Canada Energy Regulator – 2022–23 Departmental Plan

Institutional GBA Plus Capacity

Initiatives to advance implementation of GBA Plus governance within the Canada Energy Regulator (CER):

The CER is continuing to work on developing a framework for advancing GBA Plus within the organization. Included in this framework will be an assessment of required governance and resources at appropriate levels in the organization to support capacity building, monitoring, reporting and continual improvement of the framework.

There are new and ongoing initiatives to help advance GBA Plus departmental capacity, key initiatives include:

New Initiatives:

• GBA Plus capacity needs will be considered during the implementation of the Diversity and Belonging Roadmap (Roadmap).
• The CER is leveraging external subject matter experts to provide ongoing guidance and support toward implementing improved GBA Plus efforts while capacity of internal subject matter expertise is reviewed.

Ongoing Initiatives:

• The CER is developing a GBA Plus framework that will take a holistic view of GBA Plus desired outcomes that will support regulatory programs and internal service support functions.
• GBA Plus continues to be a top priority and is considered in alignment with matters related to the expansion and evolution of diversity and inclusion matters while the Roadmap is being developed.
• Efforts to consider the needs of diverse groups of employees continue as we adapt our workplace and supports in response to the pandemic and plan for a post-pandemic re-occupancy of our offices (hybrid workplace). Lessons learned from this work will be used for continual improvement in how GBA Plus is conducted within the CER.
• To become a more digital and data-driven organization, the CER has hired designers and data experts to analyze and improve our systems; this includes using data and user research to conduct GBA Plus analysis to increase accessibility to our services.

Highlights of GBA+ Results Reporting Capacity by Program

Data collection and reporting on Program impacts by gender and diversity capacity:

GBA Plus data is presented in various ways in company applications, participant comments and evidence, and in the Commission’s decisions and recommendation reports. All of this information is on the court of record and can be found for each relevant project in the CER’s regulatory database, REGDOCS. While embedded in our adjudication processes, we do not currently collect data in such a manner that would allow us to report impacts by gender and diversity.

This program supports greater public participation and access to adjudicative proceedings tied to energy reviews. It also requires companies to submit plans relating to the particular energy project under review that enhance benefits for Indigenous Peoples and local communities. Through the energy adjudication process, conditions may be imposed on projects to mitigate risks that are then monitored through the programs in the Safety and Environment Oversight Core Responsibility.

New Initiatives:

• In January 2022, the CER introduced improvements to its public participation portal to make it easier to participate in CER hearing processes. These changes will simplify submission of documents and comment letters and streamline the experience for participation portal users. In addition, the portal enables more inclusive participation by removing the requirement to select a gender-specific salutation.

Ongoing Initiatives:

• The CER expects proponents to take a GBA Plus lens when designing project-specific early engagement activities. As described in the CER’s Early Engagement Guide, companies should conduct early engagement activities in a manner that facilitates the involvement of all relevant diverse groups of people.

There are also legislative GBA Plus requirements for the Commission’s assessment of projects regulated under the CER Act, such as considering health, social and economic effects, including with respect to the intersection of sex and gender with other identity factors. By working through a GBA Plus analysis, the Commission can better understand the possible disproportionate effects of a project on distinct groups of people, including on vulnerable populations and populations identified by gender.

Data collection and reporting on Program impacts by gender and diversity capacity:

The Participant Funding Program (PFP) provides Grants and Contributions to support greater participation in public hearings and Crown Consultation of Indigenous Peoples, landowners and not for profit organizations potentially affected by projects being reviewed by the Infrastructure, Tolls and Tariffs program.

Ongoing Initiatives:

• Data is tracked by recipient and is publicly available on the Government Canada’s Open Data Portal as per the Guidelines on the Reporting of Grants and Contributions Awards.
• The PFP program continues to contribute to the Energy Adjudication review of the Departmental Results Framework measures. This review began in 2021–22.
• In 2021–22, the participant funding program (PFP) had two significant improvements. The first expanded funding to Indigenous Peoples impacted by some projects in the North to participate in related hearing and Crown Consultation processes. The second was the creation of a new feedback form to collect existing measures from Grant recipients

Data collection and reporting on Program impacts by gender and diversity capacity:

Oversight activities are not expected to negatively impact Canadians from identifiable groups. Specific conditions placed on an applicant relating to GBA Plus matters in the application assessment process (through the Energy Adjudication Core Responsibility) will be enforced in subsequent oversight activity and the CER will assess the need to address data gaps related to gender disaggregated data.

Very little GBA Plus specific data is available related to the outcomes of the CER’s safety and environment oversight core responsibility and programs. This data does not exist because the data and the CER measures for safety and environmental oversight serves as a proxy indication as to how safely that infrastructure is being operated.

The CER does not intend to collect specific GBA Plus data in this area because there are no differential impacts association with the operation of CER regulated infrastructure, it is either operated safely and benefits all Canadians or it does not.

Data collection and reporting on Program impacts by gender and diversity capacity:

Oversight activities are not expected to negatively impact Canadians from identifiable groups. Specific conditions placed on an applicant relating to GBA Plus matters in the application assessment process (through the Energy Adjudication Core Responsibility) will be enforced in subsequent oversight activity and the CER will assess the need to address data gaps related to gender disaggregated data.

Very little GBA Plus specific data is available related to the outcomes of the CER’s safety and environment oversight core responsibility and programs. This data does not exist because the data and the CER measures for safety and environment oversight serves as a proxy indication as to how safely that infrastructure is being operated.

The CER does not intend to collect specific GBA Plus data in this area because there are no differential impacts association with the operation of CER regulated infrastructure, it is either operated safely and benefits all Canadians or it does not.

Data collection and reporting on Program impacts by gender and diversity capacity:

Oversight activities are not expected to negatively impact Canadians from identifiable groups. Specific conditions placed on an applicant relating to GBA Plus matters in the application assessment process (through the Energy Adjudication Core Responsibility) will be enforced in subsequent oversight activity and the CER will assess the need to address data gaps related to gender disaggregated data.

Very little GBA Plus specific data is available related to the outcomes of the CER’s safety and environment oversight core responsibility and programs. This data does not exist because the data and the CER measures for safety and environment oversight serves as a proxy indication as to how safely that infrastructure is being operated.

The CER does not intend to collect specific GBA Plus data in this area because there are no differential impacts association with the operation of CER regulated infrastructure, it is either operated safely and benefits all Canadians or it does not.

Data collection and reporting on Program impacts by gender and diversity capacity:

New Initiatives:

• The Regulatory Framework program continues to build tools and processes that facilitate the application of GBA Plus to the full lifecycle of regulatory improvement initiatives; from development to monitoring and/or reporting. A comprehensive review of the Onshore Pipeline Regulations is underway and will use these tools and processes in 2022–23.

Ongoing Initiatives:

• In 2021, the Regulatory Framework program developed a new and improved program indicator that supports the application of GBA Plus processes. Specifically, this measure would obtain feedback from Indigenous communities and other stakeholders on the Regulatory Framework. This program indicator will be first reported on in the 2023–24 fiscal year.

Data collection and reporting on Program impacts by gender and diversity capacity:

New Initiatives:

• This program does not collect sufficient data to monitor impacts by gender and diversity; however, it will investigate how data could be collected. One example is establishing a survey for engagement or evaluation activities, looking to precedence established in other Federal departments (e.g. Service Canada Labs). This program will also contribute to the creation of an institutional-wide Accessibility Plan, where barriers to access could be enumerated in their identification, removal, and prevention.

Ongoing initiatives:

• This program serves people in Canada by providing equal access and does so by adhering to Government of Canada accessibility guidelines and web standards, the Canada.ca style guide, and choosing diverse imagery. Primary examples include Provincial and Territorial Energy Profiles, Canada’s Renewable Power, Canada’s Energy Future 2021, and Canada’s Energy Futures Visualization; the latter most notable for a custom design that enables users to navigate with their keyboard (an accessibility feature, explained by the W3C here).
• This program also considers people in Canada with the review of program materials. In 2020–21, the program conducted pre- and post- engagements with academia and industry on a flagship product, the Energy Futures report. It also conducted post engagements with federal, provincial, and territorial governments, in English and French, on Canada’s Renewable Power report.

Data collection and reporting on Program impacts by gender and diversity capacity:

New Initiatives:

• This program does not collect sufficient data to monitor impacts by gender and diversity; however, this program will work with two dedicated Engagement officers to investigate new opportunities that invite diverse audiences to shape pipeline information products. This program will also contribute to the creation of an institutional-wide Accessibility Plan, where barriers to access could be enumerated in their identification, removal, and prevention.

Ongoing initiatives:

• This program serves people in Canada by providing equal access and does so by adhering to Government of Canada accessibility guidelines and web standards, the Canada.ca style guide, and choosing diverse imagery. Primary examples include Facilities we regulate and Canada’s Pipeline System; the latter most notable for introducing a new technology, High Charts, which improved access to large-volume visualized datasets.
• This program also considers people in Canada with the review of program materials. In 2020–21, engagements were conducted with Indigenous staff to enhance pipeline information products. The program also conducted post-engagements on Canada’s Pipeline System report with municipal, provincial, and federal governments, other regulatory bodies, and environmental NGOs.

Data collection and reporting on Program impacts by gender and diversity capacity:

The CER is focused on delivering an engagement model that emphasizes building relationships, listening to Canadians, and sharing information to collaboratively identify and address issues while improving the way the organization works.

The CER engages with diverse groups of people on decisions that directly affect them. Through the Stakeholder Engagement Program we tailor engagement to reflect the unique relationships we have with those impacted by our work, notably landowners, and industry.

New Initiatives:

• Through the implementation of our National Engagement Framework, and regular performance assessment we will identify and address barriers to participation in CER processes.
• The CER is reviewing current engagement tools and performance measures with a goal of improving our processes and data to support more equitable and inclusive engagement planning.

Data collection and reporting on Program impacts by gender and diversity capacity:

The CER is focused on delivering an engagement model that emphasizes building relationships, listening to Canadians, and sharing information to collaboratively identify and address issues while improving the way the organization works.

The CER engages with diverse groups of people on decisions that directly affect them. Through the Indigenous Engagement Program we tailor engagement to reflect the unique relationships we have with Indigenous peoples impacted by our work.

New Initiatives:

• An Indigenous Engagement Framework is being developed as part of the National Engagement Framework. The Framework will support a more relationship based and collaborative approach to engaging with Indigenous peoples that respects the nation-to-nation, government to government, and Inuit-Crown relationships.
• The CER is reviewing current engagement tools and performance measures with a goal of improving our processes and data to support more equitable and inclusive engagement planning.

Data collection and reporting on Program impacts by gender and diversity capacity:

There are multiple internal services programs which have varying levels of maturity relating to GBA Plus data collection and reporting.

Below are initiatives to enable collection and monitoring of data to report on program impacts by gender and diversity (GBA Plus):

New Initiatives:

• Metrics set for gauging progress of the Diversity and Belonging Roadmap will measure progress of implementation and inform decisions relating to improved organizational and culture shifts.
• The CER will be adopting the new employee self-identification questionnaire to be rolled out by Treasury Board Secretariat. This will include expanded options to support the voluntary collection of disaggregated self-identification data. This data should provide the CER concrete evidence about GBA Plus/diversity and inclusion gaps that will be mitigated to improve employment fairness and equity.
• The CER is implementing its three-year Employment 2021–2024 Equity, Diversity and Inclusion Plan which includes GBA Plus measures. These measures will be monitored and inform decision-making during and after implementation.
• The CER will be conducting evaluations of its IT applications and physical facilities to determine the level of accessibility for users. The data collected from these evaluations will enable the organization to understand where barriers exist for diverse groups of people and how to address them.

Ongoing Initiatives:

• The CER will continue to conduct GBA Plus as part of all Treasury Board submissions, Budget Proposals and Memoranda to Cabinet in compliance with the evolving expectations from central agencies.
• GBA Plus analysis was conducted in 2020–21 to provide baseline CER employee data at the beginning of the COVID-19 pandemic. Additional analysis is underway and will be a critical component toward informing CER’s return to the workplace hybrid pilot.
• GBA Plus data collected from the annual Public Service Employee Survey will be considered for continuous improvements of people and workplace practices, as appropriate.
• Human Resource policies are under review which will include a GBA Plus analysis. This data and research will enable the CER to consider appropriate policy updates to ensure equity and inclusion outcomes are met.
• The CER will continue to review and identify requirements in GBA Plus data needs and explore solutions to address gaps where it can.