FAQ – Confidential Disclosure (Whistleblower) Process

  1. What is the purpose of the CER Confidential Disclosure (Whistleblower) Process?
  2. What is not addressed by the CER Confidential Disclosure (Whistleblower) Process?
  3. What is an act of non-compliance by a regulated company?
  4. What are some examples of non-compliance?
  5. I suspect that a regulated company may not be complying with the CER Act and Regulations. How can I make a confidential disclosure of non-compliance to the CER?
  6. Can I make an anonymous disclosure?
  7. How does the CER protect my confidentiality and anonymity?
  8. What will happen with the information I provide to the CER?
  9. Will I qualify for a reward if my information is helpful?
  10. How long could the entire process take?
  11. Will the CER contact me following my disclosure?
  12. Once I have filed a disclosure alleging an act of non-compliance by a regulated company can I change my mind and drop or withdraw my complaint?

1. What is the purpose of the CER Confidential Disclosure (Whistleblower) Process?

The CER’s Confidential Disclosure (Whistleblower) Process has been created pursuant to the Canadian Energy Regulator Act (CER Act).  Its purpose is to:

  • facilitate the reporting of alleged non-compliances of CER-regulated companies.
  • create a robust and reliable process to assess, manage, and resolve disclosures in a timely and efficient manner.
  • protect the confidentiality and anonymity of tipsters Footnote 1and their disclosures to the greatest extent possible.

2. What is not addressed by the CER Confidential Disclosure (Whistleblower) Process?

The Confidential Disclosure Process is not intended to address apparent criminal activity or allegations thereof. Call 9-1-1 to report the activity.

The Confidential Disclosure Process is not designed to address issues that are currently being considered by the Commission of the CER (e.g., issues relating to applications for new projects or for leave to abandon a facility, requests to vary an order or certificate) Click here to learn more about participating in a Commission hearing.

The CER’s ability to take action on certain workplace violence, harassment or bullying, discrimination issues might be limited, depending on the situation and facts. Other reporting mechanisms in respect of workplace violence, harassment, or bullying should also be considered::

3. What is an act of non-compliance by a regulated company?

Companies that are regulated by the CER are required to follow the CER Act and its associated Regulations. An act of non-compliance is defined as a contravention of the Act or a Regulation made pursuant to the CER Act.

For a list of companies regulated by the CER click here.

To learn more about the CER Act and Regulations, click here.

4. What are some examples of non-compliance?

Examples of non-compliance could include violations of the CER Act and Regulations involving the safety of pipelines and facilities, pipeline integrity, environmental protection, emergency management and security, damage prevention and other factors. Click here to read more about the types of compliance and enforcement activities at the CER.

5. I suspect that a regulated company may not be complying with the CER Act and Regulations. How can I make a confidential disclosure of non-compliance to the CER?

The CER has long encouraged the reporting of non-compliances associated with its regulated companies. We are committed to providing a safe, easy and anonymous way for the public to report information. A confidential report can be submitted by email or by mail:

  1. By email: Download and complete the Confidential Disclosure Form [WORD 107 KB] and send a copy, along with any supporting evidence, to ConfDisc-DivConf@cer-rec.gc.ca.
  2. By mail: Print the completed Confidential Disclosure Form [WORD 107 KB] and mail or courier it, along with any supporting evidence, to the following address (please mark as ‘Confidential’):

    Disclosure Intake Unit
    Canada Energy Regulator
    210-517 10 Ave SW
    Calgary AB  T2R 0A8

6. Can I make an anonymous disclosure?

Yes, the CER accepts anonymous disclosures. The CER’s process is structured to maximize confidentiality to the greatest extent possible. It is important to note, however, that in certain instances the CER may be required by law to provide information that could identify a tipster. While we do our best to maintain your privacy, absolute confidentiality cannot be guaranteed. If you choose to provide contact information in your disclosure, you will be advised if there is a lawful release of information that could identify you.

7. How does the CER protect my confidentiality and anonymity?

The CER’s procedure is structured to maximize confidentiality and security over the original disclosure and information that might reveal the identity of the tipster. To maintain the integrity of this process, we use the following procedures:

  1. All disclosures are initially reviewed by the Disclosure Intake Unit, a small team of trained staff who will redact any potentially identifying information prior to further distribution of the report.
  2. Only the Disclosure Intake Unit and members of the Disclosure Evaluation Committee are permitted to review the report.
  3. All written disclosures, information regarding the tipster’s identity, correspondence to and from the tipster, and other documents that could reveal the tipster’s identity will be physically and electronically collected, stored and managed in a secure manner.
  4. All physical and digital (electronic) documents are marked as protected documents.

8. What will happen with the information I provide to the CER?

Your information will be assessed by specially trained CER staff on the Disclosure Evaluation Committee, whose composition varies depending on the nature of the disclosure. If the circumstances warrant further action, the CER may undertake compliance verification activities to determine the validity of the allegation(s) or may refer your information to other regulators or lawful authorities.

Decisions regarding compliance verification activities, courses of action, and dispositions with respect to the disclosure rest with the CER alone.

9. Will I qualify for a reward if my information is helpful?

The CER appreciates all reports of alleged non-compliances of its regulated companies, however, no compensation – that is, a reward, financial payment, consideration, indemnification, offer of employment, actual employment or any other benefit – is provided in exchange for information.

10. How long could the entire process take?

The entire process may require weeks and even months to conclude depending on the complexities of the alleged non-compliance being reported.

11. Will the CER contact me following my disclosure?

The CER will only contact you if you have consented to being contacted and provided your preferred contact information through the Confidential Disclosure Form [WORD 107 KB]. We will provide information at the conclusion of the disclosure process if you have consented to being contacted.

The CER will not provide tipsters with specific details regarding any compliance verification activities we have undertaken, for example the names of people we have interviewed or the final results of our work.

12. Once I have filed a disclosure alleging an act of non-compliance by a regulated company, can I change my mind and drop or withdraw my complaint?

Yes, you can provide new information at any time in the process, including a request to withdraw the complaint. However, once a disclosure has been received from a tipster, that information becomes the property of the CER. The CER will assess the information and decide on the appropriate course of action regardless of whether the complaint is dropped or withdrawn.

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