Regulated industry engagement

Item 1 – Introductions

Introductions and Housekeeping

CER: Jonathan Timlin, VP, System Operations

Item 2 – Welcome/ Land Acknowledgement/Introduction

Welcome/Land Acknowledgement/Introduction

CER: Chris Loewen, EVP, Regulatory

Item 3 – Opening Remarks (including staffing updates at the CER)

Staffing updates at the different leadership levels

CER: Chris Loewen, EVP, Regulatory

Item 4 – Efficient processing of negligible-risk and low-risk applications

For awareness:

Update on 30-day completeness.

Provide a high-level overview of proposed processes for negligible-risk and low-risk applications (section 214, and decommissioning activities).

Share an update on upcoming engagement opportunities.

For discussion:

Opportunity to share any early feedback and input on the proposed processes.

Key Takeaways:

• The current Streamlining Order and Decommissioning Exemption Order will remain in effect until a new process is implemented, anticipated by Spring 2025. Once a new process is in place, the current orders will be rescinded.
• New process will be designed to provide efficient, timely regulatory approvals. For Category A s.214 aiming to issue decisions in a shorter timeframe. Current service standard is 40 calendar days from receipt of a complete application, hoping to make this shorter. CER is looking very closely at those timelines.
• Project documents are planned to be posted at the end of June. Public comment to run until end of September. During the comment period, the CER will be hosting sessions with various groups.
  

CER: Blair Reilly, Director, Facilities Adjudication, West Usha Mulukutla, Technical Leader, Facilities Adjudication, West

Item 5 – Regulatory Framework Plan 2024-2027

For awareness:

Provide an overview of ongoing and planned Regulatory Framework improvement projects, including regulatory development led by NRCan where the CER participates, which will appear on the 2024-2027 Regulatory Framework Plan (RFP).

For discussion:

Opportunity to pose questions and provide feedback on the CER’s priorities for Regulatory Framework improvement and the RFP. Delivery of Regulatory Framework Survey to seek feedback (Regulatory Framework Survey | CER Dialogue- Canada.ca).

Key Takeaways:

• No new regulatory development projects will appear in the 2024-2027 RFP; current projects will continue. One new guidance development project, which was discussed at the November 2023 RIEG meeting, will be added to the 2024-2027 RFP (Contractor Oversight Guidance for CER-Regulated Companies).
• The CER will continue to identify opportunities for coordinated external engagement on Regulatory Framework improvement projects.
  

CER:

Melissa Mathieson Acting Director, Regulatory Policy

Item 6 – Upcoming engagement for the OPR and FM update project

For awareness:

Provide an update on the Onshore Pipeline Regulations (OPR) and Filing Manual (FM) review project and share upcoming engagement opportunities.

For discussion:

Receive feedback on areas of interest for Phase 2.

Key Takeaways:

• CER anticipates engagement to begin in June with general information sessions to explain the process.
• The CER plans to release a backgrounder paper to situate phase 2 engagement as well as 12 topic papers in parallel. The papers will each focus on one technical element to allow companies to allocate their resources in a meaningful manner.
• Commitment to notify members attending this meeting when these opportunities will arise.

CER: Don Logan, Technical Leader, OPR/FM Project Manager, Regulatory Policy

Item 7 – Miscellaneous Updates

For awareness (updates):

• 2025 Canada’s Energy Future Report (EF 2025)
• Audits
• Federal budget and regulatory efficiencies

Key Takeaways:

EF 2025

• Energy Information program is working on a discussion paper on its next iteration of the report. It is anticipated to be posted for comment in June on the CER website.

Audits

• CER will be launching a draft of the Contractor Oversight Guidance. There will be a 60-day comment period and within that period, the CER will be hosting a workshop. More information to come.

Federal budget and regulatory efficiencies

• Amendments have been proposed in response to the Supreme Court’s ruling on the Impact Assessment Act. Relatively little impacts to the projects regulated by the CER other than for a joint review which would entail a project with 75km of pipeline.
• Guidance on best practices involving Indigenous Peoples in emergency management – at the end stages of refining this material and anticipated to be released in late June or early summer.

CER: Jonathan Timlin, VP, System Operations

Item 8 – Next Steps

• Key take-aways
• Post session questionnaire
• Closing remarks

Key takeaways:

• Next meeting will be held in 6 months.
• Questions and feedback are not limited to the meeting. Members can reach out via email or phone to CER staff.

CER: Chris Loewen, EVP, Regulatory

ARC Resources Ltd.

Cenovus

Centra Transmission Holdings Inc.

Emera Brunswick Pipeline Company Ltd

Enbridge Pipelines Inc.

Energir

Energy Connections Canada

Husky Midstream

Kingston Midstream Westspur Limited

LBX Pipeline Ltd.

Many Islands Pipe Lines (Canada) Limited (MIPL)

NorthRiver Midstream

Pembina Plains Midstream Canada ULC

Steel Reef Infrastructure Corp.

TAQA North

TC Energy Trans Mountain Canada Inc.

Trans-Northern Pipelines Inc.

Westover Express Pipeline Limited

Whitecap Resources

Chris Loewen, EVP, Regulatory

Jonathan Timlin, VP, System Operations

Melissa Mathieson, A/Director, Regulatory Policy

Andrew Strople, A/Director, Research & Innovation

Jess Dunford, VP, Field Operations

Blair Reilly, Director, Facilities Adjudication, WEST

Erin Tabah, Director, Facilities Adjudication, EAST

Chioma Izugbokwe, A/VP, Energy Adjudication

Josh Brading, A/Director Public Participation

Suzanne Brown, Director, Construction Oversight

Item 1 – Introductions

Introductions and Housekeeping

Anne-Marie Erickson
(Technical Leader, Public Participation)

Item 2 – Welcome/ Land Acknowledgement/Introduction

Land Acknowledgement and Opening remarks

Tracy Sletto
(CEO)

Paula Futoransky
(EVP, Regulatory)

Item 3 – Preparing for the Energy Future

Presentation and Discussion on the following topics:

• Enhanced efficiency and predictability of regulatory processes.
• Transportation of hydrogen.
• Transportation of carbon.
• Electrification of energy infrastructure.
• Climate change adaptation.
• Greening infrastructure.

Key themes identified during discussion on preparing for the energy future:

• There should be a focus on energy literacy.
• Jurisdictional coordination, alignment, and clarity in requirements for federal and provincial departments.
• Certainty around regulatory processes and systems.
• Leveraging existing technology and assets.
• Companies desire more clarity around Emergency Response Programs.
• Long-run value and costs of electrification.
• Risk assessments.
• Incentives and access to funding for electrification.
• Efficient and predictable assessment and authorization processes.
• Prescriptive requirements.
• Fulsome, plain language postmortems.
• Coordination regarding Crown consultation.
• Engagement capacity for Indigenous communities.
• Methodology for abandonment cost estimates.
• Filing requirements.

Jonathan Timlin
(VP, System Operations)

Jean-Denis Charlebois
(Chief Economist)

Item 4 – Contractor Oversight

Presentation and discussion on:

• Development of enhanced guidance to ensure compliance with the Onshore Pipeline Regulations.

Key themes identified during discussion on contractor oversight:

• Sub-contractor requirements and company obligations under Onshore Pipeline Regulations and guidance.
• Development of contractor oversight guidance.
• Other groups/ departments that should be consulted or considered in development of contractor oversight guidance.

Peter Budgell
(Technical Specialist, Research & Innovation, System Operations)

Item 5 – Crown Consultation

Presentation and Discussion on:

• CER’s Crown Consultation role as an agent of the Crown.
• Expectations for companies to ensure timely, predictable, and transparent processes through collaborative working relationships.

Key themes identified during discussion on crown consultation:

• Initiating consultation early to establish relationship-based agreements.
• Coordination with federal authorities in consultations.
• Efficiencies and service standards for applications.
• Project-specific and consultation-based agreements that set out the format and method of engagement between community and government.
• Hearing processes and roles.

Carly Milne
(Director, Crown Consultation, Indigenous Relations, and Reconciliation)

Item 6 – Updates and Next Steps

Presentation and Discussion on:

• Leadership changes at the CER.
• Regulatory Efficiency Project Update: Project Notifications and Completeness Decisions on s.214 applications.
• Key take-aways.
• Post event questionnaire.

Key themes identified during discussion on Regulatory Efficiency Project Updates:

• Service standards and criteria-based or low-risk activities.
• Abandonment service standards and timelines.
• Regulatory improvements within the legislation and mechanisms available.

Paula Futoransky
(EVP, Regulatory

Blair Reilly
(Director, Energy Adjudication)

Item 7 – Session for Group 2 Companies

Presentation and discussion on:

• Regulatory burden for companies.
• Scalability of management systems requirements for smaller systems.

Key themes identified during discussion for group 2 companies:

• Clarity for expectations of companies.
• Scalability vs. prescriptive audit requirements.
• Sharing of lessons learned from audits.
• Management systems for international pipelines.
• Large range of Group 2 experiences for management systems and scalability.
• Wording of OPR and company intent.
• Resources necessary for meeting requirements can be difficult for smaller companies.
• Integrated vs. separate programs and audit methodology for smaller companies.
• Requirements for on the ground staff vs. corporate staff.
• CER staff should be consistent between visits.
• Information sharing about performance across industry.
• Separate Group 2 session at future RIEG meetings is supported.

Kathryn Milne
(Technical Specialist, Audit, Enforcement and Investigation, System Operations)

Item 8 – Next Steps

• Closing remarks
• Post-Event Questionnaire

Paula Futoransky
(EVP, Regulatory)

Alliance Pipeline Limited Partnership

ARC Resources

Campus Energy Partners Operations Inc.

Canadian Association of Petroleum Producers

Canadian Natural Resources Ltd.

Cenovus

Centra Transmission Holdings Inc.

Corporation Champion Pipe Line Limitée

Emera Brunswick Pipeline Company Ltd

Enbridge Pipelines Inc.

Energy Connections Canada

FortisBC Energy Inc.

Husky Midstream

Kingston Midstream

LBX Pipeline Ltd.

Milk River Pipeline Ltd.

NorthRiver Midstream

Ovintiv Canada ULC

PKM Cochin ULC

Plains Midstream

SaskEnergy Incorporated

Steel Reef Pipelines Canada Corp.

TAQA North

TC Energy

TransMountain

Trans-Northern Pipelines Inc. (TNPI)

Westcoast Energy Inc.

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)

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)

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)

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 Energy^{Table 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)