The Canada Energy Regulator works within the Canadian Energy Regulator Act (CER Act). The CER Act provides a clear separation between the operational and adjudicative functions of the Regulator.
A detailed description of the roles and responsibilities of the Board of Directors, CEO, Commission, and CER staff in supporting the effective delivery of the CER’s mandate is provided in the Governance of the Canada Energy Regulator Mandate, Roles and Responsibilities.
Board of Directors
The Board of Directors oversees the CER at the level of governance and strategic advice and direction, and is focused on results and outcomes. It does not normally engage in routine operations, which is the role of the Chief Executive Officer (CEO). The Board does work closely with the CEO, who provides the Board with the support needed to do their work.
The Board holds quarterly Regular meetings and posts a synopsis of each meeting.
The CER’s Board is comprised of between 5 and 9 Directors, including the Chairperson and the Vice-Chairperson. At least one of the Directors is required to be an Indigenous person. All Directors serve part-time and are appointed by Governor in Council.
The CEO is responsible for the management and daily operations and affairs of the organization, including the supervision of its employees and their work, and has the responsibilities of a deputy head. The CEO works closely with the Board and provides both the Board and the Commission with the support needed to carry out their respective responsibilities.
The CEO is appointed by the Governor in Council on the recommendation of the Minister following consultation with the Board of Directors.
The Commission is responsible for adjudicative decisions, operating as a quasi-judicial body that is arm’s length from other parts of the CER governance structure and Natural Resources Canada. The Commission is part of the CER and, although its adjudicative role is independent, it contributes to the overall effective delivery of the CER’s mandate and corporate outcomes.
The Commission is comprised of up to 7 full-time Commissioners, including the Lead Commissioner and Deputy Lead Commission, who are appointed by Governor in Council. At least one full-time Commissioner must be an Indigenous person. The Commission may also include part-time Commissioners.
Indigenous Advisory Committee
The overarching mandate of the Indigenous Advisory Committee (IAC) is to advise the Board of Directors (Board) on how the CER can build a new relationship with Indigenous peoples.
The IAC plays a key advisory role to the Board on how best to enhance the involvement of Indigenous peoples and organizations in respect of CER-regulated infrastructure and other matters. The IAC facilitates the integration of Indigenous perspectives, knowledge, teachings, values, use of the land and water, oral traditions, and world views to enhance the involvement of Indigenous peoples in regulation of CER-regulated energy infrastructure.
The IAC holds Regular quarterly meetings and posts a summary of every meeting.
The IAC is comprised of 9 Members, led by a Chairperson selected by the IAC. Three IAC Members are directly nominated by national Indigenous organizations: the Assembly of First Nations, Métis National Council and Inuit Tapiriit Kanatami. For the remaining IAC members, the CER put out an invitation for expressions of interest. The Board selected these members, taking into account Canada’s diversity of Indigenous Nations and communities, languages, genders, geographies, skills and expertise.
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