Regulated industry engagement

The Canada Energy Regulator (CER) is committed to enhancing Canada’s global competitiveness by improving transparency, predictability, and efficiency throughout the regulatory lifecycle, while driving innovation that contributes to the transition to a low carbon economy. The Government of Canada has also signaled its commitment to global competitiveness through the preamble of the Canadian Energy Regulator Act. These commitments will be fulfilled through ongoing dialogue with regulated companies, which will support CER and industry innovation to meet the changing needs of Canadians and the energy sector.

Regulated Industry Engagement (RIE) Meeting May 2, 2023 – Meeting Minutes

Date: May 2, 2023
Time: 8:00 am to 12:00 pm
Online meeting

Regulated Industry Engagement (RIE) Meeting May 2, 2023 – Meeting Minutes

Item, Description and Outcome

Discussion Lead

Item 1 – Welcome/ Land Acknowledgement/ Introduction

Land Acknowledgement and Opening remarks

Gitane De Silva
(CEO)

Item 2 – Introductions

Introductions and Housekeeping

Tanya Stevenson
(SIA Partners, External Facilitator)

Item 3 – Upcoming Regulatory Changes

Presentation and discussion on:

  • Draft 2023–26 Regulatory Framework Plan
  • Onshore Pipeline Regulations (OPR) Update
  • Cost Recovery Regulations (CRR) Update
  • Regulated Asset Data project

Key themes identified during discussion on Upcoming Regulatory Changes:

  • Companies would benefit from:
    • Workshop on cumulative effects
    • Clarity on requirements to incorporate Indigenous Knowledge during planning and ongoing management of existing assets (inform vs. consent)
    • Seeing policy intentions prior to engagement on upcoming changes to OPR, Filing Manual (FM) and the energy transition generally
    • Greater clarity on how CER’s Regulatory Framework Plan is impacted by or interfaces with other federal departments’/agencies’ work/policies
    • Leveraging the Cost Recovery working group with respect to CRR updates
    • Lengthening 30-day comment periods if nature of changes are significantly different
    • More information sharing between regulated companies, and also between the CER and regulated companies.
  • Combined OPR and FM engagement intended to ensure consideration of issues across entire lifecycle
  • Risk-based approach to oversight exists during planning and undertaking of CER compliance activities
  • Priority areas of focus for the CER’s oversight in 23-24 include: remediation, cybersecurity, damage prevention (depth of cover), impacts of climate (e.g., flooding, fires), construction oversight and the ability to do in-field inspections, emergency management and role of Indigenous Peoples, quality control (pipe integrity), and contractor oversight.

Sandy Lapointe
(EVP, Regulatory)

Céline Sirois
(Director, Regulatory Policy)

Item 4 – Regulatory Efficiency Projects

Presentation and discussion on:

  • Project Notifications and Completeness Decisions on s.214 applications
  • Conditions update and learnings

Key themes identified during discussion on Regulatory Efficiency Projects:

  • Companies find this area challenging in terms of understanding roles and responsibilities of other federal agencies
    • CER engages with policy makers like ECCC or the provinces, to provide input on how changes could impact industry and regulated companies
  • Companies find that the new, predictable structure surrounding timing of completeness determination is a positive change, and the CER should continue to provide industry with feedback about what is and is not working in areas such as completion, condition compliance, filing and processes

Paula Futoransky
(VP, Energy Adjudication)

Item 5 – Best Practices

Presentation and discussion on:

  • Notifications to Indigenous Nations and Communities for CER-Reportable Incidents
  • Indigenous Nations and Communities Involvement in Emergency Management

Key themes identified during discussion on Best Practices:

  • Companies find it challenging to keep up with who key contacts are in communities, specifically for notification purposes
    • Continuous relationship building, proactive Emergency Management planning, and continuing liaison programs can aid in up-to-date contact lists

Marc Pauzé
(A/VP, Field Operations)

Item 6 – Next Steps

  • Upcoming leadership changes at the CER and new contacts
  • What we heard:
    • There is much interest in the scope of technical changes for OPR
    • There is a desire for CER engagement to be less siloed
    • Cost Recovery Regs – consider longer engagement periods if scope of change is broad
    • CER is willing to share progress on adjudication process improvements
    • CER is not the conduit for companies to provide input to NRCan on their regulations and policies
    • Underscore the shared value of relationships, especially with Indigenous Peoples, on incident notification and Emergency Management
    • There remain opportunities for industry to do more up-front engagement and build relationships

Sandy Lapointe
(EVP, Regulatory)

Item 7 – Adjournment

  • Closing remarks
  • Post-Event Questionnaire

Tanya Stevenson
(SIA Partners, External Facilitator)

Participants

Participants
Regulated Group 1 and Group 2 Companies

CER

  • ARC Resources Ltd.
  • Canadian Natural Resources Limited
  • Cenovus Energy Inc.
  • Champion Pipe Line Corporation Limited
  • Emera Brunswick Pipeline Company Ltd.
  • Enbridge Pipelines Inc.
  • FortisBC Huntingdon Inc.
  • Genesis Pipeline Canada Ltd.
  • Kingston Midstream Westspur Limited
  • LBX Pipeline Ltd.
  • Many Islands Pipe Lines (Canada) Limited
  • Montreal Pipe Line Limited
  • NorthRiver Midstream G and P Canada Pipelines Inc.
  • Pembina Pipeline Corporation
  • Plains Midstream Canada ULC
  • TAQA NORTH by its managing partner TAQA NORTH Ltd.
  • TC Energy
  • Trans Mountain Pipeline ULC
  • Trans-Northern Pipelines Inc.
  • Vector Pipeline Limited Partnership
  • Westover Express Pipeline Limited
  • Gitane De Silva (CEO) – Attended Item 1 ONLY
  • Sandy Lapointe (EVP, Regulatory)
  • Céline Sirois (Director, Regulatory Policy)
  • Paula Futoransky (VP, Energy Adjudication)
  • Marc Pauzé (A/VP- Field Operations)
Regulated Industry Engagement (RIE) Pilot Meeting October 19, 2022 – Meeting Minutes

Date: October 19, 2022
Time: 8:00 am to 12:00 pm
Hybrid in-person and online meeting

Regulated Industry Engagement (RIE) Pilot Meeting October 19, 2022 – Meeting Minutes

Item, Description and Outcome

Discussion Lead

Item 1 – Welcome/ Land Acknowledgement/ Introduction

  • Welcome and land acknowledgement for CER head office.
  • Opening remarks that the CER’s Competitiveness Strategic Priority stems from the CER Act, government commitment to enhance global competitiveness, and improving regulatory oversight.
  • The CER is committed to engaging and building relationships.
  • This meeting is a vehicle for creating a framework to share ways of working together and improve processes.
  • Introduction of participants.

Gitane De Silva
(CEO)

Item 2 – Presentation: CER Context

Overview of the three pillars of CER governance and their roles in the organization:

  • CEO
  • Commission
  • Board of Directors

Discussion of the drivers the CER has observed to be shaping the direction of the pipeline industry:

  • Safe and efficient transportation of energy
  • Climate change and the energy transition
  • Indigenous rights and interests

Overview of CER’s Strategic Priorities:

  • Trust and confidence – improvement within the regulatory system, including robust communication, transparency, and collaboration with industry using new tools and strategies.
  • Data and digital innovation – being good custodians of data, improving data with more automation, and greater data visualization with new tools and a commitment to open data for analysis.
  • Reconciliation – transforming the way the CER works with Indigenous Peoples by enhancing Indigenous involvement in how the CER discharges its mandate. There is a need to build renewed relationships based on recognition of rights and respect, as well as improving the cultural competency of the organization, internally.
  • Competitiveness – an ongoing engagement structure with industry enhances competitiveness through process improvements such as streamlining low risk applications and access to project data and information, as well as discussions about new regulatory approaches and the future energy landscape.

Sandy Lapointe
(EVP-Regulatory)

Tracy Sletto
(EVP-Transparency and Strategic Engagement)

Item 3 – Presentation: Introduction to Regulated Industry Engagement

Overview of the RIE initiative

  • The intention is to exchange perspectives with Industry and have them raise concerns about topics within the project lifecycle, which would then go to the appropriate channels for advancing them as opportunities for improvement.
  • Any topics in the regulatory lifecycle can be raised, as long as they are not in front of the Commission for decision.

Jim Fox
(VP-Regulatory Strategy and Coordination)

Item 4 – Discussion on Topics

Discussed CER – identified and Industry- identified topics to formulate RIE priorities, including:

  • More adequate notice and consistent communication of regulatory changes in a centralized system, specifically regarding management system requirements that necessitate changes throughout many aspects of a company’s organization.
  • More clarity on guidelines, requirements, and conditions, as well as transparency surrounding timelines and upcoming inspections or audits.
  • Development of best practices in several areas, such as working with Indigenous communities, completeness of applications, emergency management.
  • Clarity surrounding the roles and jurisdiction of different government departments and agencies.
  • Holistic approach to regulatory framework.

Thom Stubbs
(Facilitator)

Item 5 – Workshop: Supporting Continuous Dialogue and Action

Key themes identified in the workshops:

  • This type of engagement structure is good not only for discussion of specific issues, but also as a mechanism for relationship building.
  • More frequent, hands-on interactions between the Regulator and companies builds trust. Communication between meetings or while regulatory decision- making processes are underway is important- being able to deliver something keeps people from becoming disengaged.
  • Companies would benefit from getting meeting materials well in advance to determine the right people to send to the meetings and allow for the most effective dialogue and information-sharing. This could be best in the form of a single portal where all necessary information and communication can be accessed.
  • Meetings should be far enough apart to allow time for reporting back or delivering an outcome, but not so infrequent that there are staffing changes, etc. that effect the consistency of the group engaged in the meetings. More frequent meetings with sub-committees or one-to-one meetings with the CER (with hybrid options) could be useful additions.
  • Need for additional RIEG process documentation is still to be determined, minutes will be published on CER website without attribution to specific individuals or companies.
  • Having some scalability and recognizing limited resources for smaller companies versus larger companies is important.
  • CER needs to be transparent about what initiatives will or will be not pursued and reasons for these decisions.

Thom Stubbs
(Facilitator)

CER
Facilitators

Item 6 – Next Steps and Adjournment

  • Expressed thanks to everyone for participation and discussion.
  • Committed to taking all gathered information to figure out RIE next steps and share with the group.

Thom Stubbs
(Facilitator)

Participants

Participants
Regulated Group 1 and Group 2 Companies

CER

  • Campus Energy Partners LP
  • Cenovus Energy
  • CNRL
  • Champion Pipe Line Corporation Limited
  • Enbridge Inc.Table Note a
  • FortisBC Huntingdon Inc. (HIPCO)
  • Harvest Operations Corp. 1057533 Alberta
  • ISH Energy Ltd.
  • Kingston Midstream Westspur Limited
  • Kingston Midstream Virden Limited
  • Many Islands Pipe Lines (Canada) Limited
  • Milk River Pipeline Ltd
  • NorthRiver Midstream
  • Ovintiv
  • Pembina Pipelines
  • Plains Midstream
  • Steel Reef Infrastructure Corp
  • TAQA North
  • TC EnergyTable Note b
  • Trans Mountain Canada Inc.
  • Trans-Northern Pipelines Inc.
  • Vector Pipeline Limited
  • Vermilion Energy
  • Westover Express Pipeline Limited
  • Gitane De Silva (CEO) – Attended for Item 1 ONLY
  • Sandy Lapointe (EVP-Regulatory)
  • Tracy Sletto (EVP-Transparency and Strategic Engagement)
  • Jim Fox (VP-Regulatory Strategy and Coordination)
  • Céline Sirois (Director-Regulatory Strategy and Coordination)
  • Paula Futoransky (VP-Energy Adjudication)
  • Barb van Noord (VP-System Operations)
  • Marc Pauzé (A/VP-Field Operations)
Date modified: