structured in a way that benefits can be represented by numerical data. Benefits and results are reported through a narrative format.

Program name: Indigenous Engagement

Program goals: The unique rights and interests of indigenous Peoples are acknowledged and reflected in the CER Processes and Programs and that engagement with Indigenous Peoples is meaningful.

This program supports other CER programs, in particular programs within the Safety and Environment Oversight and Energy Adjudication core responsibilities. Performance indicators and associated data are not currently structured in a way that benefits can be represented by numerical data. Benefits and results are reported through a narrative format.

Target population:

Indigenous Peoples

Distribution of benefits:

Not available

Specific demographic group outcomes

• In the Summer of 2022, the Canada Energy Regulator (CER) launched a multi-phase initiative to co-develop a mechanism to foster collaboration between the CER and Indigenous communities relating to pipeline oversight, and to address and resolve issues for new and existing Nova Gas Transmission Limited (NGTL) projects.
• The first phase of engagement included five in-person regional meetings as well as one virtual meeting. Learnings from previous engagement efforts were pivotal in shaping how we engaged during the leadership meetings.
  • Meetings were tailored, as appropriate, to respect regional contexts (including Treaty areas, Métis regions, etc.).
  • A distinction-based approach was used to acknowledge the specific rights, interests, laws, practices, priorities, and concerns of First Nations and Métis Peoples.
• In addition, the CER co-wrote a summary report with Indigenous communities through a series of workshops to summarize the Indigenous-CER leadership meetings.
  • The workshops respected Indigenous protocol, provided a safe forum for open discussion, strengthened relationships, was productive, and contributed to a shared understanding of the work ahead.
  • Communities had the opportunity to apply for financial support (grants) to participate in the leadership meetings and the co-writing committee.
• The CER signed an MOU with Saskatchewan First Nations Natural Resource Centre of Excellence (SFNNRCOE) to collaborate on an Energy Data Project that responds to a need identified during engagement with the Indian Resource Council for energy Information products such as well data on Saskatchewan Treaty Lands.
• The CER developed a National Indigenous Engagement Blueprint, a subset of the National Engagement Strategy, to guide Indigenous engagement. The Blueprint prioritizes activities, guides program-specific engagement, and applies a distinctions-based approach, as guided by the recommendations of CER’s Board of Directors and the Indigenous Advisory Committee. It also aligns with CER’s Reconciliation Statement and the United Nations Declaration on the Rights of Indigenous Peoples as part of the Truth and Reconciliation Commission of Canada’s Calls to Action.
• The CER procured a contractor to co-develop a workshop to advance culture change with a specific focus on advancing an Indigenous Recruitment, Retention and Advancement Strategy and the Reconciliation Strategy and Truth & Confidence strategic priorities. The team comprised of CER staff to help define a shared vision, build trust, and foster inclusion. The workshop identified opportunities and recommendations for implementation of the strategy.
• The CER hosted several educational events:
  • May 5 – Article – Red Dress Day – The Disruption of Matriarchal Lineage in Indigenous Culture
  • June 15 – Official opening ceremony of the CER’s Elder’s room
  • September 22 (Calgary) September 29 (Vancouver) – Indigenous Led Nature Walk
  • October 11 – Spirit Readers Book Club – June/July/August Trickster Trilogy
  • November 30 – Indigenous Art Market

Key program impacts* on gender and diversity

Key program impact statistics:

Other key program impacts

Under the Canadian Energy Regulator Act, the CER must establish an advisory committee for the purpose of enhancing involvement of the Indigenous Peoples and Indigenous organizations in respect of CER-regulated pipelines, power lines and offshore renewable energy projects as well as abandoned pipelines.

The Indigenous Advisory Committee was established to meet this commitment under the CER Act. In 2022–23 the IAC’s work focused on fully integrating into the CER’s governance structure, building strong relationships, and advising the Board of Directors. This advice has had a significant impact on the strategic direction of the CER. The IAC has established a three-year work plan with five priorities: relationships and governance; United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration); cultural competency and change management; Indigenous Peoples’ involvement in regulatory oversight; and crown consultation and accommodation. The second annual IAC Progress and Impact Report was released in August 2023. The CER will continue to learn from the IAC about how it can incorporate Indigenous perspectives in the organization and its work.

This Program supports on-going engagement with Indigenous Peoples through collaboration and integration of efforts with other CER programs to build meaningful relationships with Indigenous Peoples.

In 2022–23 fiscal year highlights from the Indigenous Engagement program that supported the departmental result that input provided by Indigenous Peoples and stakeholders influence the CER’s decisions and work:

The CER continues to work with the Indigenous Advisory Committees for the Trans Mountain Expansion Project (IAMC-TMX) and Enbridge Line 3 Replacement Program (IAMC-Line 3). This includes but is not limited to:

IAMC-TMX:

• Conducting compliance verification activities with Indigenous Monitors (IMs) including emergency response exercise training opportunities to further IM capacity.
• Working with IAMC-TMX Indigenous Caucus to co-develop a measure in the UN Declaration Act Action Plan that calls for working in consultation and cooperation with First Nation, Métis and Inuit communities, governments and organizations
• Conducting field inspection with a First Nation Chief and Council present.
• Supporting and implementing improvements to Indigenous monitoring policy and programs such as:
• Continuing the Bridging Program that sees experienced IMs join the CER and train to become designated Inspection Officers.
• Increasing Indigenous participation in the identification and oversight of socio-economic and cultural effects of major development projects, with a focus on the Trans Mountain Expansion Project (TMEP).
• Building capacity for Indigenous communities to participate in community-driven socioeconomic and cultural effects monitoring of temporary work camps and other influxes of workers, and to mitigate impacts.
• Mobilizing and disseminating information, research, lessons learned and knowledge for communities and as advice to the CER.
• Exploring increased cooperation with the Marine Shipping Sub-Committee in emergency management areas.
• Continued focus on all-hazards emergency response planning for Indigenous communities.
• Review of funding proposals aimed at increasing operational emergency response capacity in communities.
• Development of emergency quick reference guides for communities.

IAMC-Line 3

• Conducting compliance verification activities with IMs such as the Enbridge Qu’Appelle River exercise.
• Engaging members on Indigenous Inclusion in Emergency Management project.
• Exploring Metis specific Emergency Response considerations with Emergency Management Sub-Committee.
• Supporting and implementing improvements to Indigenous monitoring policy and programs such as:
• Continuing the Bridging Program that sees experienced IMs join the CER and train to become designated Inspection Officers.
• Completing three decommissioning inspections across the entire line with IMs.
• Completing five additional compliance verification activities with IM participation: Operations & Maintenance inspection, Contaminated Sites Audit inspection, a Remediation inspection and two Reclamation inspections.
• CER staff participation in the Indigenous Monitor – Inspection Officer workshops in Calgary and Manitoba. Building relationships and exchanging knowledge between the Regulator and Indigenous Monitors.
• Soft launch of online based course developed between IAMC and third-party consultant, called Training for Indigenous Regulatory Involvement (TIRI).

Supplementary information sources:

• Indigenous Advisory Committee Progress and Impact Report
• 2022–23 Annual Report of the Canada Energy Regulator – Core Responsibilities

GBA Plus data collection plan

GBA Plus considerations were taken into account 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.

In 2022–23 fiscal year, feedback and learnings captured during the NGTL and OPR Review engagement sessions with stakeholders and Indigenous Peoples led the CER to adapt its plans to ensure groups and communities could participate in an accessible and meaningful way.

The CER will continue to implement these learnings in 2023–24. Specifically, as part of the engagement planning process adjustments are being tested to include an initial discovery phase to discuss with Indigenous Peoples the most effective way to include their group, community and/or representatives in specific engagement initiatives.

These continual improvement efforts will enhance engagement activities to make them even more relevant and meaningful for participants which will further influence the work of the CER.

Program name: Stakeholder Engagement

Program goals: The Stakeholder Engagement Program defines and provides a performance framework for the CER’s approach to engagement with those affected by our decisions and our work.

Target population:

The CER engages with various external parties to inform our decisions and improve our work such as:

• CER regulated companies.
• Landowners
• Communities who are affected by CER-regulated infrastructure.
• Other stakeholders such as various government agencies and non-governmental organizations (NGOs), etc.

Distribution of benefits:

Not available

Specific demographic group outcomes

Not available

Key program impacts* on gender and diversity

Key Program impact statistics:

Other key program impacts

The CER blends both planned and reactive engagement, combining careful planning and a capacity to adapt and react swiftly when circumstances demand it.

With the development of the first National Engagement Plan in 2022–23, the CER has focused resources on planned engagement that is strategic and goal oriented. It required careful planning, research, and consideration of long-term objectives. This new approach fostered more strategic and effective interactions with target stakeholders and Indigenous Peoples.

During natural disasters such as wildfires and floods, the CER adapted its approach and pulled back on engagement to respect the impact on affected stakeholders and Indigenous Peoples.

This Program supports on-going engagement with stakeholders through collaboration and integration of efforts with other CER programs to build meaningful relationships.

The following highlights demonstrate that input provided by stakeholders influence the CER’s decisions and work:

• The CER is continuing to improve its processes to make sure its engagement activities reflect the diversity of Canada. As an example, in the process for amending the Onshore Pipelines Regulations (OPR), the Regions reached out to multiple stakeholders to ensure diverse feedback and input were included.
• Consultation and collaboration have always been key to the Canada’s Energy Future (EF) series. The CER sought advice and feedback from various experts throughout the process, with the goal of validating its approach, assumptions, and preliminary results to ensure EF2023 was technically robust and credible.
• The Land Matters Group Advisory Committee (AC) expanded its reach by adding the forestry sector and increasing its regional representation. Two new sub-committees were also added to address priority issues identified in the work plan. Interpretation services is also offered at every meeting to ensure each member can equally benefit from the conversation.

Supplementary information sources:

• Consultation and Engagement
• Stakeholders we engage
• CER Dialogue

GBA Plus data collection plan

In the 2022–23 fiscal year, the CER introduced a more effective process for capturing feedback from Indigenous Peoples and stakeholders. The key drivers of this change included the wide array of objectives for engagement, the diversity of audiences, and the many possible interpretations of what defines meaningfulness.

CER staff were given two options for reporting on the meaningfulness of engagement based on feedback from participants. Both were based on engagement principles of transparency, relevancy, inclusiveness, accountability, and adaptability.

This new approach will allow the CER to collect more relevant information that will provide a more comprehensive picture of the impact of its engagement efforts. The CER will also be able to track audience and regional inclusion, along with key accomplishments and learnings from our efforts.

Date modified:

2023-12-14