2021–22 Annual Report of the Commission of the Canada Energy Regulator – Role of the Commission

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The Commission renders decisions as set out by its mandate described in the CER Act and other legislation. In its adjudicative role, it adheres to the purpose and provisions of the CER Act, recognizing and respecting the rights of Indigenous peoples pursuant to section 35 of the Constitution Act, 1982.Footnote 1 As well, the Commission adheres to the requirements found in Part III of the Official Languages Act,Footnote 2 the rules of natural justice and relevant jurisprudence. Pursuant to the CER Act, neither the Board of Directors nor the Chief Executive Officer (CEO) may provide direction (nor advice, in the case of the Board) with respect to any decision, order, or recommendation that is made by the Commission or a commissioner. While its adjudicative role is independent, the Commission contributes to the overall effective delivery of the CER’s mandate.

The Commission is a court of record with all the powers, rights and privileges vested in a superior court of record with respect to any matters within its jurisdiction. It can adjudicate (including on its own initiative) any matter where a person has done or failed to do anything required by the CER Act and can also inquire into any accident involving a pipeline or other CER-regulated facility.

The Commission has the power to make orders and prohibitions for the enforcement of its decisions. It may make rules for carrying out its work and managing its internal affairs, including rules respecting the powers, duties and functions of Commissioners, its procedures and practices, its sittings and its decisions, orders, and recommendations.

In 202122, the Commission consisted of seven full-time Commissioners appointed by the Governor in Council, including the Lead Commissioner and Deputy Lead Commissioner. For more details on the CER’s Commissioners, please refer to Appendix A : Commissioner Biographies.

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