Canada Energy Regulator – 2021–22 Departmental Results Report – Supplementary information tables – Gender-based analysis plus

Section 1: Institutional GBA Plus Capacity

In the 2021–22 fiscal year (f/y), the CER considered what was needed at the enterprise level to increase GBA Plus capacity and improve governance.

To help increase capacity, a process was completed early 2022–23 f/y to access the services of a third-party provider. Services offered include coaching, providing advice, and conducting GBA Plus assessments when needed. Short-term internal resources were also obtained to develop tools for policy reviews.

Coming out of the work of the Diversity and Belonging Team, as well as reviewing GBA Plus governance structures in other departments, the CER confirmed a need for a more holistic framework. It is intended this enterprise framework will provide streamlined support to staff and leadership. It will also encompass learnings, best practices, and innovations from other departments and experts.

As in previous years, in 2021–22, most GBA Plus work occurred at the program activity level and through the work of the Strategic Priorities.

Multiple initiatives took place that incorporated GBA Plus considerations. Below are some of the key areas in which GBA Plus capacity and outcomes were supported:

• Through leveraging the advice of the Indigenous Advisory Committee (IAC) and the Indigenous Advisory and Monitoring Committees (IAMCs) for Trans Mountain Expansion and Enbridge Line 3 Replacement Program, the CER has been able to significantly advance Reconciliation within the CER mandate. The CER will continue to learn from the IAC and the IAMCs about how it can incorporate Indigenous perspectives into every level of the organization and its work^Footnote 1.
• Investment was made in data and digital training for staff. Advanced data and digital training programs were implemented, as well as the creation of a Data Community of Practice. These efforts support building a strong data and digital culture, which will support staff to develop a more comprehensive understanding for the potential collection and use of GBA Plus data.
• The CER is making its workplace more inclusive, diverse, and accessible. In 2021–22 Staffing actions were completed with an emphasis toward improvements in recruitment and retention of equity-deserving groups, including a dedicated Indigenous Recruitment, Retention and Advancement Strategy. In addition, the CER launched innovative employee consultations to revamp a suite of Human Resource policies through equity, diversity, inclusion, and accessibility lenses.
• The CER participated in the Government of Canada’s GBA Plus Awareness Week, in May 2022. During the same week, the CER also hosted events to promote and raise awareness of GBA Plus best practices.

The CER is committed to advancing the implementation of GBA Plus within the organization. Knowledge and practices will continue to mature within CER Programs as the next steps for the development and implementation of a holistic framework are determined.

Section 2: Gender and Diversity Impacts, by Program

Core Responsibility: Safety and Environment Oversight

Program Name: Company Performance

Target Population:

This Program supports on-going engagement with:

• Indigenous peoples
• CER regulated companies
• Landowners
• Communities who are affected by CER-regulated infrastructure
• Other stakeholders such as various government agencies and non-governmental organizations (NGOs), etc.

Distribution of Benefits:

Not Available

Key Program Impacts on Gender and Diversity:

Not Available

GBA Plus Data Collection Plan:

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.

Core Responsibility: Safety and Environment Oversight

Program Name: Emergency Management

Target Population:

This Program supports on-going engagement with:

• Indigenous peoples
• CER regulated companies
• Landowners
• Communities who are affected by CER-regulated infrastructure
• Other stakeholders such as various government agencies and non-governmental organizations (NGOs), etc.

Distribution of Benefits:

Not Available

Key Program Impacts on Gender and Diversity:

Not Available

GBA Plus Data Collection Plan:

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

Core Responsibility: Safety and Environment Oversight

Program Name: Management System and Industry Performance

Target Population:

This Program supports on-going engagement with:

• Indigenous peoples
• CER regulated companies
• Landowners
• Communities who are affected by CER-regulated infrastructure
• Other stakeholders such as various government agencies and non-governmental organizations (NGOs), etc.

Distribution of Benefits:

Not Available

Key Program Impacts on Gender and Diversity:

Not Available

GBA Plus Data Collection Plan:

As a regulatory infrastructure compliance program, 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.

Core Responsibility: Safety and Environment Oversight

Program Name: Regulatory Framework

Target Population:

This Program supports on-going engagement with:

• Indigenous peoples
• CER regulated companies
• Landowners
• Communities who are affected by CER-regulated infrastructure
• Other stakeholders such as various government agencies and non-governmental organizations (NGOs), etc.

Distribution of Benefits:

Not Available

Other Key Program Impacts on Gender and Diversity:

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:

• Onshore Pipeline Regulations (OPR) Review-Discussion Paper
• CER – Regulatory Framework Plan

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 2021–22 fiscal year, the program has further developed its GBA Plus approaches to assessing regulatory framework changes by developing work instructions to incorporate GBA Plus into regulatory development, implementation, and monitoring. In addition, the program applied a GBA Plus lens during engagement on a proposed regulation change by requesting comments on GBA Plus in the OPR Review Discussion Paper. The Regulatory Framework Program will continue to build and integrate GBA Plus into its work in the upcoming fiscal year.

Core Responsibility: Energy Adjudication

Program Name: 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:

• CER regulated 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

Not available

This is a regulatory program, not service or transfer payment focused. While some activities or projects may be possible to disaggregate out by identity factors, there is no one focus group for the main outcome of this overall program.

Key Program Impacts on Gender and Diversity:

Other Key Program Impacts on Gender and Diversity:

Reconciliation is a Strategic Priority of the CER in the 2021–22 f/y. The CER is undertaking increasing number of activities to engage with Indigenous communities in infrastructure, tolls and export applications. There is variability amongst Indigenous communities regarding preferences and capability to meet virtually; CER staff continue to explore ways in which to accommodate preferences to maximize participation in CER adjudicative processes.

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. In 2021–22, all applications submitted for physical projects were assessed against the new guidance. These actions support the Minister’s mandate to apply GBA Plus in decision-making.

The CER continues to provide staff with training to ensure that people are competent and qualified to provide GBA Plus analysis. Ensuring Socio-Economic Analysts in the Energy Adjudication core responsibility are skilled in conducting social impact assessments, with equity considerations playing a central role, is an important part of individual professional development.

Additionally, the governance structure of the CER includes the Indigenous Advisory Committee. 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.

Over the course of the previous year, the IAC provided advice and guidance on a number of topics that impact energy adjudication processes, including implementation of the UN Declaration on the Rights of Indigenous Peoples, Crown consultation, and the process to review pipeline abandonment cost estimates.

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 Stakeholder Engagement program under that core responsibility conduct engagement with representatives of diverse interests, which then informs the processes and regulations within this program.

The newly established Crown Consultation Team has worked to build relationships over the past year with Indigenous peoples, establishing meaningful consultation processes that are respectful of the uniqueness of First Nation, Metis, and Inuit communities. The CER’s Crown consultation approach is flexible to individual Indigenous communities’ preferences for consultation and is supported by reasonable funding to address financial barriers to participating.

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 (i.e, Certificates or Orders) which include GBA Plus considerations

Staff Review of Projects:

• All socio-economic specialists working in this program (i.e: Regulatory Stream) are 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 two Technical Leaders and two Technical Specialists with appropriate advanced degrees and significant levels of professional work experience to provide technical oversight for this work, which includes ensuring appropriate training is provided to staff for the application of GBA Plus methodology in the assessments of applications as required by the CER Act.

Core Responsibility: Energy Adjudication

Program Name: Participant Funding (PFP)

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:

Key Program Impacts on Gender and Diversity:

Other Key Program Impacts on Gender and Diversity:

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 parents, including single mothers.

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
• Guidelines on the Reporting of Grants and Contributions Awards

GBA Plus Data Collection Plan:

The PFP will continue to provide the data, including recipient type and province, as per the Guidelines on the Reporting of Grants and Contributions Awards, on the Government of Canada’s Open Data Portal. The demand for funding and the percentage of Indigenous participants will vary depending on the level of interest in energy projects subject to a public hearing (adjudication process) and related Crown consultation activities each year.

Core Responsibility: Energy Information

Program Name: Energy System Information

Target Population:

• All Canadians

Distribution of Benefits:

Not Available

Other Key Program Impacts on Gender and Diversity

This program produces digital information products that are intended to be consumed by all residents of Canada. As such, these products are produced with accessibility (e.g. visual impairments) and readability (e.g. plain language) in mind, using the Government of Canada’s Web Experience Toolkit (WET), and Style Guide, respectively.

In 2021–22, particular attention was on improved readability, with focus on content structure and images, per the Canada.ca Style Guide.

Supplementary Information Sources

Example products demonstrating improved content structure and use of images, implemented in 2021–22:

• Energy Futures 2021 Report – the CER’s flagship report features a new landing page that simplifies access to important content, such as key findings and downloads, and features diverse people in photographic content. This report is also compliant with the WET toolkit (following it more closely, with few customized components) and has increased accessibility^Footnote 2 as a result.
• Market Snapshot: Is it possible to power your home with a bicycle? – an article written with the general public in mind and in a way that relates complex energy information to daily life. An information graphic is additionally used to “make complicated information easier to understand.”
• Market Snapshot: Plug-in hybrid vehicles... – another article written with the general public in mind, on a top-of-mind question regarding electric vehicle efficacy. An information graphic is used to “make complicated information easier to understand.”
• Market Snapshot: Crude oil imports decreased…-this article displays complex and aggregate data from a database typically used by technical experts, using simple charts and graphs.

GBA Plus Data Collection Plan

In 2021–22 the Energy Information System program collected data to inform program considerations through various means:

• Conducted pre- and post-release engagements with academia, provincial government, environmental non-governmental organisations (eNGOs), and industry on a flagship product, the Energy Futures report.
• Piloted a tool called Siteimprove and helped quantitatively measure compliance to Web Content Accessibility Guidelines (WCAG), an international standard that is supported by WET, the toolkit we use to build web pages. Learnings will be applied next fiscal to plan for regularly scheduled compliance improvements.

Additionally, the Energy Information core responsibility (EIcr) continued to apply learnings from previous years relating to recruitment of staff for both programs within the EIcr. These learnings apply assessment criteria from a GBA Plus lens. Results ensure that a diverse workforce contributes diverse perspectives to the material we produce.

In 2022–23 the Energy Information System program will continue to leverage engagement opportunities and incorporate lessons learned from diverse groups in the design and development of information products for Canadians.

As of this writing, there has been significant increase in web traffic for specific energy information products (e.g., Market Snapshots). Program staff will continue to monitor the level of web traffic for certain products over others and use this data to inform considerations for future product development.

Core Responsibility: Energy Information

Program Name: Pipeline Information

Target Population:

• All Canadians

Distribution of Benefits:

Not Available

Key Program Impacts on Gender and Diversity

This program produces digital information products that are intended to be consumed by all residents of Canada. As such, these products are produced with accessibility (e.g. visual impairments) and readability (e.g. plain language) in mind, using the Government of Canada’s Web Experience Toolkit (WET), and Style Guide, respectively.

In 2021–22, particular attention was on improved readability, with focus on content structure and images, per the Canada.ca Style Guide.

Supplementary Information Sources

Example product demonstrating improved content structure and use of images, implemented in 2021–22:

• Pipeline Profiles, Enbridge Line 9:
  • Structure – this pilot profile introduced several new ways to structure content for readability, including the use of tabs, headers, and bulleted lists (for easy scanning).
  • Map images – this pilot profile also features new visuals on a zoom-able map. This map increases visibility to location-specific content, and in particular, Indigenous lands. This reflects Canada’s diverse populations and makes it clear where Indigenous communities lie in relation to the pipeline.

GBA Plus Data Collection Plan

In 2021–22 the Pipeline Information program collected data to inform program considerations through various means:

• Conducted a small user experience interview study to assess the needs of potential users of program content. It included French and English speakers from the Ontario and Quebec regions of varying professional backgrounds. Results identified new opportunities and informed a 3-year plan to increase the usefulness and awareness of program content.
• Conducted a small user experience interview study with staff in the CER’s regional offices to learn of their experiences with the broader public and perceived content needs. Results informed new opportunities to improve content.
• Introduced a survey on pilot content (Enbridge Line 9) to assess the experience of visitors and invite their feedback. Results will inform future improvements to seeking feedback and the program content itself.
• Continued to establish relationships with the Indigenous Engagement program, Reconciliation Strategic Priority coordinators, and staff to seek input on program improvements.

In 2022–23 the Program will continue to leverage engagement opportunities and incorporate lessons learned from diverse groups in the design and development of information products for Canadians.

Core Responsibility: Engagement

Program Name: Indigenous Engagement

Target Population:

• Indigenous peoples

Distribution of Benefits:

Not available

This program supports other CER programs, in particular programs within the Safety and Environment Oversight and Energy Adjudication core responsibilities. Performance indicators and associated data are not currently structured in a way that benefits can be represented by numerical data. Benefits and results are reported through a narrative format.

Key Program Impacts on Gender and Diversity:

Other Key Program Impacts on Gender and Diversity:

Under the Canadian Energy Regulator Act, the CER must establish an advisory committee for the purpose of enhancing involvement of the Indigenous peoples of Canada and Indigenous organizations in respect of CER-regulated pipelines, power lines and offshore renewable energy projects as well as abandoned pipelines.

The Indigenous Advisory Committee was established to meet this commitment under the CER Act. In 2021–22 the IAC’s work focused on building the committee’s foundation and advising the Board of Directors. This advice has had a significant impact on the strategic direction of the CER. The first annual IAC Progress and Impact Report was released in March 2022. The CER will continue to learn from the IAC about how it can incorporate Indigenous perspectives in the organization and its work.

This Program supports on-going engagement with Indigenous peoples through collaboration and integration of efforts with other CER programs to build meaningful relationships with Indigenous peoples.

In 2021–22 fiscal year highlights from the Indigenous Engagement program that supported the departmental result that input provided by Indigenous peoples and stakeholders influence the CER’s decisions and work:

The CER continues to work with the Indigenous Advisory Committees for the Trans Mountain Expansion Project (IAMC-TMX) and Enbridge Line 3 Replacement Program (IAMC-Line 3). This includes but is not limited to:

IAMC-TMX:

• Conducting compliance verification activities with Indigenous Monitors (IMs).
• Working with IMs during the CER response during the floods in British Columbia
• Supporting and implementing improvements to Indigenous monitoring policy and programs such as:
  • The endorsement of an issue resolution Field Discussion Forum to enable continued discussions between Trans Mountain, the Indigenous Caucus of the IAMC-TMX, and the CER on operational issues that go beyond compliance-related issues;
  • The development of a Community Profiles mobile tool for IMs and CER Inspectors that provides them access to community information relevant to inspection areas;
  • Developing a new Bridging Program that sees experienced IMs join the CER and train to become designated Inspection Officers; and
  • Led work on Sites of Significance which includes setting expectations on how companies should engage with affected communities and further transparency.

IAMC-Line 3

• Conducting compliance verification activities with IMs
• Providing a response to the IAMC-Line 3 Advice to Government and the Manitoba Metis Federation’s supplementary advice, and an update on CER initiatives related to its response that are part of its multi-year Reconciliation Strategic Priority.
  • One of the key ways the CER has responded is through the broad engagement conducted as part of the Onshore Pipeline Regulations review.
• Building emergency management capacity through environmental inspections and emergency response exercises. These efforts will enable the CER to gain a better understanding of how to integrate Indigenous perspectives into the entire lifecycle of the Line 3 Replacement program.

Information Sources:

• Indigenous Advisory Committee
• Indigenous Advisory Committee Progress and Impact Report
• IAMC-Line 3 Advice to Government
• Indigenous Engagement

GBA Plus Data Collection Plan:

Engagement measures introduced in 2020–21 f/y enable the CER to monitor how effectively it engages a diversity of views to inform its decisions and work. We use GBA Plus considerations to assess the effectiveness of engagement, identify program improvements, and provide advice to the organization on ways to engage diverse views in a way that recognizes how Canadians from identifiable groups may experience engagement policies, programs, and projects differently.

In 2021–22 and the 2022–23 fiscal years, feedback and learnings captured during the OPR Review engagement sessions with stakeholders and Indigenous peoples led the CER to adapt its plans to ensure groups and communities could participate in an accessible and meaningful way.

The CER will continue to implement these learnings in 2022–23. Specifically, as part of the engagement planning process adjustments are being tested to include an initial discovery phase to discuss with Indigenous peoples the most effective way to include their group, community and/or representatives in specific engagement initiatives.

These continual improvement efforts will enhance engagement activities to make them even more relevant and meaningful for participants which will further influence the work of the CER.

Core Responsibility: Engagement

Program Name: Stakeholder Engagement

Target Population:

Through engagement, the CER aims to collaborate and consult with targeted and diverse audiences and communities:

• CER regulated companies
• Landowners
• Other federal government departments
• Groups directly impacted by CER decisions and oversight,
• Groups with a common interest in the work of the CER. (eg. Landowners, municipalities, other government organizations, and non-governmental organizations)

Distribution of Benefits:

Not available

This program supports other CER programs, in particular programs within the Safety and Environment Oversight and Energy Adjudication core responsibilities. Performance indicators and associated data are not currently structured in a way that benefits can be represented by numerical data. Benefits and results are reported through a narrative format.

Key Program Impacts on Gender and Diversity:

Other Key Program Impacts on Gender and Diversity:

This Program supports on-going engagement with stakeholders through collaboration and integration of efforts with other CER programs to build meaningful relationships.

The following highlights from the 2021–22 fiscal year demonstrate that input provided by stakeholders influence the CER’s decisions and work:

• The CER organized several technical sessions with stakeholders and Indigenous peoples affected by newly approved NGTL projects. The goal of these sessions was to encourage two-way dialogue with these groups and increase their awareness of the roles and responsibilities of the CER during pipeline construction and operations
• Strengthened relationships with provinces through initiatives such as the Aboriginal Liaison Program (ALP) in BC and the publication of the Frame of Reference – Pipeline Response (FRPR) in QC.
• Filing Manual Public Consultations (Guides B and K) were held with industry and Indigenous organizations.
• LMG-AC workshops took place to address issues including landowner consultation, company access to lands, and damages.

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. Professional development includes but is not limited to training relating to unconscious bias and Gender-based analysis plus.

Supplementary Information Sources

• Consultation and Engagement
• Stakeholders we engage

GBA Plus Data Collection Plan

Engagement measures introduced in 2020–21 f/y enable the CER to monitor how effectively it engages a diversity of views to inform its decisions and work. We use GBA Plus considerations to assess the effectiveness of engagement, identify program improvements, and provide advice to the organization on ways to engage diverse views in a way that recognizes how Canadians from identifiable groups may experience engagement policies, programs, and projects differently.

In 2021–22 and the 2022–23 fiscal years, feedback and learnings captured during the OPR Review engagement sessions with stakeholders and Indigenous Peoples led the CER to adapt its plans to ensure groups and communities could participate in an accessible and meaningful way.

The CER will continue to implement these learnings in 2022–23. Specifically, as part of the engagement planning process adjustments are being tested to include an initial discovery phase to discuss with stakeholders and Indigenous people the most effective way to include their group, community and/or representatives in specific engagement initiatives.

These continual improvement efforts will enhance engagement activities to make them even more relevant and meaningful for participants which will further influence the work of the CER.

Date modified:

2023-05-04