Transition Binder for Minister of Natural Resources
II. CER and Government of Canada:
Government of Canada Policy
This section contains information on how broader Government of Canada policy applies to the CER. The CER is subject to broader Government of Canada policy, as applicable and respecting the Commission’s independent adjudicative authority. This includes policies and management requirements of the Treasury Board. The CER regularly works with other government departments and agencies in the interest of policy development and delivery of its legislated mandate.
The Governor in Council and the Minister, as applicable, may provide policy guidance and direction to the CER on matters of general application in a variety of ways, including but not limited to regulation, directions of general application on broad policy matters section 13 of the CER Act, other written policies of general application, and correspondence. For example, communications may pertain to matters such as the applicability of government priorities or policies to the CER, or the establishment as appropriate of objectives for the CER.
The CER also has a specific mandate under sections 80 through 84 of the CER Act to provide policy advice and recommendations to the Minister, both at the Minister’s request (mandatory) and at its own initiative (discretionary). Further, the CER may, on request, provide advice to another federal, provincial or territorial department or agency (s.84). In support of this aspect of its mandate, the CER is required to maintain a broadly-based study and review of matters relating to the energy sector in Canada and abroad as well as the safety and security of regulated facilities. CER officials supporting the advisory mandate bear in mind the requirement to make use of data and information from Government of Canada sources whenever possible (s.86), as well as the confidentiality of advice to the Minister, which may not be published without the Minister’s prior approval (s.83(2)).
Operating Within the Broader Government of Canda
This section contains information on how the CER operates within the broader Government of Canada. As a Board-governed departmental corporation, the CER operates with a level of day-to- day independence from the Minister. However, the CER is ultimately accountable to the Minister of Natural Resources and supports the Minister’s accountability to the Prime Minister and to Parliament for the CER’s overall performance.
A distinctive responsibility of the CER is the adjudicative role exercised by the Commission, which is intended to ensure the independence of individual decisions. The assurance of this independence is central to the CER’s mandate.
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