Message from the Lead Commissioner
On behalf of the Commission, I respectfully submit to the Honourable Seamus O’Regan Jr., Minister of Natural Resources, and provide to Canadians the 2020-21 Annual Report of the Commission of the Canada Energy Regulator (Commission).
The Annual Report tells the story of the first full fiscal year1 of the Commission and how it works to regulate infrastructure to ensure safe and efficient delivery of energy to Canada and the world, protecting the environment, and recognizing and respecting the rights of the Indigenous peoples of Canada. It covers the activities carried out by the Commission to fulfill its mandate pursuant to the Canadian Energy Regulator Act (CER Act), the National Energy Board Act, the Canada Oil and Gas Operations Act and the Canada Petroleum Resources Act.
The CER’s governance model delineates the adjudicative, corporate and operational functions of the organization. The Commission’s independence in the exercise of its adjudicative functions is an integral feature of that governance structure and a vital component of the CER’s mandate.
This past year will long be remembered as a time that demanded a great deal of innovation, adaptation and tenacity, from all Canadians as well as from the Commission.
During the global COVID-19 pandemic, the Commission demonstrated agility while fulfilling its mandate and responsibilities to Canadians. Taking hearings to a virtual format and adapting the corresponding adjudication processes was no small feat and over the past year, Commissioners and the CER staff that supported them, rose to the challenge. During this period, the Commission adjudicated a wide range of proceedings and did so within established service standards and legislative time limits2.
The preamble to the CER Act outlines our commitment to achieving Reconciliation with Indigenous peoples and the Commission acknowledges and is appreciative of the understanding and flexibility shown by all participants during its adjudicative proceedings in 2020-21. For example, because in-person gatherings were not possible during the pandemic, the Commission instead engaged with Elders and Knowledge Keepers through virtual oral Indigenous knowledge sessions, with appropriate ceremony and protocol in place. Our gratitude also extends to all other parties who participated in our proceedings during this difficult year, and we recognize that this may have required overcoming some unique challenges.
The CER’s new Strategic Plan which went into effect on April 1, 2021 will guide the work of the CER over the next three years. The establishment of a clear path forward for the CER is an important step in ensuring alignment on a shared Vision and Mission and also across four Strategic Priorities namely, Trust and Confidence, Reconciliation, Competitiveness and Data and Digital Innovation. In alignment with the Strategic Plan, the Commission contributed a number of priority systemic improvements in support of its mandate and adjudicative operations, such as new automated reporting to monitor the status of applications and to improve awareness of performance.
During 2020-21, the Commission considered applications regarding pipelines and powerlines, tolls and tariffs, as well as a liquefied natural gas export licence. In keeping with Canadians’ expectations of the Commission, those applications were considered using processes which were transparent and accessible, all while adhering to the requirements of natural justice and procedural fairness. Over the course of the year, the Commission issued more than 800 decisions and orders across a wide range of energy projects. In addition, the Commission engaged in ongoing regulatory oversight that takes place after facilities are approved, such as condition compliance for certain pipeline projects and the assessment of financial resource requirements for companies in relation to the abandonment of facilities.
The Commission also adjudicated some of its first applications pursuant to the CER Act during the reporting year. This entailed the Commission having regard, during the assessment of projects, for new factors such as Gender-Based Analysis Plus (GBA+), and the extent to which an application contributes to the government of Canada’s climate change commitments.
Amidst the pandemic, the Commission also welcomed and onboarded a new Commissioner in January 2021. Mélanie Chartier, our newest colleague, brings the Commission to a full contingent of seven Commissioners.
In closing, I wish to thank my colleagues for their continued professionalism, hard work, and collegiality. I also wish to acknowledge and thank the CER staff who supported the work of the Commission over the past year: the Commission leans heavily every day on the technical expertise, counsel and management support it receives. The dedication shown by all of these public servants – Commissioners and CER staff – in their service of Canadians is deeply appreciated.
The original version was signed by
Damien A. Côté,
Lead Commissioner
Canada Energy Regulator
- (1) Last year’s report covered the work of both the outgoing Members of the National Energy Board as well as the incoming CER Commissioners.
- (2) Legislated time limits were met for all but one project. In the case of the Trans Mountain Westridge Delivery Line Relocation decision, the time limit was not met as a result of the application’s abeyance and concurrent Trans Mountain Reconsideration process.