2023-2024 Annual Report under the Fighting Against Forced Labour and Child Labour in Supply Chains Act

PART 1: IDENTIFYING INFORMATION

Canada Energy Regulator

Financial reporting period of April 1, 2023, to March 31, 2024

Produced by a federal Crown corporation

Sectors or industries in which the Canada Energy Regulator operates in:

  • Mining, quarrying, and oil and gas extraction
  • Utilities
  • Other: The regulator of inter-provincial and international pipelines and powerlines

PART 2: REPORT CONTENTS

2.1 Information on the government institution’s structure, activities and supply chains

* Which of the following accurately describes the government institution’s activities?

  • Purchasing goods
    • in Canada
    • outside Canada

* Provide additional information on the government institution’s structure, activities, and supply chains.

The Canada Energy Regulator (CER) is a departmental corporation and agent of the Crown established under the Canadian Energy Regulator Act.

Its mission is regulating infrastructure to ensure safe and efficient delivery of energy to Canada and the world, protecting the safety of people and the environment, recognizing, and respecting the rights of the Indigenous peoples of Canada, and providing timely and relevant energy information and analysis.

The CER procured $1,305,470.98 GST included of goods between April 1, 2023, to March 31, 2024.

A total of 39 contracts for goods were awarded, of which 35 contracts were to Canadian suppliers and 4 contracts for software were to American suppliers.

The purchased goods are broken down by commodity as follows:

  1. Office furniture (GSIN#7110)
  2. Software, maintenance, and subscriptions (GSIN#7030)
  3. Computers and accessories (GSIN# 7020, 6150, 7025, 7010, and N6135999)
  4. Headsets (GSIN#5965)
  5. Webcams (GSIN#7510)
  6. Printers (GSIN#6740)
  7. Specialty paper (GSIN#N7530MB)

2.2 Information on the steps taken to prevent and reduce the risk that forced labour or child labour is used at any step of the production of goods produced, purchased, or distributed by the government institution.

* Indicate steps taken in the previous financial year to prevent and reduce the risk that forced labour or child labour is used at any step of the production of goods produced, purchased, or distributed by the government institution.

Given the recent coming-into-force date of the Act, no new measures have yet been taken by the CER to remediate forced labour or child labour in their activities and supply chains at current.

However, the CER has integrated Public Procurement Services and Procurement
Canada (PSPC) updated General Conditions and the updated PSPC Code of Conduct for Procurement in all purchasing activities over $25K since PSPC updated them.

  • The CER utilizes the services of PSPC/SSC as a common provider for procuring goods. 26 out of its 35 goods contract this Fiscal Year 2023/2024 were purchased through PSPC/SSC.
  • The CER also processes call-ups under existing PSPC Supply Arrangements and Standing Offers, which contain the Anti-forced labour requirements clause.
  • When procuring goods within its delegation authority, CER adheres to the TBS Directive on Management of Procurement. This involves utilizing the PSPC standard templates, clauses, and terms and conditions.

Looking forward into Fiscal Year 2024-2025, the CER will endeavor to incorporate PSPC clause A3006T - Ethical Procurement Certification in goods procurements for commodities at higher risk of forced labour and child labour such as clothing and electronics.

2.3 Information on the policies and due diligence processes in relation to forced labour and child labour.

* Does the government institution currently have policies and due diligence processes in place related to forced labour and/or child labour?

Yes, effective April 1, 2023, amendments to the Treasury Board Directive on the Management of Procurement require contracting authorities from all departments listed in Schedules I, I.1 and II of the Financial Administration Act (with the exception of the Canada Revenue Agency) and commissions established in accordance with the Inquiries Act and designated as a department for the purposes of the Financial Administration Act to incorporate the Code of Conduct for Procurement (“the Code”) into their procurements.

Pursuant to the aforementioned amendments, the CER has integrated the Code into our procurements, with a view to safeguarding federal procurement supply chains from forced labour and child labour. Contracts that our organization has awarded included the Code through the General Conditions for goods.

The Code requires that vendors, providing goods and services to the Government of Canada and their sub-contractors, comply with all applicable laws and regulations. In addition, the Code requires vendors and their sub-contractors to comply with Canada’s prohibition on the importation of goods produced, in whole or in part, by forced or compulsory labour. This includes forced or compulsory child labour and applies to all goods, regardless of their country of origin.

Moreover, the CER utilizes the PSPC Integrity Regime tool to evaluate vendor performance prior to awarding contracts exceeding $10K, ensuring contractors' compliance with the Code of Conduct for procurement.

Outside of the Code, the CER currently has no further policies and due diligence processes in place related to forced labour and/or child labour.

2.4 Information on the parts of its activities and supply chains that carry a risk of forced labour or child labour being used and the steps taken to assess and manage that risk.

* Has the government institution identified the parts of its activities and supply chains that carry a risk of forced labour or child labour being used?

* Has the government institution identified forced labour or child labour risks in its activities and supply chains related to any of the following sectors and industries?

No, the CER has not started the process of assessing and managing the risks of its activities in supply chains that carry a risk of forced labour or child labour. As more awareness, training and resources become available on the subject, any signs of forced or child labour will be addressed.

2.5 Information on any measures taken to remediate any forced labour or child labour.

* Has the government institution taken any measures to remediate any forced labour or child labour in its activities and supply chains?

No, the CER has not identified or taken measures to remediate any forced labour or child labour in its activities and supply chains. As more awareness, training and resources become available on the subject, any signs of forced or child labour will be addressed.

2.6 Information on any measures taken to remediate the loss of income to the most vulnerable families that results from any measure taken to eliminate the use of forced labour or child labour in the institution’s activities and supply chains.

* Has the government institution taken any measures to remediate the loss of income to the most vulnerable families that results from any measure taken to eliminate the use of forced or child labour in its activities and supply chains?

The CER did not take any measures to remediate the loss of income to the most vulnerable families that results from any measure taken to eliminate the use of forced labour or child labour in its activities and supply chains in the year of 2023-2024.

2.7 Information on the training provided to employees on forced labour and child labour.

* Does the government institution currently provide training to employees on forced labour and/or child labour?

No, the CER does not currently have training for employees on forced labour, given the low risk in our industry. However, we are aware that PSPC is currently developing awareness-raising guidance materials (including risk mitigation strategies) for suppliers, targeted towards high-risk sectors. We are monitoring the development of these materials and will leverage these resources upon their publication.

2.8 Information on how the government institution assesses its effectiveness in ensuring that forced labour and child labour are not being used in its activities and supply chains.

* Does the government institution currently have policies and procedures in place to assess its effectiveness in ensuring that forced labour and child labour are not being used in its activities and supply chains?

No, the CER does not currently have policies and procedures in place to assess its effectiveness in ensuring forced labour and child labour are not being used int its activities and supply chains.

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