Transition Binder for Minister of Natural Resources

Table of Contents

III. CER Governance Structure

Overview of the Governance Structure

This section contains an overview of the CER governance structure. The CER Act establishes the governance structure of the CER. The roles and responsibilities of each component of the governance structure are described below:

  • 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 all the responsibilities of a deputy head. The CEO works closely with the Board and provides the Board with the support needed to carry out its responsibilities. The CEO is responsible for providing the support services and the facilities that are needed by the Commission to exercise its powers and perform its duties and functions in accordance with the rules that apply to its work. The CEO may provide impartial and candid advice, but not direction, to the Commission on specific adjudicative matters.
  • The Board of Directors is responsible for the governance of the CER, including providing strategic advice and direction. The Board’s oversight is focused on results and outcomes. It does not normally engage in routine operations, which are the purview of the CEO, and it operates at a high, directional level in matters of management and staff. However, the Board, under the leadership of the Chairperson, is ultimately accountable to the Minister for ensuring that the CER delivers effectively on its mandate and is appropriately aligned with government policy. The Board is not permitted to provide advice or direction to the Commission on specific adjudicative matters. The Board is comprised of between five and nine directors, including the Chairperson and Vice-Chairperson and at least one of the directors is required to be an Indigenous person. There are currently eight directors.
  • The Commission is responsible for making independent adjudicative decisions and recommendations pursuant to the CER Act and other legislation. 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 Departmental Results Framework, in particular the CER’s Core Responsibilities of Energy Adjudication and Safety and Environment Oversight. The Commission is responsible for ensuring continuous improvement and effectiveness in the areas in which it works. Except as otherwise prescribed by law, the Commission may make rules for carrying out its work and managing its internal affairs vis-à- vis adjudication, including rules respecting the powers, duties and functions of Commissioners, its procedures and practices, its sittings and its decisions, orders and recommendations. The Commission is comprised of up to seven full-time Commissioners, including the Lead Commissioner and Deputy Lead Commissioner and at least one full-time Commissioner must be an Indigenous person. The Commission may also include a complement of part-time Commissioners.
  • The Indigenous Advisory Committee (IAC) provides broad and strategic advice directly to the Board of Directors that is focused on how to enhance the involvement of the Indigenous peoples of Canada and Indigenous organizations in CER-regulated infrastructure. The IAC is not a decision-making body, nor does it engage in CER operational matters or provide advice on any specific projects or matters before the Commission.
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