ARCHIVED – Canada Energy Regulator – 2019–20 Departmental Results Report – Results: what we achieved

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:

• Gender-based analysis plus
• There are GBA+ requirements for assessment in the CER Act. Section 183.2 (c) of CER Act^{Footnote 13} outlines what factors need to be considered in Commission recommendations to the Minister such as health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors. Filing guidance has been issued on assessing GBA+ requirements in applications and staff have started assessing applications using this guidance. The CER’s Socio-Economic Specialists focus on ensuring that public participation in the CER’s adjudicative processes respond to the needs of Canadians, including gender-based matters.
  
  
• Experimentation
• The CER has worked with Code for Canada, a not-for-profit organization that connects government innovators with the technology and design community, to update its REGDOCS platform. Outcomes of this experimental work are detailed in the Results section.

The CER Act brought forward changes to the way resource projects are assessed by the CER^{Note de bas de page 14}. These changes include early planning and engagement during project reviews; enhanced Indigenous engagement and the incorporation of Indigenous knowledge; consideration of adverse effects on the rights of Indigenous Peoples; and increased public participation opportunities. Advancing Canada’s global competiveness is now core to the CER’s mandate. The organization is committed to making decisions in a predictable way and within time limits, providing certainty to investors and stakeholders, driving innovation and enabling the carrying out of sound projects that create jobs for Canadians. 

Over the past year, the CER has focused efforts on sharing information and supporting potential participants in the adjudicative process, while both establishing new processes to reduce barriers to participation, and maintaining procedural fairness and efficient, timely completion of processes. The CER met its targets for fairness, timeliness, transparency and accessibility in 2019–20, and advanced work on key program initiatives:

• Enhancing the CER’s Online Adjudication Information: In March 2020, the organization delivered on a multi-year project to update the REGDOCS system^{Footnote 15} to a more user-friendly digital platform. REGDOCs provides the public with the information they seek in relation to the organization’s adjudication work. It contains over 300,000 documents and received more than one million page views in 2019–20, making the system the most-accessed page on the CER’s website.
  
  The CER partnered with Code for Canada, a not-for-profit organization that connects government innovators with the technology and design community, to update REGDOCS. The recently completed upgrades make the system more navigable and intuitive for the public. REGDOCS now features consolidated search functions and capability, a mobile-friendly filter function, search result descriptions and downloadable, open-information datasets. This gives Canadians better access to the many reports, environmental assessments, transcripts and decisions kept in its database.
• Working with the Impact Assessment Agency: In June 2019, the Government of Canada passed legislation that put in place a ‘one project, one assessment’ approach for resource development proposals. Staff from the CER and Impact Assessment Agency^{Footnote 16} predecessor organizations worked closely together to ensure their future integrated reviews would be coordinated and effective.
  
  Later in the year, the Impact Assessment Agency and the CER began their first collaboration on a project under the new legislation, the Gazoduq^{Footnote 17} pipeline, a proposed 780 kilometre natural gas line which would run from Ontario to Quebec. The Impact Assessment Agency is leading the review with technical support from the CER. The review must satisfy the requirements under both the Impact Assessment Act and CER Act.
• Developing a Crown Consultation Process: Over 2019–20, the CER rolled out a process for its new Crown Consultation^{Footnote 18} responsibility. The CER strives to build meaningful relationships with Indigenous Peoples across the country who are potentially impacted by the infrastructure it regulates. Crown Consultation is a new component of that relationship with Indigenous Peoples.
  
  The new Crown Consultation approach will see the organization engage with potentially affected Indigenous Peoples early in the CER’s adjudicative process. The CER’s new Crown Consultation responsibilities will be part of project reviews for new pipelines, powerlines or offshore renewable energy projects, as well as for activities it regulates over the lifecycle of energy infrastructure.

Results achieved

Budgetary financial resources (dollars)

Human resources (full-time equivalents)

Financial, human resources and performance information for the CER’s Program Inventory is available in the GC InfoBase.^Footnote 19

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:

• Gender-based analysis plus
  
  Safety and oversight activities are not expected to negatively impact Canadians from identifiable groups. Specific conditions placed on an applicant relating to GBA+ matters in the application assessment process are enforced in subsequent safety oversight activity and the CER assesses the need to address data gaps related to gender disaggregated data.
  
  The CER conducts a GBA+ analysis pursuant to the Cabinet Directive on Regulation 19^{Footnote 20} for its regulation development projects. The CER works to strengthen its regulatory framework by assessing the impact that proposed regulations could have on Canadians from identifiable groups. Communications with regulated industry uses gender-neutral terms and promotes gender-neutral terminology.
  
  
• Experimentation
  
  Over 2019–20, the CER conducted the ‘Safety Culture Signals Pilot’^{Footnote 21} project, which focused on testing how the CER can use data from compliance activity observations to better understand the safety culture of its regulated companies.
  
  

The CER aims to achieve the target of zero incidents that harm people or the environment on the 73,000 km of pipeline it regulates. When the activities of regulated companies have the potential to pose greater harm to people or the environment, the CER focuses increased oversight through engagement, inspections, investigations, audits and enforcement, when necessary.

The CER remained focused on incident prevention throughout 2019–20. There were eight incidents that harmed people or the environment over the year, down from 26 in 2018–19, with a 13% decrease on the specific incident types targeted by regulatory oversight and actions. The difference year-over-year correlates with lower construction rates (resulting in less serious injuries), as well as the CER’s continued compliance oversight on major pipeline projects:

• Trans Mountain Expansion Project^{Footnote 22} (TMX): Trans Mountain proceeded with construction activities on its TMX pipeline in 2019–20. Throughout each of Trans Mountain’s activities, the CER held the company accountable and verified that it was meeting its requirements and commitments through rigorous compliance verification activities, informed by the CER’s participation in the TMX Indigenous Advisory Monitoring Committee, and in collaboration with Indigenous Monitors.

• Keystone XL^{Footnote 24} (KXL): In 2019–20, there was no construction activity on the Keystone XL Project. Although there was no right-of-way construction to inspect, the CER undertook five compliance activities, related to safety, integrity, and environmental protection of the existing Keystone pipeline.
  
  The CER also issued its pre-construction audit of the KXL Project in March 2020. The company filed its corrective and preventative action plan, including an analysis of deficiencies, which was approved by the CER.

Unauthorized Activity (UA) reporting was up 23% over last year with most of the increased reporting coming from Ontario. The increased reports of these “near-misses” occurred across all types of UAs, involved all types of workers (such as contractors and landowners), and all types of land uses. Rather than pointing to a specific problem, this trend is consistent with a general increase in detection and reporting.

Results achieved

Budgetary financial resources (dollars)

Human resources (full-time equivalents)

Financial, human resources and performance information for the CER’s Program Inventory is available in the GC InfoBase.^Footnote 25

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:

• Gender-based analysis plus
  
  Energy Information products are designed not to discriminate. We ensure our energy information products meet all Government of Canada accessibility guidelines.
  
  
• Experimentation
  
  Collaboration with other organizations to enhance energy information and data for Canadians was a focus in 2019–20, along with relevant data analysis to meet their needs. Experimentation methods are considered as a part of this work.
  
  Energy Information did leverage investments in data, analytics and information management systems to improve the accessibility of information about energy systems in Canada and the energy infrastructure regulated by the CER.
  
  

The CER plays a vital role in conveying objective and neutral information to Canadians and is at the forefront on energy markets monitoring and analysis. Staff analysis supports assessment of energy infrastructure projects and applications, provides analysis on important policy developments, models Canada’s energy supply and demand projections, and provides Canadians with reports and dashboards to help make informed choices on energy matters.

Stakeholders continue to rely on the CER’s specialized expertise on energy matters. Program measures indicate that 92% of surveyed web users agree that energy information is useful for knowledge, research or decision-making.

The main external stakeholder groups who contacted the CER seeking energy information included industry, think-tanks, and other government departments. Energy Information staff have noted a growing trend of more complex and sophisticated information requests (for example, pertaining to modeling assumptions) which indicates a high level of engagement with the data and information.

• One-point access to relevant, accurate energy information: The CER collaborated with Natural Resources Canada, Environment and Climate Change Canada, and Statistics Canada on the Canadian Energy Information Portal^Footnote 27, centralizing all national energy data into a single online space. The portal offers a single point of access to a wide variety of statistics and measures of the country’s energy sector. Users can access an array of information on topics such as energy production, consumption, international trade, transportation and prices.
• More information on energy and energy infrastructure in communities: The CER continued to develop its Pipeline Information program, applying more focus on the safety and security performance of CER-regulated energy infrastructure. The online CER Pipeline Portal^Footnote 28 complements information already published by the organization. It includes an interactive Pipeline Map, a Safety Performance Dashboard and detailed financial analysis of Canada’s Pipeline Transportation System. The CER’s Pipeline Profiles^Footnote 29 are frequently relied upon by participants in CER adjudication processes.
• Provision of expert energy analysis to benefit the public: When the British Columbia Utilities Commission (BCUC) established an inquiry into gasoline and diesel prices in that province in the spring of 2019, Energy Information staff were asked to participate in the inquiry by the BCUC and the federal Minister of Natural Resources. The CER provided in-person and written submissions to the BCUC panel, supplying information on regulated pipeline transportation service and capacity allocation, the supply of gasoline and diesel in B.C., and transportation service on the Trans Mountain Pipeline. The final report of the inquiry^Footnote 30 was issued on August 2019, relied extensively upon graphs and statistics taken from the CER’s energy information products.

Results achieved

Budgetary financial resources (dollars)

Human resources (full-time equivalents)

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

Engagement

Description: Engaging with stakeholders and Indigenous Peoples on topics within the CER’s mandate and role, beyond engagement on specific projects.

Results:

• Gender-based analysis plus
  
  The CER assesses how groups of women, men and gender-diverse people may experience engagement on policies, programs and projects differently. The CER seeks to understand and build better and more enduring relationships with Indigenous Peoples and stakeholders, and will continue to build its capacity to collect and test feedback from engagement efforts to support its GBA+ approach. This work will be carried out in a respectful manner, ensuring that the privacy of Canadians is protected.
  
  
• Experimentation
  
  The CER did explore and expand use of data-mining techniques to help better identify and share information at the community level, so that we have the right information when meeting with Indigenous communities and stakeholders about community-specific issues.
  
  

In 2019–20, the CER focused on delivering an engagement model that emphasized building relationships – committing to listen to what Canadians had to say and sharing the unique information the CER has as a regulator. Particular emphasis was given to engaging regularly with impacted Indigenous groups, landowners and municipalities through the use of the IAMC’s and other multi-stakeholder round tables to share information and seek input on regulatory improvements undertaken as part of the implementation of the CER Act.

The organization continually worked to earn the confidence of Canadians by engaging people on decisions that directly affected them, and acting on the feedback it received. Results demonstrated a high level of interaction with Indigenous Peoples and stakeholders, and indicate that surveyed participants felt that those interactions were meaningful. That two-way dialogue assisted the CER in making better decisions and recommendations to support safety and environmental protection, regulatory efficiency, energy literacy and transparency across every aspect of its work:

• Increasing Indigenous Involvement in Monitoring of Energy Infrastructure: The CER’s work with the IAMCs over 2019–20 continues to shape its broader approach to incorporating Indigenous perspectives in its monitoring and oversight activities, and enhancing its engagement with Indigenous communities. The CER recognizes the importance of maintaining Indigenous involvement in the oversight of major projects and the significant contribution provided by the Indigenous Monitors.
  
  The CER has worked closely with the TMX-IAMC^Footnote 32 to deliver joint training for IAMC Indigenous Monitors, as well as involving the IAMC and Monitors in emergency management and preparedness activities. The CER was an active participant in the TMX-IAMC Emergency Management Working Group, and one of that Group’s initiatives in 2019–20 was an Incident Command System Pilot Project, which provided training to Indigenous persons in ICS processes. Subsequently, fifteen Indigenous trainees attended Trans Mountain’s full-scale emergency response exercise in British Columbia as part of the Pilot training program.
  
  The value of this collaborative work cannot be overstated. Since the global COVID-19 pandemic began in early March 2020, the CER and the IAMC have worked together to include Indigenous Monitors in desktop Compliance Verification Activities and in the development of new field guidance in accordance with federal and provincial heath authorities. Going forward, CER inspections will be conducted with enhanced safety protocols informed by best practices and advice from the IAMCs. Where field activities are needed, they will be done safely, with appropriate safeguards in place to protect Indigenous Monitors, their communities and the CER inspectors working alongside them.
• Forging a new path with the Indigenous Advisory Committee: The CER is fundamentally transforming the way it works to advance reconciliation with Indigenous Peoples, basing its approach upon the recognition of rights, respect, cooperation and partnership. In 2019–20 the CER worked with several national Indigenous organizations IAC that includes First Nations, Inuit and Métis representatives.
  
  The IAC was established and announced in August 2020. It will play a critical role in working with the CER’s Board of Directors, providing strategic advice on the work of the CER and on developing the framework for an enduring relationship between Indigenous Peoples and the organization. The advice provided by the Committee will not be project-specific, but will focus on perspectives related to various environmental, social, cultural, and spiritual matters associated with the CER’s mandate in order to help us advance reconciliation.
• Building Engagement Capacity and Competency: The CER is continually building its capacity to engage with Canadians and Indigenous Peoples. The organization invested heavily in the skills and cultural competencies of its employees in 2019–20, by establishing an Intercultural Competency Training Framework for its staff, investing in processes and its management system, and supporting staff from across the organization to engage with Canadians on a more regular basis. The focus of the training was to equip staff to better understand Indigenous history, issues and concerns, understand cultural differences and communications styles and to more effectively identify ways to co-design regulatory approaches. Over the year, more than half of the organization participated in at least one cultural competency or Indigenous awareness training activity.
• Engaging Landowners in Program Improvement and Issues Resolution: The CER’s Land Matters Group^Footnote 33 provides a multi-stakeholder forum for the exchange of insights and advice regarding the protection of landowner rights and interests. Group members from across the country share points of view, experience and information to build awareness and relationships across a network of people with diverse backgrounds – all aimed at working together to resolve issues, prevent harm, and strengthen the regulatory oversight of industry activities under the CER’s mandate.
  
  In 2019–20, an Advisory Committee of the Land Matters Group was established to provide input on matters relating to the implementation of the CER Act. The Committee provided advice on the development of the CER’s Early Engagement model, attracting broader participation in the CER’s hearing process, building a Land Matters Advisory Service, and creating processes for resolving compensation disputes. The advice directly informed, shaped and guided the CER’s current regulatory approach in these areas.

Results achieved

Budgetary financial resources (dollars)

Human resources (full-time equivalents)

Financial, human resources and performance information for the CER’s Program Inventory is available in the GC InfoBase.^Footnote 34

Internal Services

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

• Acquisition Management Services
• Communications Services
• Financial Management Services
• Human Resources Management Services
• Information Management Services
• Information Technology Services
• Legal Services
• Materiel Management Services
• Management and Oversight Services
• Real Property Management Services

Internal services programs played an overarching and integral role in ensuring the smooth transition of the NEB to the CER. From the creation of processes to support new business operations and preparing the organization to support a new Board of Directors and Commissioners, to transitioning the organization’s financial systems and providing timely, transparent communications – the internal services rose to the challenge of providing seamless support through a year of intensive change.

Improvements in the CER’s ability to deliver results in both its internal services and regulatory programs was enhanced by two strategic organizational initiatives – People and Workforce Excellence, and Data Transformation – which were established as Focus Areas going into 2019–20. Embracing its place within the broader federal public service, the CER adopted the Privy Council Office’s Beyond 2020^Footnote 35 framework to help guide the people aspects of the organization’s transition. The desired outcome is “a Public Service that is more agile, more inclusive, and better equipped” meet the changing expectations of Canadians.

The CER invested in its data, analytics and information management systems to ensure that the organization’s analysis, reports and statistical trends are optimized and more accessible to Canadians. The CER has a wealth of environmental, socioeconomic and Indigenous records acquired through 60 years of operation by its predecessor regulator. Modern innovations in big data, text mining and other data science techniques have given the CER new opportunities to combine these decades worth of information to draw insights that will enable it to gain enterprise-wise efficiencies. This helps build an energy regulatory system that inspires public trust.

Results

Budgetary financial resources (dollars)

Human resources (full-time equivalents)

Financial, human resources and performance information for the CER’s Program Inventory is available in the GC InfoBase.^Footnote 36

Date modified:

2023-06-09