2023 to 2024 Departmental Sustainable Development Strategy Report
2023 to 2024 Departmental Sustainable Development Strategy Report [PDF 1302 KB]
Canada Energy Regulator
Copyright/Permission to Reproduce
ISSN 2818-5773
Table of contents
- Introduction to the 2023 to 2024 Departmental Sustainable Development Strategy Report
- Commitments for the Canada Energy Regulator
- Integrating Sustainable Development
Introduction to the 2023 to 2024 Departmental Sustainable Development Strategy Report
The 2022 to 2026 Federal Sustainable Development Strategy (FSDS) presents the Government of Canada’s sustainable development goals and targets, as required by the Federal Sustainable Development Act. This is the first FSDS to be framed using the 17 Sustainable Development Goals (SDGs) of the United Nations 2030 Agenda and provides a balanced view of the environmental, social, and economic dimensions of sustainable development.
In keeping with the purpose of the Act, to make decision-making related to sustainable development more transparent and accountable to Parliament, Canada Energy Regulator (CER) supports the goals laid out in the FSDS through the activities described in the Canada Energy Regulator’s 2023 to 2027 Departmental Sustainable Development Strategy (DSDS). This Report provides a report on progress related to the Canada Energy Regulator’s DSDS in the fiscal year 2023 to 2024.
The Federal Sustainable Development Act also sets out 7 principles that must be considered in the development of the FSDS as well as DSDSs. These basic principles have been considered and incorporated in the Canada Energy Regulator’s DSDS and 2023 to 2024 DSDS Report.
To promote coordinated action on sustainable development across the Government of Canada, the Canada Energy Regulator’s departmental strategy reports on Canada’s progress towards implementing the 2030 Agenda and advancing the SDGs, supported by the Global Indicator Framework (GIF) and Canadian Indicator Framework (CIF) targets and indicators. The Report also now captures progress on SDG initiatives that fall outside the scope of the FSDS.
Commitments for the Canada Energy Regulator
GOAL 7: INCREASE CANADIANS’ ACCESS TO CLEAN ENERGY
FSDS Context:
The successful transition to a low carbon economy requires Canadians to have access to clean and affordable energy.
As a lifecycle regulator, the CER works to keep energy moving safely across the country. We review development projects and share energy information, all while enforcing some of the strictest safety and environmental standards in the world. The CER Act specifically requires the Commission of the CER to consider, in its review of project applications, several environmental and social factors, including the extent to which the effect of the proposed project hinders or contributes to the Government of Canada’s ability to meet its environmental obligations and its commitments in respect of climate change.
This means that the CER does not promote the use of any one energy source. However, it is the CER’s responsibility to be ready to review projects and regulate any resource or technology within its mandate. This is achieved by ensuring our Regulatory Framework is efficient and effective.
The CER’s Regulatory Framework provides the structure within which all our regulatory activities take place. It includes the system of laws, regulatory documents and guidance used to regulate the parts of Canada’s energy industry that fall within our scope of authority. Our mandate is shaped by Government policy, our governance, our strategic priorities, and our regulatory approaches that evolve over time.
The CER is continuously expanding and developing expertise, working with domestic and international partners to share information and best practices. These efforts ensure that regulatory measures, codes, and standards are thoroughly researched, developed, implemented and aligned with the expectations of, and commitments to, Canadians and our partners.
Preparation for the energy transition is underway. Efforts include but are not limited to providing technical expertise to Natural Resources Canada (NRCan) in the development of the Offshore Renewable Energy Regulations (ORER) initiative, as well as the implementation of Canada’s Hydrogen Strategy and conducting research and sharing information relating to net-zero modelling.
The CER has supported the development of the ORER since 2020 through the regulatory development process. Currently NRCan and the CER are reviewing stakeholder feedback on draft technical requirements, and the next step is the pre-publication of the ORER in the Canada Gazette, Part I for public comments. The final step of the regulatory development process will be to publish the ORER in Canada Gazette, Part II. This is when they “Come Into Force” and become a part of the CER’s Regulatory Framework. The ORER will help the offshore renewable energy industry achieve the highest possible standards for operational safety and environmental protection while promoting competitiveness and innovation. This will provide Canadians with increased access to clean energy sources.
The CER is an active member of the Canadian Standards Association (CSA), contributing technical expertise within our unique regulatory context to discussions, research, and advice to relevant committees and sub-committees, such as the Hydrogen Task Force. The CSA Group is a globally recognized organization that develops and maintains over 3,000 standards with the aim “to improve safety, health, the environment and economic efficiency in Canada and beyond.” It has a member base of over 10,000 technical experts that includes representation from a large array of industries.
The CSA Group’s standards support the UN SDGs and work is underway to map the standards to the UN SDGs.
The new edition of the CSA Z662:23 Oil and Gas Pipeline Systems standard was released to the public on 30 June 2023. As the Onshore Pipeline Regulations (OPR) incorporates Z662 by reference “as amended from time to time”, the new version of the standard has entered into force pursuant to OPR as of that date.
The CER will continue to have representation and participation on CSA committees, sub-committees and task forces to research, develop and maintain standards that reflect the transition to a low-carbon economy.
The CER is responsible for advising and reporting on energy matters. This includes collecting, monitoring, analyzing, and publishing information on energy markets and supply, sources of energy, and the safety and security of pipelines and international power lines. This information supports Canadians, the public, policy makers, and industry, to make informed decisions on energy related matters.
CER staff work within their area of expertise to share information and knowledge with various domestic and international partners. Some partner organizations include the International Energy Agency, Asia Pacific Energy Research Centre, Environment and Climate Change Canada, the Canadian Climate Institute, and the Trottier Institute. As of 2023, the CER works with 5 international and 80 domestic partners.
Reporting to the Minister of Energy and Natural Resources, the CER provides support to the Minister upon request relating to energy information matters. Such was the case when the Minister of Energy and Natural Resources requested the CER to explore scenarios in which Canada could reach net-zero greenhouse gas emissions by 2050. The CER released Canada’s Energy Future 2023 in June. This report focuses on the challenge of achieving net-zero by 2050.
Sharing information, collaborating, and engaging with domestic and international partners on data, analysis, approaches, techniques, and methods supports the CER in providing relevant and timely information for Canadians. The CER will maintain these networks and relationships going forward, sharing expertise both domestically and internationally.
Target theme: Renewable and non-emitting sources of electricity
Target: By 2030, 90%, and in the long term 100% of Canada's electricity is generated from renewable and non-emitting sources (Minister of Energy and Natural Resources)
IMPLEMENTATION STRATEGY |
DEPARTMENTAL ACTION |
PERFORMANCE INDICATOR |
HOW THE DEPARTMENTAL ACTION CONTRIBUTES TO THE FSDS GOAL AND TARGET AND, WHERE APPLICABLE, TO CANADA’S 2030 AGENDA NATIONAL STRATEGY AND SDGS |
RESULTS ACHIEVED |
|---|---|---|---|---|
Implement and enforce regulations and legislation. |
Program: Regulatory Framework Activity: The CER continues to provide technical expertise to NRCan to support the development of the Offshore Renewable Energy Regulations. |
Performance Indicator: Progress report on the ORER through the regulatory development process. Starting point: ORER initiative launched in 2020. 2023-24 status-Pre-engagement on technical requirements and policy intentions-expected completion Fall 2023. Target: Final Publication of ORER/Entry into Force in 2024Footnote 1. |
By ensuring that the regulation of Offshore Renewable Energy Projects is effective and efficient, the CER will support the following goals to provide access to and use of clean energy by Canadians. Relevant targets or ambitions: CIF Ambition/Target: 7.3 Canadians have access to clean and renewable energy. CIF Indicator: 7.3.1 Proportion of electricity generated from renewable and non-greenhouse gas emitting sources. GIF Target: 7.1 By 2030, ensure universal access to affordable, reliable, and modern energy services. |
Indicator result: The proposed Regulations were pre-published in Part I of the Canada Gazette in February 2024. The public comment period closed on March 25, 2024. Notes: Final regulations are expected to come into force during the fiscal year 2024-25. Canada Gazette link: Canada Gazette, Part 1, Volume 158, Number 8: Canada Offshore Renewable Energy Regulations. |
Target theme: Energy efficiency
Target: By 2030, 600 petajoules of total annual energy savings will be achieved as a result of adoption of energy efficiency codes, standards and practices from a baseline savings of 20.0 petajoules in 2017 to 2018 (Minister of Energy and Natural Resources)
IMPLEMENTATION STRATEGY |
DEPARTMENTAL ACTION |
PERFORMANCE INDICATOR |
HOW THE DEPARTMENTAL ACTION CONTRIBUTES TO THE FSDS GOAL AND TARGET AND, WHERE APPLICABLE, TO CANADA’S 2030 AGENDA NATIONAL STRATEGY AND SDGS |
RESULTS ACHIEVED |
|---|---|---|---|---|
Work with domestic and international partners on energy efficiency. |
Program: Energy System Information Activity: Continue to share expertise, advice, and report on energy matters to support Canadians, policy makers and the general public in making informed decisions. |
Performance indicator: Number of times Energy System Information products are accessed on the CER website. Starting point: 1.3 million (2022–23) Target: 1 million Energy System Information products are accessed annually on the CER website. |
By working with international and domestic partners, the CER continues to use the most relevant data and methods for assessing Canada’s energy system. This supports the CER delivering relevant and timely information for Canadians to make informed decisions on energy matters. Relevant targets or ambitions: CIF Ambition/Target: 7.1 Canadians reduce their energy consumption. CIF Indicator: 7.1.1 Annual energy savings resulting from adoption of energy efficient codes, standards, and practices. GIF Target: 7.3 By 2030, double the global rate of improvement in energy efficiency. |
Indicator result: In the 2023-24 fiscal year, Energy Information System products were accessed 1.47 million times on the CER website. |
Target theme: Clean fuels
Target: By 2030, increase Canada’s capacity to produce clean fuels by 10% over 2021 levels
(Minister of Energy and Natural Resources)
IMPLEMENTATION STRATEGY |
DEPARTMENTAL ACTION |
PERFORMANCE INDICATOR |
HOW THE DEPARTMENTAL ACTION CONTRIBUTES TO THE FSDS GOAL AND TARGET AND, WHERE APPLICABLE, TO CANADA’S 2030 AGENDA NATIONAL STRATEGY AND SDGS |
RESULTS ACHIEVED |
|---|---|---|---|---|
Develop and update codes and standards. |
Program: Regulatory Framework Activity: Continue to provide technical expertise and participate on CSA committees and task forces to support the development and/or updates of codes and standards. |
Performance indicator: Progress reports on updates to CSA codes and Standards which the CER is supporting. Starting point: New IndicatorFootnote 2. Target: 5 CSA planned Standards, which the CER supports, updated, and released by 2027Footnote 3. |
Participating on CSA committees, including the Hydrogen Task Force, ensures the CER’s experience regulating pipelines is considered when updating codes and standards. As Canada and the world continues its transition to low-carbon economies, this will ensure Canadians have low-carbon options like hydrogen, to satisfy their energy needs. Relevant targets or ambitions: CIF Ambition/Target: 7.3-Canadians have access to clean and renewable energy. CIF Indicator: 7.3.1-Proportion of electricity generated from renewable and non-greenhouse gas emitting sources. GIF Target: 7.1, By 2030 ensure universal access to affordable, reliable, and modern energy sources. |
Indicator result: In the 2023-24 fiscal year, two CSA standards relevant to CER operations were released or updated with the support of CER staff. Notes: The following CSA standards were issued during the fiscal year 2023-24: CSA Z662:23 – Oil and Gas Pipeline Systems. CSA Z246.2:23 – Emergence Preparedness and Response for Petroleum and Natural Gas Industry Systems. For more information on the planned schedule for CSA activities, please visit the CSA website. |
GOAL 10: ADVANCE RECONCILIATION WITH INDIGENOUS PEOPLES AND TAKE ACTION ON INEQUALITY
FSDS Context:
The CER is committed to Reconciliation with Indigenous Peoples, including the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) and the meaningful involvement of Indigenous Peoples in our work. The CER supports implementation of the UN Declaration in all its activities. The Government of Canada’s commitment to implementing the UN Declaration is enshrined in the preamble of the Canadian Energy Regulator Act (CER Act).
The CER’s Indigenous Advisory Committee (IAC), established pursuant to the CER Act, is a vital part of the CER’s governance structure and advises the CER on building new relationships with Indigenous Peoples, as well as strategic, systemic, policy and program development matters relevant to the CER’s mandate. This includes matters related to the CER’s oversight, expectations, and requirements of regulated industry. The IAC has made co-development of approaches to implement the UN Declaration within the CER’s mandate one of its five work priorities with the others being: relationships and governance, cultural competency and change management, Indigenous Peoples’ involvement in regulatory oversight and Crown Consultation and accommodation.
The CER has established Reconciliation as an organizational strategic priority, which includes a commitment to implement the UN Declaration within the CER’s mandate in a manner that aligns with a whole-of-government approach to implement the UN Declaration Act. The Reconciliation strategic priority also includes commitments to:
- Enhance and meaningfully involve Indigenous Peoples in how the CER fulfill its mandate and in the CER’s lifecycle oversight of regulated industry, including by recognizing their unique cultures, knowledge, and histories;
- Drive meaningful change of expectations of regulated industry to build an energy regulatory system that respects the rights of Indigenous Peoples consistent with our commitment to implement the UN Declaration;
- Build renewed relationships with our Indigenous partners that allow for mechanisms to exist that inform, engage, and enable co-developed approaches to Reconciliation; and
- Improve the Indigenous cultural competency of the organization to enable meaningful engagement and implementation of the UN Declaration.
The CER, with the support of the leadership of the CER Board of Directors and IAC, worked alongside the Trans Mountain Expansion Indigenous Advisory and Monitoring Committee (TMX IAMC), and Natural Resources Canada to co-develop Action Plan Measure (APM) 34 under section 6 of the UN Declaration Act. APM 34 calls for working in consultation and cooperation with First Nation, Métis, and Inuit communities, governments, and organizations to enhance the participation of Indigenous Peoples in and set the measures that could enable them to exercise federal regulatory authority in respect of projects and matters currently regulated by the CER.
Indigenous cultural competency training and training on the UN Declaration also supports implementation of UNDA APM 14, which commits to developing and implementing foundational training co-created by Indigenous subject matter experts for federal public servants. This training will build fundamental understanding and competence around the history, rights and title of Indigenous Peoples, treaties, the UN Declaration, the UN Declaration Act, and dynamics of respectful relations, Indigenous-specific systemic racism, and meaningful reconciliation. Improving and demonstrating cultural competency enables renewed relationships and meaningful engagement with Indigenous Peoples to support the implementation of the UN Declaration within the CER’s mandate.
Target theme: Advancing reconciliation with First Nations, Inuit, and the Métis communities.
Target: Between 2023 and 2026, and every year on an ongoing basis, develop and table annual progress reports on implementing the United Nations Declaration on the Rights of Indigenous Peoples Act (Minister of Justice and Attorney General of Canada)
IMPLEMENTATION STRATEGY |
DEPARTMENTAL ACTION |
PERFORMANCE INDICATOR |
HOW THE DEPARTMENTAL ACTION CONTRIBUTES TO THE FSDS GOAL AND TARGET AND, WHERE APPLICABLE, TO CANADA’S 2030 AGENDA NATIONAL STRATEGY AND SDGS |
RESULTS ACHIEVED |
|---|---|---|---|---|
Implement the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA). |
Programs: Indigenous Engagement and Internal Services Activity: Provide Indigenous cultural competency training and/or training on the UN Declaration on the Rights of Indigenous Peoples to CER staff. |
Performance indicator: Percentage of staff who have completed skills-based training in intercultural competency and/or training on the UN Declaration. Starting point: 55% (2023–24) Target: 100% by 31 March 2026. |
Implementing the UN Declaration in consultation and cooperation with Indigenous Peoples requires the CER and its staff to be effective at building and maintaining relationships with First Nations, Metis and Inuit communities, governments, and organizations. Providing cultural competency training to CER staff will enhance the skills, knowledge, attitudes, and values essential to fostering positive and productive relationships with Indigenous Peoples. Relevant targets or ambitions: CIF Ambition/Target: 10.2 Canadians live free of discrimination and inequalities are reduced. CIF Indicator: 10.2.1 Proportion of the population reporting discrimination or unfair treatment. GIF Target: 10.3 Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices and promoting appropriate legislation, policies, and action in this regard. |
Indicator result: In the 2023-24 fiscal year, 40% of staff completed skills-based training on the UN Declaration. UNDA and the action plan for implementing the UNDA. Notes: This 40% figure does not encompass staff who have undertaken other types of training such as intercultural competency courses or events. The methodology for this performance indicator is under review to ensure effective inclusion of interculture competency training in future reports. In the 2023-24 fiscal year, there were over 800 instances of participation in intercultural competency training among 603 staff members, many employees engaged in more than one course or event. Courses or events relating to intercultural competency include but are not limited to:
|
GOAL 12: REDUCE WASTE AND TRANSITION TO ZERO-EMISSION VEHICLES
FSDS Context:
Greening government operations by taking a holistic systems-based approach to waste management helps Canada to reduce negative impacts to our environment. The CER is committed to greening our own operations by leveraging a waste management hierarchy of Reduce, Reuse/Repair, Recycle, Recovery and Disposal. This strategy has also enabled the CER to support communities with donating refurbished laptops and gently used binders to schools removing barriers to education. Laptops at the end of their lifecycle are refurbished and given to Computers for Schools. Miscellaneous computer equipment also goes to Computers for Schools, including items such as cables, mice, keyboards, etc.
When goods and services are needed, environmental considerations are included in purchasing decisions. The CER will continue to strengthen the application of Canada’s Green Procurement Policy and criteria within the organization to support the Government of Canada’s plan to transition to a cleaner and more circular economy.
Target Theme: Reduce waste and transition to zero-emission vehicles
Target: The Government of Canada’s procurement of goods and services will be net-zero emissions by 2050, to aid the transition to a net-zero, circular economy (All Ministers)
IMPLEMENTATION STRATEGY |
DEPARTMENTAL ACTION |
PERFORMANCE INDICATOR |
HOW THE DEPARTMENTAL ACTION CONTRIBUTES TO THE FSDS GOAL AND TARGET AND, WHERE APPLICABLE, TO CANADA’S 2030 AGENDA NATIONAL STRATEGY AND SDGS |
RESULTS ACHIEVED |
|---|---|---|---|---|
Strengthen green procurement criteria. |
Program: Internal Services: Activity Procurement Officers effectively coach and support CER staff in the application of environmental considerations in purchasing decisions. |
Performance indicator: Percentage of Procurement Officers that have completed Green Procurement training. Starting point: 67% (2023–24) Target: 100% by 31 March 2026. |
Increasing awareness of CER staff through training and coaching to effectively to apply environmental considerations in purchasing decisions is expected to motivate suppliers to green their goods, services, and supply chain. Relevant targets or ambitions: CIF Ambition/Target: 12.2 Canadians consume in a sustainable manner. CIF Indicator: 12.2.1 Proportion of businesses that adopted selected environmental protection activities and management practices. GIF Target: 12.7 Promote public procurement practices that are sustainable, in accordance with national policies and priorities. |
Indicator result: 100% of Procurement Officers have completed Green Procurement training. |
GOAL 13: TAKE ACTION ON CLIMATE CHANGE AND ITS IMPACTS
FSDS Context:
While the CER does not own properties or vehicles, environmental considerations were included in the decision for the CER’s headquarters location.
The CER has chosen to lease office space in a LEED®Gold® certified building with a property manager that focuses on sustainability initiatives such as Energy Efficiency and GHG Emissions, Green Certifications, Waste Management & Recycling, Green Leasing, and Water Conservation. To learn more about their sustainability initiatives and performance, check out their latest Sustainability Report. This supports Canada’s efforts to reduce greenhouse gas emissions in government operations.
We are also continuously looking for ways to reduce our energy consumption through business operations. The CER has been moving toward reducing our footprint by leveraging cloud-based computing services, to enable staff to work effectively and efficiently by using virtual tools instead of equipment that can be energy intensive.
The CER will continue to support the effort of the Government of Canada to transition its operations to produce less carbon emissions and to be more resilient to climate change.
Additionally, the CER has a Business Continuity Plan (BCP). This plan contains procedures that restore critical business functions in the event of an unplanned disaster such as extreme weather events, service outages, or other potential threats. The BCP was activated in 2013 when the city of Calgary, where the CER’s headquarters are located, experienced extreme flooding, and during the Covid-19 pandemic.
The plan is reviewed regularly and updated as needed. Each time the plan has been implemented; the CER captures learnings from the implementation for inclusion in future updates to the plan.
The BCP enables the CER to build resiliency and adapt to potential hazards, including those relating to climate change. The CER will continue to actively maintain the lifecycle of its BCP through testing the effectiveness of the planFootnote 4, through training and awareness exercises and ongoing review of the BCP.
Target theme: Federal Leadership on Greenhouse Gas Emissions Reductions and Climate Resilience
Target: The Government of Canada will transition to net-zero carbon operations for facilities and conventional fleets by 2050 (All Ministers)
IMPLEMENTATION STRATEGY |
DEPARTMENTAL ACTION |
PERFORMANCE INDICATOR |
HOW THE DEPARTMENTAL ACTION CONTRIBUTES TO THE FSDS GOAL AND TARGET AND, WHERE APPLICABLE, TO CANADA’S 2030 AGENDA NATIONAL STRATEGY AND SDGS |
RESULTS ACHIEVED |
|---|---|---|---|---|
Implement the Greening Government Strategy through measures that reduce greenhouse gas emissions, improve climate resilience, and green the government’s overall operations. |
Program: Internal Services Activity: Maintain effective lifecycle management of the Business Continuity Plan through the delivery of planned activities such as testing, training, and awareness exercises. |
Performance indicator: Percentage of planned BCP Lifecycle Management Activities completed Starting point: New indicator Target: 100% of planned activities completed by 31 March 2026. |
Effectively managing the lifecycle of the CER’s BCP supports the Canadian Government target to transition to climate resilient operations by 2050. Relevant targets or ambitions: CIF Ambition/Target: 13.3 Canadians are well-equipped and resilient to face the effects of Climate Change. CIF Indicator: 13.3.1 Proportion of municipal organizations who factored climate change adaptation into their decision-making process. GIF Target: 13.3 Improve education, awareness-raising and human and institutional capacity on climate change mitigation, adaptation, impact reduction and early warning. |
Indicator result: 100% of planned BCP Lifecycle Management Activities were completed in the 2023-24 fiscal year. |
Continue to implement Canada’s climate plans and actions. |
Program: Internal Services Activity: Minimize waste and energy consumption by reducing the number of large-scale printers used in daily operations. |
Performance indicator: Number of large-scale printers used in daily operations in corporate head office. Starting point: 24 printers (2023-24) Target: Reduction of 4 printers by 31 March 2026. |
Reducing the usage of energy intensive equipment will help Canada to lower emissions of greenhouse gasses in government operations. Relevant targets or ambitions: CIF Ambition/Target: 13.1 Canadians reduce their greenhouse gas emissions. CIF Indicator: 13.1 By 2030, reduce Canada’s total greenhouse gas emissions by 40-45%, relative to 2005 emission levels. By 2050, achieve economy-wide net-zero greenhouse gas emissions. GIF Target: 13.3 Improve education, awareness-raising and human and institutional capacity on climate change mitigation, adaptation, impact reduction and early warning. |
Indicator result: In the 2023-24 fiscal year, the CER reduced the number of large-scale printers by four. Notes: The total number of large-scale printers currently in use is 20. The CER will continue to evaluate requirements with the goal of continued reduction of large-scale printers. |
GOAL 16: PROMOTE A FAIR AND ACCESSIBLE JUSTICE SYSTEM, ENFORCE ENVIRONMENTAL LAWS, AND MANAGE IMPACTS
FSDS Context:
The CER ensures that pipeline, power line and offshore renewable energy projects are constructed, operated and abandoned in a safe and secure manner to protect people and the environment. In determining whether a project should proceed, the Commission assesses, among other things, its economic, technical and financial feasibility, and the environmental and socio-economic impact of the project, as well as any impacts on Indigenous Peoples.
The Canadian Energy Regulator Act, like the Impact Assessment Act, specifically commits the Government of Canada to respect the rights of Indigenous Peoples and implement the United Nations Declaration on the Rights of Indigenous Peoples during the assessment of designated projects. Designated projects under the Canadian Energy Regulator Act are subject to a single, integrated impact assessment led by the Impact Assessment Agency of Canada with the support of the CER.
The CER is committed to fair, inclusive, transparent, and efficient hearings and decisions. The CER uses a cooperative and respectful approach, based on the recognition of the right to self-determination, to engage with Indigenous Peoples in all aspects of our regulatory oversight. The CER administers a Participant Funding Program to facilitate the participation of the public – and, in particular, the Indigenous Peoples of Canada and Indigenous organizations – in public hearings. Interested parties can learn the different ways to participate in a hearing through our website or reach out to one of our process advisors who are available to support participants in hearing processes and may go to communities to provide information on the process.
The CER strives to build meaningful relationships with Indigenous Peoples across Canada who might be affected by the facilities we regulate. Crown consultation is just one part of our relationship with Indigenous Peoples. Where we have Crown consultation responsibilities, we will consult with Indigenous Peoples early and throughout our review process. We tailor the scope and nature of our Crown consultation activities to the complexity of the proposed project and its potential effects, as well as the needs of affected Indigenous Peoples.
The CER makes every effort to ensure all affected communities are identified, notified and are afforded the opportunity to participate in the regulatory process. When notifying communities of engagement opportunities, the CER works to ensure that communications are timely and provide sufficient information so that communities can decide how they would like to respond or participate. Communities that initially choose not to participate may choose to do so at a later date.
Through continuous improvement efforts, the CER works to streamline our hearing processes to provide consistency and efficiency for all parties involved. Considerations for transparency, fairness and inclusiveness are some of the factors used to inform updates to processes.
Target theme: Compliance and Environmental Laws and High-Quality Impact Assessments
Target: By March 31, 2026, ensure that 100% of Environment and Climate Change Canada laws, regulations, and enforceable instruments have completed risk classifications (Minister of Environment and Climate Change).
IMPLEMENTATION STRATEGY |
DEPARTMENTAL ACTION |
PERFORMANCE INDICATOR STARTING POINT TARGET |
HOW THE DEPARTMENTAL ACTION CONTRIBUTES TO THE FSDS GOAL AND TARGET AND, WHERE APPLICABLE, TO CANADA’S 2030 AGENDA NATIONAL STRATEGY AND SDGS |
RESULTS ACHIEVED |
|---|---|---|---|---|
Meaningfully consult and accommodate Indigenous Peoples and consider Indigenous Knowledge in impact assessment and energy regulation processes. |
Program: Infrastructure, Tolls and Export Applications. Activity: Continue to consult potentially affected Indigenous Peoples through the Commission’s assessment process and supplemental CER Crown consultations. |
Performance indicator: Percentage of communities on the Crown List that participate in Crown consultation or hearing processes or indicate that they are not going to participate. Starting point: New Indicator Target: 100% annually. |
Through the Crown Consultation process Indigenous rights and knowledge are factored in the assessment process of energy projects within the CER’s mandate. This will support Canada in its efforts to transform the way it works with Indigenous Peoples and support the implementation of the UNDA. Relevant targets or ambitions: CIF Ambition/Target: 16.7 Canadians are supported by effective, accountable, and transparent institutions. CIF Indicator: 16.7.1 Proportion of the population with high levels of confidence in selected institutions. GIF Target: 16.b Promote and enforce non-discriminatory laws and policies for sustainable development. |
Indicator result: This is a new indicator for the fiscal year of 2024-25. Notes: Results will be included in the 2024 to 2025 Departmental Sustainable Development Strategy report. |
Provide the public and Indigenous Peoples with a voice in impact assessment and energy regulation processes. |
Program: Infrastructure, Tolls, and Export Applications Activity: Continue to provide opportunities for participation in regulatory processes for applicants, intervenors, commenters, and all parties to formal complaints. |
Performance indicator: Percentage of surveyed participant funding recipients who agree that participant funding enabled their participation in an adjudication process. Starting point: 94% (2022–23 results) Target: 90% annually. |
Opportunities for the public and Indigenous Peoples for consideration in assessment and energy regulation processes supports the Government of Canada’s efforts to promote a fair and accessible justice system, that is responsive, inclusive, and participatory. Relevant targets or ambitions: CIF Ambition/Target: 16.7 Canadians are supported by effective, accountable and transparent institutions. CIF Indicator: 16.7.1 Proportion of the population with high levels of confidence in selected institutions. GIF Target: 16.b Promote and enforce non-discriminatory laws and policies for sustainable development. |
Indicator result: In the 2023-24 fiscal year, 95% of participant funding recipients agreed that participant funding enabled their participation in an adjudication process. |
Support fair and predictable impact assessment and energy regulation processes. |
Program: Infrastructure, Tolls, and Export Applications. Activity: Continue to make decisions or recommendations to the Governor in Council on applications, which include impact assessments, using processes that are fair, transparent, timely and accessible. |
Performance indicator: Percentage of adjudication decisions and recommendations that are made within legislated time limits and service standardsFootnote 5. Starting point: 100% within legislated service standards/time limits (2022–23). Target: 80% within legislated service standards/time limits annually. |
Making decisions or recommendations using processes that are fair, transparent, timely and accessible supports Canada’s goal to promote a justice system that effectively and efficiently manages the interconnected challenges of sustainable development. Relevant targets or ambitions: CIF Ambition/Target: 16.7 Canadians are supported by effective, accountable, and transparent institutions. CIF Indicator: 16.7.1 Proportion of the population with high levels of confidence in selected institutions. GIF Target: 16.b Promote and enforce non-discriminatory laws and policies for sustainable development. |
Indicator result: In the 2023-24 fiscal year, 100% of adjudication decisions and recommendations were made within legislated times limits and service standards. |
Integrating Sustainable Development
The CER is committed to the integration of sustainable development into its operational processes and its regulatory framework. One such example is the development of a proposed climate lens assessment template to apply against the revision and/or drafting of regulatory documents.
Pursuant to the Cabinet Directive on the Environmental Assessment of Policy, Plan and Program Proposals, the CER will continue to ensure that its decision-making process includes consideration of FSDS goals and targets through its Strategic Environmental Assessment (SEA) process. A SEA is incorporated into the regulatory development process to anticipate, assess and mitigate impacts on the environment, including on relevant FSDS goals and targets that result from amendments or new policies of a given proposal.
The SEA is included the Regulatory Impact Assessment Statement which is posted in the Canada Gazette alongside draft and final regulations.
In the 2023-24 fiscal year , the CER did not complete any SEAs.
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