Onshore Pipeline Regulations and Filing Manuals Update

Background

The Canada Energy Regulator has initiated a review of:

  • the Onshore Pipeline Regulations (OPR), and

  • the Environmental and Socio-Economic and Lands portion of the Filing Manuals (Filing Manuals).

The OPR are the main regulations we use to oversee pipelines in Canada. The Filing Manuals explain what to include in an application for a potential project.

The CER completed its first phase of engagement in 2023. Engagement will continue in 2024. The feedback collected will inform potential improvements to both regulatory instruments.

Feedback Received

In 2022, the CER received 97 submissions in response to the Discussion Paper, including from Indigenous groups (First Nations, Métis, and Inuit), regulated companies, municipalities, government departments and other interested parties. In April 2023, the CER released a summary report to share the key themes we heard following engagement on a Discussion Paper. Submissions received can also be read on the CER Dialogue website.

UN Declaration on the Rights of Indigenous Peoples and Canada's Action Plan

On 21 June 2023, the Department of Justice published the Government of Canada’s Action Plan to achieve the objectives of the UN Declaration on the Rights of Indigenous Peoples (UN Declaration), and to identify measures needed to ensure federal laws are consistent with the UN Declaration. The Action Plan provides a roadmap of actions Canada needs to take in partnership with Indigenous peoples to implement the principles and rights set out in the UN Declaration and to further advance reconciliation in a tangible way. Measure 34 of the Action Plan explicitly references the Review of the OPR and Filing Manuals and can be read here.

We are working with the TMX Indigenous Caucus, NRCan and other Indigenous partners on how to implement Measure 34 and will be seeking input on how to achieve these objectives in upcoming engagement.

Coming up in 2024

In 2023, the CER focused on developing options to address the issues we heard to date and planning further engagement. Engagement in 2024 is being informed by feedback received to date, including learnings from a pilot workshop held in June with members of the Trans Mountain Expansion and the Line 3 Indigenous Advisory Monitoring Committees (IAMCs).

We will be announcing funding and engagement opportunities in 2024, and will focus on the following topics:

  1. Emerging areas of oversight (designing requirements for socio-economic factors, rights and interests, and engagement),

  1. Improving oversight of and clarifying guidance for existing technical requirements (safety, security, environmental protection, etc.,) and

  1. Implementation considerations (Leveraging the use of Technical Guidance, and improving how we carry out oversight activities)

Background

The Canada Energy Regulator has initiated a review of:

  • the Onshore Pipeline Regulations (OPR), and

  • the Environmental and Socio-Economic and Lands portion of the Filing Manuals (Filing Manuals).

The OPR are the main regulations we use to oversee pipelines in Canada. The Filing Manuals explain what to include in an application for a potential project.

The CER completed its first phase of engagement in 2023. Engagement will continue in 2024. The feedback collected will inform potential improvements to both regulatory instruments.

Feedback Received

In 2022, the CER received 97 submissions in response to the Discussion Paper, including from Indigenous groups (First Nations, Métis, and Inuit), regulated companies, municipalities, government departments and other interested parties. In April 2023, the CER released a summary report to share the key themes we heard following engagement on a Discussion Paper. Submissions received can also be read on the CER Dialogue website.

UN Declaration on the Rights of Indigenous Peoples and Canada's Action Plan

On 21 June 2023, the Department of Justice published the Government of Canada’s Action Plan to achieve the objectives of the UN Declaration on the Rights of Indigenous Peoples (UN Declaration), and to identify measures needed to ensure federal laws are consistent with the UN Declaration. The Action Plan provides a roadmap of actions Canada needs to take in partnership with Indigenous peoples to implement the principles and rights set out in the UN Declaration and to further advance reconciliation in a tangible way. Measure 34 of the Action Plan explicitly references the Review of the OPR and Filing Manuals and can be read here.

We are working with the TMX Indigenous Caucus, NRCan and other Indigenous partners on how to implement Measure 34 and will be seeking input on how to achieve these objectives in upcoming engagement.

Coming up in 2024

In 2023, the CER focused on developing options to address the issues we heard to date and planning further engagement. Engagement in 2024 is being informed by feedback received to date, including learnings from a pilot workshop held in June with members of the Trans Mountain Expansion and the Line 3 Indigenous Advisory Monitoring Committees (IAMCs).

We will be announcing funding and engagement opportunities in 2024, and will focus on the following topics:

  1. Emerging areas of oversight (designing requirements for socio-economic factors, rights and interests, and engagement),

  1. Improving oversight of and clarifying guidance for existing technical requirements (safety, security, environmental protection, etc.,) and

  1. Implementation considerations (Leveraging the use of Technical Guidance, and improving how we carry out oversight activities)

Page last updated: 22 May 2024, 03:20 PM