2023–24 Annual Report of the Commission of the Canada Energy Regulator – Role of the Commission
The Commission renders decisions pursuant to its mandate as set out in the CER Act and other legislation. In its adjudicative role, it adheres to the purpose and provisions of the CER Act, while recognizing and respecting the rights of Indigenous Peoples protected by section 35 of the Constitution Act, 1982.Footnote 1 The Commission adheres to the requirements found in Part III of the Official Languages ActFootnote 2, as well as the rules of natural justice and relevant jurisprudence.
The Commission is responsible for adjudicative decisions and operates as a quasi-judicial tribunal that is at arm’s length from the Government of 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, the CER’s Strategic Priorities, and corporate outcomes, where applicable.
Pursuant to the CER Act, neither the Board of Directors nor the Chief Executive Officer may provide direction (nor advice, in the case of the Board) with respect to any decision, order, or recommendation that is made by the Commission or a Commissioner. Additionally, interactions with the CER’s Indigenous Advisory Committee are governed by the Protocol for Protection of Adjudicative Independence.
The Commission has all the powers, rights and privileges vested in a superior court of record with respect to any matters within its jurisdiction. It can adjudicate (including on its own initiative) any matter where a person has done or failed to do anything required by the CER Act and can also inquire into any incident involving a pipeline or other CER-regulated facility.
The Commission has the power to make orders for the enforcement of its decisions. It may make rules for carrying out its work and managing its internal affairs, including rules respecting the powers, duties and functions of Commissioners; its procedures and practices; its sittings; and its decisions, orders, and recommendations.
The Commission consisted of six full-time Commissioners from 1 April to 30 April 2023, and seven full-time Commissioners from May 2023 to March 2024. Commissioners, including the Lead Commissioner and Deputy Lead Commissioner, are appointed by the Governor in Council. For more details on the CER’s Commissioners, please refer to Appendix A : Commissioner Biographies.
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