Thank you very much.
Good afternoon, members of Parliament. Thank you for inviting the Canada Energy Regulator, or CER for short, to appear as part of your study of Bill C-15, and specifically the proposed change to the Canadian Energy Regulator Act that's included in division 41 of part 5.
My name is Tracy Sletto, and I'm the CEO at the CER. I'm joined today by Darren Christie, our chief economist, as the chair pointed out, and John Timlin, our vice-president of system operations.
In my opening remarks, I thought I'd briefly describe the CER's mandate and discuss how we regulate natural gas exports. I will also touch on how the proposed change to our act, which would increase the maximum duration of export licences for liquefied natural gas from 40 to 50 years, could impact our regulatory responsibilities.
Before going further, I would like to acknowledge that I am on the unceded, ancestral and traditional territory of the Algonquin Anishinabe nation, which has lived on and cared for the land now known as Ottawa since time immemorial.
The CER's mandate is clear. We regulate energy infrastructure—specifically international and interprovincial pipelines, international power lines, and offshore energy projects and power lines—in a way that prevents harm and ensures the safe, reliable, competitive and environmentally sustainable delivery of energy to Canada and the world.
The CER is also responsible for advising and reporting on energy matters. One way we do this is through our energy futures series, where we explore how possible energy futures might unfold for Canadians over the long term. In addition to the energy futures reports, the CER develops provincial-territorial energy profiles, produces market snapshots that highlight key trends in Canada's energy sector, and publishes oil and gas production statistics.
The CER's mandate also includes the regulation of hydrocarbon and electricity exports from Canada. Our role in regulating these exports, including for natural gas, is set under part 7 of the Canadian Energy Regulator Act.
For the exportation of natural gas, the commission of the CER currently has authority to issue licences for up to 40 years, subject to approval by the Minister of Energy and Natural Resources, and to issue short-term export orders for up to two years.
The maximum term for natural gas export licences was extended from 25 years to 40 years in 2015 through amendments to the National Energy Board Act. This change was carried forward under the CER Act in 2019.
When assessing applications for long-term natural gas export licences, the commission of the CER applies a surplus test that is set out in section 345 of the CER Act. This test establishes that the proposed exports must not exceed the amount of natural gas expected to be available after meeting the “reasonably foreseeable” needs of Canadians, taking into consideration the “trends in the discovery of...gas in Canada.”
Applicants for natural gas export licences must provide supply and demand projections and demonstrate that exports will not compromise Canada's domestic energy requirements. The commission of the CER reviews these applications through a written process, including a public comment period, and must decide within 180 days, followed by a ministerial decision.
Currently, there are 24 valid export licences linked to LNG projects, with 18 of them for 25-year terms and six for 40-year terms. Companies apply for export licences in advance of construction and operation, so even though there are 24 valid licences, only one is currently in use: the 40-year export licence for LNG Canada, a natural gas liquefaction facility and marine terminal for exporting LNG in Kitimat, B.C.
Other than the licence for LNG Canada, all of Canada’s natural gas currently being exported is under what are called export orders rather than export licences. These orders are generally for a maximum of two years, and given their technical and administrative nature, they typically receive CER commission approval within two working days after being submitted through our online application system. The CER receives approximately 100 new applications for these orders every year.
In terms of impacts for our regulatory responsibilities, this potential change to our act would only apply to export licences for LNG and not to the other exports we regulate, such as oil or electricity.
The change proposed in Bill C-15 would not automatically extend the term for existing export licences. Companies with existing licences would have the option to reapply to the CER to receive a 50-year licence. This is similar to when the maximum term for natural gas licences was increased from 25 to 40 years.
In closing, I want to thank you for giving me the opportunity to speak with you today about the work of the CER. My colleagues and I very much look forward to your questions.