Canada Energy Regulator – 2020–21 Departmental Results Report – Supplementary information tables

There are GBA Plus analysis requirements integrated into various areas of work of the CER. GBA Plus support exists both within regulatory programs as well as within internal services functions.

• GBA Plus is integrated into decision-making processes as every Budget proposal, Memorandum to Cabinet, and Treasury Board Submission undergoes a rigorous assessment of the potential implications of all policies or programs on diverse populations.
• The GBA Plus Community of Practice (COP) provides peer support to staff within the organization.
• The GBA Plus COP supports the programs through events and by providing access to diversity data so that programs can make informed decision-making with respect to diverse populations. It also promotes online education resources available to all staff (such as the GBA Plus Canada School of Public Service course), networking, and sharing best practices on integrating GBA Plus. Connections include other government departments such as Transport Canada, the Impact Assessment Agency, and the Canadian Nuclear Safety Commission, as well the GCConnex intergovernmental GBA Plus Community of Practice.
• The CER produces a significant number of publications for Canadians, designed to respect web accessibility requirements. As such, these publications allow individuals with disabilities or reduced internet capabilities to access the work of the CER.
• Further to the above, the CER has a dedicated staff member in 2021–22 supporting the implementation of the Accessible Canada Act.
• GBA Plus analysis requirements are embedded within the CER Program Infrastructure Tolls and Tariffs through the assessments made under CER Act during regulatory applications. Socio-Economic job family is responsible for GBA Plus regulatory analysis.
• Internally, GBA Plus analysis is also being applied to issues of increasing diversity and inclusion of CER staff, thereby increasing internal capacity in this analysis.
• In FY 2020–2021, the Internal Services program responsible for data and information management provided data analysis training to increase data analysis capacity at the CER, which could improve capacity to integrate a GBA Plus lens for increased disaggregation of data sources.
• The organization undertook a six month Diversity and Belonging initiative early in fiscal year 2021–22, allocating six staff on a half time basis for six months to provide additional support to the organization’s incorporation of diversity and inclusion. One of the activities is a high-level environmental scan of the internal resourcing impacting either diversity and inclusion or GBA Plus analysis capacity.
• The Canada Energy Regulator is working at finalizing a framework for advancing GBA Plus. Once that framework is complete, estimated FY 2021–22, the CER expects an even greater understanding of the resources required for GBA Plus.

Core Responsibility: Energy Adjudication

Program: Infrastructure Tolls and Export Applications

Target Population:

This program predominantly focuses on the review of energy projects. As such, the target population of the program includes the following:

• Industry applicants
• Indigenous Peoples, particularly rights holders impacted by the project
• Rights holders, owners, and users of lands impacted by the project
• Not for profit organizations potentially affected by projects
• General public, given the mandate for considering the public economic interest
• The majority of the energy projects occur in Western Canada

Distribution of Benefits:

Key Impacts: Statistics

Observed Results^Footnote 1

Data Source

Comment

N1 – Percentage of facility hearings where outreach activities meet commitments.

100%

Energy Adjudication files

This program has a GBA Plus tagged indicator as part of our PIP. Indicator #1777

Key Impacts: Other

There are GBA Plus requirements for assessment in the CER Act. Section 183.2 (c) of CER Act outlines what factors need to be considered in Commission recommendations to the Minister.

Filing guidance has been issued on assessing GBA Plus requirements in applications and staff have started assessing applications using this guidance. These actions support the Minister’s mandate to apply GBA Plus in decision-making. The CER has continued to provide staff with training on this topic to ensure that people are competent and qualified to provide those GBA Plus analysis. In Fiscal Year 2020–2021 all applications submitted for physical projects were assessed against the new guidance.

Reconciliation is a Strategic Priority of the CER in 2020–2021. The CER is undertaking increasing number of activities to engage with Indigenous Communities in the area of Infrastructure, Tolls and Export Applications. Additionally, the governance structure of the CER now includes an Indigenous Advisory Committee (IAC). The overarching mandate of the IAC is to advise the Board on how the CER can build a renewed relationship with First Nations, the Métis Nation, and the Inuit. The IAC:

• advises on strategic, systemic, and policy and program development matters relevant to the IAC and CER mandates;
• advises on how best to enhance the involvement of the Indigenous peoples of Canada and Indigenous organizations in respect of the CER’s work;
• advises on the integration of Indigenous perspectives, knowledge, teachings, values, use of the land and water, oral traditions, and worldviews in the regulation of CER-regulated energy infrastructure, throughout the lifecycle; and,
• helps the Board “raise the bar” when shaping the organization’s strategy related to the integration of Indigenous rights, interests and values into the CER’s work and processes.

There is also a Land Matters Group – Advisory Committee (LMG-AC) made up of representatives from impacted landowners, associations of owners and users of lands, industry, land professionals, Natural Resources Canada, and CER staff. The LMG-AC operates as a two-way conduit of information between the CER and LMG-AC members by providing participants with opportunities to share insight and advice on the protection of landowner rights and interests, with the ultimate goal of achieving regulatory excellence. By sharing information and real-life experience, LMG-AC members can build awareness and develop relationships across a diverse network.

The CER has an Engagement Core Responsibility that intersects with this program. The Indigenous Engagement program and the Stakeholders Engagement program under that Core Responsibility do work on engagement with representatives of diverse interests, which then informs the processes and regulations within this program.

Additionally, in October 2020, the CER established the Indigenous Relations and Reconciliation Business Unit to serve as a Centre of Excellence with respect to Indigenous engagement and our reconciliation activities across all CER programs.

Supplementary Information Sources:

The Canadian Energy Regulator Act (CER Act) (see: “GBA Plus” search within the Act)

The CER’s Filing Manual (Guidance on Applications under the CER Act):
“Table A-3: Filing Requirements for Socio-economic Elements” → “GBA Plus Throughout”

GBA Plus Data Collection Plan:

Tracking of Regulatory GBA Plus Outputs

The program is tracking regulatory output related to GBA Plus considerations within the Infrastructure, Tolls and Export Applications program:

• Information Requests (IRs) sent to companies (by the CER or other participants in CER adjudicative processes) which are related to GBA Plus
• Letters of Comment which reference GBA Plus
• Conditions attached to regulatory instruments (ie, Certificates or Orders) which include GBA Plus considerations

Staff Review of Projects

• In FY 2020–21, all socio-economic specialists working on this program (ie: Regulatory Stream) were required to take training on how to integrate GBA Plus considerations in their analysis. Note that all infrastructure adjudicative processes require review by the socio-economic job family. Thus all infrastructure adjudicative processes were, and will continue to be, reviewed by staff with GBA Plus training.
• The technical work of socio-economic specialists that undertake application assessments (i.e. regulatory stream) is guided by 2 Technical Leaders and one Technical Specialist with appropriate advanced degrees and significant levels of professional work experience to provide technical oversight for this work, including with appropriate training in application of GBA Plus methodology.

Core Responsibility: Energy Adjudication

Program: Participant Funding

Target Population:

This program supports greater public participation and access to adjudicative proceedings tied to eligible energy reviews and related early engagement and/or Crown Consultation, specifically the participation of Indigenous Peoples, landowners and not for profit organizations potentially affected by projects being reviewed though the Infrastructure, Tolls and Tariffs program.

• All Canadians – participation in adjudicative proceedings benefits all Canadians, as the information provided through participation inform fair and transparent decision making in the public interest.
• Indigenous Peoples impacted by proposed energy projects (CER Act hearing participation and related Crown Consultation)
• Indigenous Peoples impacted by proposed energy projects in the North (COGO and OGO Act hearing participation and related Crown Consultation)
• Landowners or users impacted by proposed energy projects (CER Act hearing participation)
• Not for profit organizations with value-added information on proposed energy projects (CER Act hearing participation)

Distribution of Benefits:

By Indigenous vs Non-Indigenous Recipients

Indigenous Recipients:

⏺ (75-100%)
2020–21 observed result
90% of recipients identified as Indigenous
(This is a responsive Transfer Payment Program which is dependant on the applicants. Percentage of participants who are Indigenous will vary depending on the year and the adjudicative processes underway)

Non-Indigenous recipient

Key Impacts: Statistics

Observed Results^Footnote 1

Data Source

Comment

(I4): Percentage of surveyed participant funding recipients who agree that participant funding enabled their participation in an adjudication process

2020–21:
100%
Target: 90%

PFP administrative data

Number of responses to final claim form question “The Participant Funding Program made it easier to participate in the CER hearing“ that received 3^Footnote 1 (neutral), 4 (somewhat agree) or 5 (agree) on a scale of 5 divided by all responses received in the reporting period.

(Subset of above) Percentage of Indigenous recipients who agree that participant funding enabled their participation in an adjudication process

2020–21:
100%
Target: 90%

Key Impacts: Other

The program can reimburse other eligible costs to participate such as translation (including Indigenous languages) and childcare costs which may reduce barriers to participation for language groups and women.

The CER advertises announced availability of funding directly to impacted Indigenous Communities (via project notification letter), and to all Canadians via CER website and Commission directed advertising paid by proponent.

Supplementary Information Sources:

Data is tracked by recipient and is publicly available on the Government of Canada’s Open Data Portal as per the Guidelines on the Reporting of Grants and Contributions Awards.

GBA Plus Data Collection Plan:

In FY 2021–22, the PFP Direct Deposit enrollment form was updated to capture Indigenous Community identification.

Core Responsibility: Energy Information

Program: Energy Systems Information

Target Population: All Canadians

This program produces digital information products that are intended to be consumed by all residents of Canada. These products are also produced with accessibility (e.g. visual impairments) and readability (e.g. plain language) in mind. The CER follows guidelines established in the Government of Canada’s style guide, and uses the Government of Canada’s WET Toolkit, which conforms to internet accessibility standards.

As a result, products use plain language targeting a Grade 8-10 reading level, images and charts employ descriptions that explain what is being shown, and documents are released in both English and French. Some digital information products that are older or are experimental may lack key accessibility features.

Distribution of Benefits:

Accessibility Scale: WCAG conformance is outlined here and is a component of the Standard on Web Accessibility. This scale was created by the Canada Energy Regulator and reflects ongoing efforts to measurably achieve implementation.

• First group: all products achieve AA WCAG status rating
• Second: all products achieve A WCAG status rating
• Third: products rely on best practices, but may lack key accessibility features

by Accessibility

Measurable

Best Practices

Key Impacts: Statistics

Observed Results
(FY 2020–2021)

Data Source

Comment

n/a

n/a

n/a

n/a

Key Impacts:

No notable characteristics

Supplementary Information Sources:

Example products that employ accessibility best practices, implemented FY 2020–2021

• Provincial and Territorial Energy Profiles – a top accessed product for this program that follows Government of Canada’s style guide and uses the WET Toolkit.
• Canada’s Renewable Power: Recent and Near-Term Developments – a recent product for this program that follows Government of Canada’s style guide and uses the WET Toolkit.
• Canada’s Energy Futures Visualization – an experimental product that features a keyboard navigable interface.

GBA Plus Data Collection Plan^Footnote 1:

• In FY 2020–2021, the Energy System Information Program conducted pre- and post- engagements with academia and industry on a flagship product, the Energy Futures report. It also conducted post engagements with government, in English and French, on Canada’s Renewable Power report.
• In FY 2021–2022, the Energy System Information Program will investigate establishing a survey looking to precedence established in other Federal departments (e.g. Service Canada Labs). This survey will support to ensure we engage a diversity of public members across products so more inclusive content is created.
• In FY 2020–2021, the Energy Information Business Unit conducted a review and learn of a recent hiring process and found opportunities to advance GBA Plus initiatives.
• In FY 2021–2022, the Energy System Information Program will incorporate these learnings.
• In FY 2021–2022, digital information products will be reviewed for improvement under an organization-wide Accessibility plan, to address the upcoming Accessible Canada Act.

Core Responsibility: Energy Information

Program: Pipeline Information

Target Population: All Canadians

This program produces digital information products that are intended to be consumed by all residents of Canada. These products are also produced with accessibility (e.g. visual impairments) and readability (e.g. plain language) in mind. CER follows guidelines established in the Government of Canada’s style guide, and uses the Government of Canada’s WET Toolkit, which conforms to internet accessibility standards.

As a result, products use plain language targeting a Grade 8-10 reading level, images and charts employ descriptions that explain what is being shown, and documents are released in both English and French. Some digital information products that are older or are experimental may lack key accessibility features.

Distribution of Benefits:

Accessibility Scale: WCAG conformance is outlined here and is a component of the Standard on Web Accessibility. This scale was created by the Canada Energy Regulator and reflects ongoing efforts to measurably achieve implementation.

• First group: all products achieve AA WCAG status rating
• Second: all products achieve A WCAG status rating
• Third: products rely on best practices, but may lack key accessibility features

Measurable

Best Practices

Key Impacts: Statistics

Observed Results
(FY 2020–2021)

Data Source

Comment

n/a

n/a

n/a

n/a

Key Impacts:

No notable characteristics

Supplementary Information Sources:

Example products that employ accessibility best practices, implemented FY 2020–2021

• Facilities we regulate – a top accessed product for this program that follows Government of Canada’s style guide and uses the WET Toolkit. Pipeline Profiles was a continually updated section in FY 2020–21.
• Canada’s Pipeline System – a recent product for this program that uses an experimental tool, High Charts, which visually represents large datasets. It was chosen to improve a web page’s ability to render a large amount of information.

GBA Plus Data Collection Plan^Footnote 1:

• In FY 2020–2021, the Pipeline Information Program conducted engagements with internal indigenous staff to enhance pipeline information products. We also conducted post-engagements on Canada’s Pipeline System report with municipal, provincial, and federal governments, other regulatory bodies, and environmental NGOs.
• In FY 2021–2022, the Pipeline Information Program will work with two dedicated engagement officers to identify new opportunities that invite diverse audiences to help shape pipeline information products.
• In FY 2021–2022, digital information products will be reviewed for improvement under an organization-wide Accessibility plan, to address the upcoming Accessible Canada Act.

Core Responsibility: Engagement

Program: Indigenous Engagement

Target Population: N/A

Distribution of Benefits: N/A

By Stakeholders vs Indigenous Community with a relationship to CER- regulated projects

Stakeholder Groups & Communities

Indigenous Groups & Community

Key Impacts: Statistics

Observed Results^Footnote 1

Data Source

Comment

Percentage of issues identified by Indigenous People that are addressed

N54
Target = 100%
Actual = 100%

No issues have exceeded the service standard

Engagement files

Key Impacts: Other

The Indigenous engagement program outcome is acknowledgement and reflection of the unique rights and interests of Indigenous peoples in the CER’s processes and programs. One indicator of success is the delivery of and participation in Indigenous cultural awareness activities and training that supports intercultural interactions. In 2020–21, the CER conducted a number of awareness and training activities including broader diversity, inclusion and inherent bias training.

The program also measures whether we are hearing from a broad range of Indigenous communities; by region and Indigenous groups (First Nations/Metis/Inuit). We strive to create engagement plans that seek to create opportunities for a diversity of voices to participate and we measure whether that was successful for each initiative.

Supplementary Information Sources:

n/a

GBA Plus Data Collection Plan:

The CER is undertaking the development of a National Engagement Strategy. As part of the development of this strategy, staff will be considering what data should be collected to meet the needs of the strategy as well as our two engagement programs. Data should support the CER to ensure that a broad diversity of voices is heard in making decisions and conducting our work.

Core Responsibility: Engagement

Program: Stakeholder Engagement

Target Population:

The key audiences are the energy industry, landowners, local, provincial and federal governments, and Indigenous rights holders (refer to Engagement guidance doc).

Distribution of Benefits:

By Stakeholders vs Indigenous Community with a relationship to CER- regulated projects

Stakeholder Groups & Communities

Indigenous Groups & Community

Key Impacts: Statistics

Observed Results^Footnote 1

Data Source

Comment

Percentage of issues identified by stakeholders that are addressed

N51
Target = 75%
Actual = NA

Engagement files

Targets are not changing until we assess the full impact of the National Engagement Strategy (under development)

Key Impacts: Other

Not available

Supplementary Information Sources:

• In addition to the parliamentary reports, the CER is obligated to provide an annual report.
• The Open Government directive applies to the CER. For any information on the Engagement program, check the Open Government website.

GBA Plus Data Collection Plan:

CER plans to gather additional GBA Plus data on Stakeholder Engagement, including a breakdown of issues by location, project, and category. In addition, we are undertaking the following related initiatives:

• Commission is to be consulted for broader guidance on GBA Plus
• As part of the National Engagement Strategy the CER is looking at whether we are using the right tools to reach the right audience and removing barriers to Engagement to get more diverse views and increase participation.

Building Staff Capacity

• Engagement specialists in the Stakeholder Engagement program are in the socio-economic job family. GBA Plus competency is included in the required accountabilities for Social-Economic Specialists, including the regional CER office staff who also conduct Stakeholder Engagement activities
• A Data Scientist is planned to be brought on board in the Communications and Engagement Business Unit, which is where the activities for the Stakeholder Engagement program are predominantly organized. This additional skill set is expected to help increase the capacity to collect GBA Plus specific data.

Core Responsibility: Safety and Environment Oversight

Program: Company Performance

Target Population:

Program supports on-going engagement with Indigenous peoples and other stakeholders, such as CER regulated companies, landowners and communities who are affected by CER-regulated infrastructure.

Distribution of Benefits:

N/A

As a regulatory infrastructure compliance program, the Company Performance indicators and associated data are not currently structured in a way that benefits are clearly disaggregated by identity factors.

Key Impacts: Statistics

Observed Results^Footnote 1

Data Source

Comment

N/A

N/A

N/A

N/A

Key Impacts: Other

Not available

GBA Plus Data Collection Plan:

Nothing to report for 2020–2021.

Core Responsibility: Safety and Environment Oversight

Program: Emergency Management

Target Population:

Program supports on-going engagement with Indigenous peoples and other stakeholders, such as CER regulated companies, landowners and communities who are affected by CER-regulated infrastructure.

Distribution of Benefits:

N/A

The Emergency Management indicators and associated data are not currently structured in a way that benefits are clearly disaggregated by identity factors.

Key Impacts: Statistics

Observed Results^Footnote 1

Data Source

Comment

N/A

N/A

N/A

N/A

Key Impacts: Other

Not available

GBA Plus Data Collection Plan:

Nothing to report for 2020–2021.

Core Responsibility: Safety and Environment Oversight

Program: Management System and Industry Performance

Target Population:

Program supports on-going engagement with Indigenous peoples and other stakeholders, such as CER regulated companies, landowners and communities who are affected by CER-regulated infrastructure.

Distribution of Benefits:

N/A

The Management System and Industry performance indicators and associated data are not currently structured in a way that benefits are clearly disaggregated by identity factors.

Key Impacts: Statistics

Observed Results^Footnote 1

Data Source

Comment

N/A

N/A

N/A

N/A

Key Impacts: Other

Not available

GBA Plus Data Collection Plan:

Nothing to report for 2020–2021.

Core Responsibility: Safety and Environment Oversight

Program: Regulatory Framework

Target Population:

Programs supports on-going engagement with Indigenous peoples and other stakeholders, such as CER regulated companies, landowners and communities who are affected by CER-regulated infrastructure

Distribution of Benefits:

n/a

Key Impacts: Statistics

Observed Results^Footnote 1

Data Source

Comment

Key Impacts: Other

This program applies a GBA Plus lens to the development, implementation, and monitoring of regulatory initiatives. When changes to the Regulatory Framework are contemplated, the Program undertakes a GBA Plus analysis to determine whether such changes could affect, or be affected by GBA Plus considerations. If the change is determined to have GBA Plus implications, additional analysis occurs to address the issue. In addition to internal analysis, consultations occur when new regulations or amendments are contemplated. Consultations often also occur in relation to Regulatory Framework changes that are non-legislative in nature, such as guidance products and other regulatory documents. These consultations can involve directly affected parties, Indigenous peoples, and the general public.

Supplementary Information Sources:

N/A

GBA Plus Data Collection Plan:

The Regulatory Framework Program will continue to build tools and processes that will help the CER gather, collate, report and measure GBA Plus impacts as they relate to the development and management of the CER’s regulatory framework and regulatory initiatives. During the 2020–2021 FY, the program has further developed its GBA Plus approaches to assessing regulatory framework changes by developing a template and work instructions to incorporate GBA Plus into regulatory development, implementation, and monitoring. The Regulatory Framework program plans to integrate these new tools in the upcoming fiscal year.

Core Responsibility: Energy Adjudication

Infrastructure, Tolls and Export Applications Program

Participant Funding Program

Core Responsibility: Energy Information

Energy Systems Information

Pipeline Information Program

Core Responsibility: Engagement

Indigenous Engagement Program

Stakeholder Engagement Program

Core Responsibility: Safety and Environmental Oversight (SEO)

Company Performance Program

Emergency Management Program

Management Systems and Industry Performance Program

Regulatory Framework Program

Core Responsibility: Energy Adjudication

Infrastructure, Tolls and Export Applications

Participant Funding

Core Responsibility: Energy Information

Energy System Information

Pipeline Information

Core Responsibility: Engagement

Indigenous Engagement

Stakeholder Engagement

Core Responsibility: Safety and Environmental Oversight

Company Performance

Emergency Management

Management Systems and Industry Performance

Regulatory Framework