Enhancing Indigenous involvement and driving meaningful change
The Canada Energy Regulator (CER) is strengthening how Indigenous Peoples and communities participate in energy regulation. This work honors the unique cultures, knowledge systems, and histories of Indigenous Peoples and reflects a broader shift toward more meaningful, long-term Indigenous involvement in how federally regulated energy projects are planned, monitored, and overseen.
We are building a more transparent, accountable, and trusted regulatory system for everyone by supporting Indigenous leadership and perspectives across the full lifecycle of energy infrastructure.
How this aligns with Canada’s commitments
Canada has committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) through the UN Declaration on the Rights of Indigenous Peoples Act and its Action Plan. Canada’s commitment to implementing the UN Declaration is also embedded in the CER’s enabling legislation.
The UN Declaration Act Action Plan provides a roadmap of actions Canada needs to take in consultation and cooperation with Indigenous Peoples to implement the principles and rights set out in the UN Declaration and to further advance Reconciliation in a tangible way. One of the Action Plan’s measures - Action Plan Measure Strategic Priority 34 (APM SP34)- focuses specifically on enhancing Indigenous participation in projects and matters that are currently regulated by the CER.
The CER worked with Natural Resources Canada and the Trans Mountain Expansion Indigenous Advisory and Monitoring Committee (TMX-IAMC) to co-develop APM SP34 and we are working collaboratively to advance the measure in a coordinated and deliberate way.
Our efforts build on years of partnerships, including:
- The Indigenous Advisory and Monitoring Committees (IAMCs) for the Trans Mountain Expansion (TMX) and for the Enbridge Line 3 Replacement Program (Line 3).
- Indigenous monitoring on-the-ground through the IAMCs and other initiatives, including monitoring on the Nova Gas Transmission Limited pipeline system (NGTL System) and through the Aboriginal Liaison Program.
- The CER’s engagement with communities potentially impacted by the NGTL System to explore the topic of Indigenous involvement in compliance and oversight. This led to a growing recognition that Indigenous involvement must go beyond consultation and become part of how regulation itself works.
- Strengthening our regulatory frameworks to better reflect Indigenous rights, interests, and knowledge.
How the CER is advancing this work
While implementing the UN Declaration Act Action Plan is a whole-of-government effort, the CER will focus on APM SP34 implementation to guide our work to enhance Indigenous involvement in energy regulation.
APM SP34 commits the CER and Natural Resources Canada to work in consultation and cooperation with First Nation, Métis and Inuit communities, governments and organizations to (i) enhance the participation of Indigenous peoples in, and (ii) set the measures that could enable them to exercise federal regulatory authority in respect of, projects and matters that are currently regulated by the Canada Energy Regulator (CER). This means developing how Indigenous communities can play an enhanced role in the oversight of major energy projects currently regulated by the CER.
The CER is helping lead, guide, and support several key areas of work:
- Amend the Canadian Energy Regulator Onshore Pipeline Regulations and Filing Manuals applicable to the lifecycle (design, construction, operation and abandonment) of CER-regulated infrastructure, in a manner that:
- incorporates specific localized knowledge held by Indigenous peoples, as well as Indigenous laws, policies, practices, protocols, and knowledge
- strengthens measures to prevent and address impacts to Indigenous rights and interests, including in relation to heritage resources and sites of Indigenous significance.
Learn more
The CER continues to modernize its regulatory tools to better reflect Indigenous rights and interests. This includes strengthening how potential impacts are prevented or addressed and ensuring Indigenous knowledge can be meaningfully reflected in regulatory requirements and oversight.
- Develop a systemic model to enhance Indigenous peoples’ involvement in compliance and oversight over the lifecycle (design, construction, operation and abandonment) of CER-regulated infrastructure. The model should integrate learnings from existing structures and relationships.
Learn more
The CER is working toward a more consistent, system-wide approach so Indigenous Peoples can be involved in oversight across all CER-regulated energy infrastructure, not just a select few projects. Our work includes bringing multiple Indigenous monitoring initiatives under a common framework, with guidance and leadership from Indigenous experts. Indigenous partners and communities will be central to the development and implementation of a systemic model, including both its “boots on the ground” and “seats at the table” functions, to ensure this work protects Indigenous rights and interests and continues to reflect the needs of Indigenous partners and communities over time.
- Develop regulations respecting the Minister of Natural Resource Canada’s power to enter into arrangements that would enable Indigenous governing bodies to be authorized to exercise specific powers, duties and functions under the Canadian Energy Regulator Act.
Learn more
Natural Resources Canada is leading work to develop new regulations to allow Indigenous governing bodies, where they choose to do so, to take on specific roles under federal energy laws. This could enable Indigenous governments to formally carry out certain regulatory functions, rather than participating only as external advisors.
Why this matters
Indigenous Peoples have for years raised concerns about energy projects affecting their lands, rights, cultures, and ways of life. Many have also expressed frustration with their participation in regulatory processes that felt late, technical, or disconnected from real decision-making.
Setting clear expectations of companies through regulation and filing guidance around involvement of Indigenous Peoples can help address some of these frustrations.
Involving Indigenous Peoples in monitoring and oversight is equally important – this results in improved environmental protection, transparency, and trust on projects regulated by the CER. We have learned through our work to-date that to be effective and lasting, this involvement needs to be systemic, not limited to a handful of projects.
Grounded in Canada’s commitments under the UN Declaration, APM SP34 marks an important step toward embedding Indigenous Peoples into how energy projects are regulated, strengthening environmental protection and building a better regulatory system for all Canadians.
This approach reflects our commitment to Reconciliation and operational efficiency. It promises to streamline engagement, reduce duplication, and improve consistency, helping reduce regulatory burden while enhancing safety, transparency and confidence.
Reconciliation is ongoing and long-term. We are committed to continuing this journey in partnership with Indigenous Peoples - learning, adapting, and building. Our goal is a stronger regulatory system where Indigenous Peoples contribute to safety and to the protection of the land, air, water, and culture for generations to come.
- Date modified: