Transition Binder for Chief Executive Officer

Engagement Guidance Document for GIC Appointees

Table of Contents

• Purpose
• Background
• What is Engagement
• CER Engagement Principles
• Why We Engage
• Who Conducts Engagement on Behalf of the CER
• Who We Engage With
• Other Considerations
• Appendix A – Organizational Relationship by Type

Purpose

To provide information on the Canada Energy Regulator’s (CER) engagement approach to new Governor in Council (GIC) appointees.

This document outlines how the CER defines engagement and the desired outcomes of engagement activities. It recommends specific types of engagement activities to be undertaken to enhance the effective governance of the CER. It also defines the roles and responsibilities held by staff, the Chief Executive Officer (CEO), Chairperson of the Board of Directors (Chair), other members of the Board of Directors, the Lead Commissioner and other Commissioners have related to engagement.

The document also defines primary and secondary owners of the relationships that must be maintained by the CER so that it can deliver on its mandate to Canadians. Defining ownership of key relationships helps the organization manage them more effectively by clarifying who is responsible for ensuring that the CER has direct and positive interactions with the assigned individual or group. The primary relationship owner is expected to have the most frequent interactions with the assigned individual or group, followed by the secondary relationship owner. Other GIC appointees and staff may also interact with key organizational stakeholders on a less frequent and as needed basis.

The document does not refer to meetings or events such as hearings arranged to facilitate the exchange information between the CER and external parties conducted through other programs. It also does not refer to communications activities, which are undertaken to increase awareness of our mandate and work, such as delivering speeches or professional development activities such as participating in conferences.

Background

The Canadian Energy Regulator Act enshrines the importance of inclusive public engagement and greater Indigenous participation in legislation. The CER has incorporated the spirit of the Act in its mission and vision statement, management system and Departmental Result s Framework (DRF). The organization is committed to engaging and building meaningful relationships with Indigenous Peoples and stakeholders and seeking input in order to enhance learning and increase our understanding of the issues that are important to the public we serve.

What is Engagement

CER Engagement Principles

The CER has established seven engagement principles that are based on the Public Engagement Principles of the Government of Canada, along with the Public Sector Values. These principles outline the spirit and intent in which all engagement activities will be conducted on behalf of the CER.

• Transparent: We communicate with Canadians about engagement opportunities. We let Canadians know the purpose of engagement and how their input will be used.
• Relevant: We listen and talk to interested and affected Canadians about issues that matter to them. When we convene participants, we are clear about what will be discussed and the scope of change possible.
• Inclusive: We engage with people who have a range of views and perspectives that reflect the diversity within Canada. We reduce barriers to participation, whether physical, cultural, geographical, linguistic, digital, or other. We offer a variety of channels and methods through which to engage.
• Accountable: We commit to sharing what we hear from participants. We explain our decisions including how input was used.
• Reconciliation: We recognize the unique culture, knowledge and history of Indigenous Peoples, and endeavour to reflect a renewed nation-to-nation relationship based on recognition of rights, respect co-operation and partnership.
• Advocacy: We will not advocate for an interested party or project outcome. We will advocate for public engagement in the regulatory lifecycle.
• Meaningful: We will approach engagement activities as an opportunity to learn. We will coordinate, share, track and report information and input received in a way that allows us to make better decisions and enables us to pursue continuous improvement in all aspects of our work.

The Government of Canada’s public sector values include: respect for democracy; respect for people; integrity; stewardship; and, excellence.

Why We Engage

The CER seeks input from diverse stakeholders and groups in order to enhance our learning and increase our understanding of the issues that are important to the public we serve. The CER values the relationships built through engagement activities because the knowledge gained through them influences our decisions and work in meaningful ways that improve our programs and services to Canadians – making us a better regulator.

We also engage to achieve the specific results and outcomes identified in the DRF:

• Input provided by Indigenous Peoples and stakeholders influences our decisions and our work;
• Engagement with Indigenous Peoples and stakeholders is meaningful;
• Engagement reflects the diversity of views of stakeholders across the country;
• The issues of stakeholders are identified and addressed; and
• The unique rights and interests of Indigenous People are acknowledged and reflected in the CER’s processes and programs.

Who Conducts Engagement on Behalf of the CER

Staff:

Staff conduct the majority of engagement activity on behalf of the organization. All CER staff (up to and including the Executive Vice Presidents) participate in engagement activities in a manner reflective of their role in the organization and technical expertise.

CEO:

The CEO regularly conducts external engagement activities on behalf of the CER to maintain the key organizational relationships to which they have been assigned as primary relationship owner (see Appendix A).

The CEO also participates in strategic engagement activities in order to support resolution of systemic issues where direct involvement of the leader and public face of the organization is beneficial or necessary to achieve the desired outcome.

Chairperson of the Board of Directors:

The Chair regularly conducts external engagement activities on behalf of the CER to which they have been assigned as primary relationship owner (see Appendix A).

The Chair may also participate in select engagement activities with the CEO or other staff members where participation of the Chair would increase their understanding of the organization’s external environment, strategy and or management of key risks.

Members of the Board of Directors:

Directors are not generally expected to participate in external engagement activities on behalf of the CER, unless requested by the Chairperson. Arrangements will be made for Indigenous groups and stakeholders to meet with the Board collectively at scheduled meetings, as requested by the Chair, to aid in understanding of the organization’s external environment, strategic issues and key risks.

Given the Board of Director’s unique role as the governing body of an arms -length agency of the Government of Canada and a quasi-judicial regulatory body, members must hold themselves to a high standard of care when interacting with the public. If a Board Member receives a request to participate in an engagement event they are requested to inform the CER Chief of Staff for handling.

Role of the Lead Commissioner:

The Lead Commissioner regularly meets with the CEO and Chairperson of the Board to enable efficient and effective functioning of the organization.

The Lead Commissioner is not generally expected to participate in external engagement activities on behalf of the CER to avoid the potential for any real or perceived breaches in procedural fairness or bias with respect to discharging the CER’s decision making and adjudicative processes.

Commissioners:

Commissioners are not expected to participate in external engagement activities on behalf of the CER to avoid the potential for any real or perceived breaches in procedural fairness or bias with respect to discharging the CER’s decision making and adjudicative processes. If a Commissioner receives a request to participate in an engagement event they are requested to inform the Secretary of the Commission for handling.

Who We Engage With

The CER primarily engages with people and organizations that are impacted by and/or interested in its regulatory activities and mission. It also engages with groups who have a shared interest and role in improving public safety and environmental protection, creating market efficiencies or energy information.

Groups with a Unique Relationship with the CER

The CER regularly engages with three groups because of their unique and interconnected relationship with the CER.

• Governments and representatives of Indigenous Peoples (First Nations, Métis and Inuit) who live and have traditional territory in proximity to CER-regulated facilities.
• Regulated Companies – Companies who are directly regulated by the CER and are required to comply with CER’s legislation and regulations.
• Government of Canada – The CER is accountable for delivering on its mandate to parliament and Canadians through the Department of Natural Resources (NRCAN), and works closely with the Department as well as other federal departments to achieve a coordinated federal approach to Engagement.

Groups Directly Impacted by the CER’s Regulatory Decisions and Oversight

• Landowners and residents – individuals that live on or near land that supports previous, existing or planned energy infrastructure.
• Landowner organizations that represent the interests of broad groups of landowners.
• Communities – community associations, businesses, interest groups, and recreational groups.
• Governments – municipal, provincial, territorial and international governments.
• Industry associations that work with regulated companies.
• Groups with a Common Interest in the Work Done by the CER
• Peer regulators – other regulators with similar responsibilities for energy regulation.
• Standards groups and associations – organizations that develop and set industry standards and codes of best practices.
• Educational institutions – groups or individuals with interest and expertise in energy, economics and regulation.
• Environmental non-government organizations – groups that participate in the energy policy debate.
• Supranational organizations – organizations such as the Organization for Economic Cooperation and Development (OECD), the World Bank, the United Nations (UN), and others that have an interest in energy issues and the ability to influence energy decisions.
• Thought leaders and influencers – individuals, think tanks, safety experts, and nongovernmental organizations with interest and influence in the field of energy regulation.

Other Considerations

Impartiality and Procedural Fairness

The CER’s ability to engage with Indigenous peoples and stakeholders is impacted by its role as a quasi-judicial regulatory body. Care must be taken so that the engagement activities do not create a legal risk to the Commission’s regulatory decision-making function.

Engagement activities should not be undertaken in relation to substantive or procedural matters at issue in an active regulatory proceeding. Collecting information through non-public meetings with select parties and use of that off-the-record information could raise a concern regarding lack of independence regarding the ability of the Commission to make a decision or create a breach of procedural fairness.

Precautions are generally not required when the CER is engaged in “administrative” or “legislative” functions. This includes the creation of regulations, and when the NEB engages with Indigenous peoples and stakeholders on general issues related to the regulatory system and program delivery.

Appendix A – Organizational Relationship by Type

The CEO’s day-to-day responsibilities also means that he or she is typically the primary owner and manager of organizational relationships on behalf of the CER. The Chairperson of the Board also maintains a select number of relationships. Primary and Secondary relationship ownership is assigned by position according to the tables in this appendix.

Date modified:

2021-12-30