2021–22 Annual Report of the Commission of the Canada Energy Regulator
Table of Contents
- Message from the Lead Commissioner
- Role of the Commission
- What We Achieved
- What the Future Holds
- Summary of CER Commission Decisions and Recommendations
- Appendix A: Commissioner Biographies
- Appendix B: Application Activity in 2021–22
- Appendix C: Time Limits
- Appendix D: Leave to Open Orders Issued in 2021–22
- Appendix E: Commission Orders and Directions 2021–22
- Appendix F: Post-Approval Compliance
- Appendix G: Abandonment Funding
- Appendix H: Financial Resources Requirements
- Appendix I: Abbreviations and Definitions
Note: The 2021–22 Annual Report of the Commission of the Canada Energy Regulator is one of two Annual Report documents that summarize the Canada Energy Regulator’s achievements of the past year. To learn more about the work of the Canada Energy Regulator as a whole, please see the 2021–22 Annual Report of the Canada Energy Regulator.
Message from the Lead Commissioner
On behalf of the Commission of the Canada Energy Regulator (the Commission), I submit to the Honourable Jonathan Wilkinson, Minister of Natural Resources, and to Canadians, the 2021–22 Annual Report of the Commission of the Canada Energy Regulator (CER).
This report is a full year account of the Commission’s activities and of how the Commission regulates infrastructure to ensure the safe and efficient delivery of energy to Canada and the world. It encompasses the 2021–22 activities carried out by the Commission in fulfilling its mandate pursuant to governing legislation, including the Canadian Energy Regulator Act (CER Act), the Canada Oil and Gas Operations Act and the Canada Petroleum Resources Act.
The Commission and its mandate are defined and characterized in the CER Act. The Commission’s independence in the exercise of its adjudicative functions is a feature of the CER’s governance structure.
The Commission’s adaptability and resilience during the pandemic laid the foundation for success during 2021–22. In the past year, the Commission continued to fulfill its mandate and responsibilities to Canadians by building upon the previous year’s learnings. The second-year experience of assessing energy projects in a virtual environment resulted in the successful adjudication of a wide range of proceedings within established legislated time limits. The Commission appreciates the understanding and flexibility shown by all participants in its adjudicative proceedings of 2021–22.
Applications for pipelines, powerlines, tolls, and tariffs were adjudicated using transparent and accessible processes. The Commission’s productivity and breadth of work is shown through the issuance of 771 decisions across a wide range of energy projects. In addition, the Commission engaged in ongoing regulatory oversight that occurs for approved facilities, including but not limited to condition compliance for certain pipeline projects and the assessment of financial resource requirements for companies in relation to the abandonment of facilities.
On April 1, 2021, the CER’s Strategic Plan took effect. The plan guides the CER’s work over the next three years outlining what Canadians can expect from the CER moving forward. While independent in the discharge of its functions, the Commission is supportive of the CER’s four strategic priorities: Trust and Confidence, Reconciliation, Competitiveness, and Data and Digital Innovation.
Highlighting the important priority of Reconciliation, on June 21, 2021, the United Nations Declaration on the Rights of Indigenous Peoples Act (Act) came into force. This Act is a plan for the Government of Canada and Indigenous peoples to work together to implement the United Nations Declaration on the Rights of Indigenous Peoples based on lasting Reconciliation, healing, and cooperative relations. This aligns with the CER Act preamble which emphasizes the importance of Reconciliation with Indigenous peoples. In 2021–22, the Commission engaged with Elders and Knowledge Keepers through virtual oral Indigenous Knowledge sessions and, beyond the adjudicative setting, also participated in various learning opportunities in furtherance of Reconciliation.
Another area of activity during the reporting year was Canada’s commitments with respect to climate change. In particular, the Government of Canada committed to achieving net-zero emissions by 2050 through the Canadian Net-Zero Emissions Accountability Act, which became law on June 29, 2021. Given the Commission’s obligation to consider, during adjudication, the extent to which a proposed project hinders or contributes to the government of Canada’s ability to meet its commitments in respect of climate change, this will be an area of ongoing interest for the Commission.
Finally, I am pleased to welcome Ramona Sladic, the new Vice-President, Secretary of the Commission.
In closing, I am grateful for my colleagues who continue to rise to new challenges, always with their steady professionalism, hard work, and collegiality. They have been instrumental in achieving the Commission’s success and fulfilling its mandate. I also wish to acknowledge and thank the CER staff and leadership for their support over the past year. The commitment shown by both Commissioners and the CER staff in their service of Canadians is both commendable and deeply appreciated.
Original signed by
Damien A. Côté,
Canada Energy Regulator
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