How we manage the Regulatory Framework

The RF Program delivers the CER’s regulatory policy functions. It manages Regulatory Framework changes, regulatory cooperation and parliamentary affairs. The RF Program contains the governance, processes and procedures used by the CER to manage its Regulatory Framework.

The RF Program is dedicated to implementing a Regulatory Framework that is:

• robust (capable of performing under the wide range of conditions applicable to our sector now and into the future);
• clear (the purpose and objectives of regulatory requirements can be described and are unambiguous);
• transparent (the requirements are publicly available);
• coherent (all parts of the Regulatory Framework, and our implementation of it, work together as a system); and
• consistent with the regulatory approaches that guide our work.

To achieve this goal we:

• work with a broad range of stakeholders to continually improve our regulatory tools. This includes regulatory cooperation activities to drive toward best practices and to minimize differences with other jurisdictions, where it makes sense to do so;
• review our regulatory stock to ensure regulations that are in force remain appropriate and determine whether updates are required; and
• assess regulatory documents, policies and guidance to ensure they achieve their intended purpose.

When assessing the overall effectiveness of the Regulatory Framework, we are responsible for keeping under study the functioning of the Canada Energy Regulator Act (CER Act), Canada Oil and Gas Operation Act (COGOA), the Canada Petroleum Resources Act (CPRA) and all associated regulations. Other statutes, such as the Financial Administration Act, the Access to Information Act, the Privacy Act and the Canada Labour Code are subject to review by other Government of Canada departments.

The Regulatory Framework evolves over time, taking into account:

• the data, information and performance results the CER collects;
• what we have heard from regulated companies, Indigenous Peoples and stakeholders impacted by our regulated facilities;
• the best practices, learnings and technological advancements from within our sector as well as other jurisdictions and sectors domestic and abroad; and
• our Strategic Priorities.

Through the RF Program, we prepare a Regulatory Framework Plan that sets out the regulations, regulatory documents, and guidance products that we plan to develop or amend over a three year period, including the projected timelines.

The Regulatory Framework Plan compliments other external facing documents used to communicate improvements to the Regulations that make up the CER’s regulatory stock, in accordance with Treasury Board Secretariat (TBS) policy:

• the Regulatory Stock Review Plan which identifies existing regulations that will undergo a routine evaluation and review within a set timeframe, and
• the Forward Regulatory Plan which confirms CER intentions to amend existing or develop new regulations in the next two years.

We are committed to engagement, and we welcome your feedback on the Regulatory Framework, the Regulatory Framework Plan and the Forward Regulatory Plan, at any time by sending an email to Regulatory.Framework@cer-rec.gc.ca.