The Compliance Connection
Reduce risk and ensure compliance

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A message from Ron Visser

September 2015. Our industry has endured one of the most challenging summers in recent years – both in terms of commodity pricing and in terms of the regulatory landscape we find ourselves in. There have been significant changes in our pipeline operational space with updates to Z662, recently released audit results from the NEB and an increased focus in Alberta by the AER; largely driven by several recent incidents and findings. Operators will see a sustained focus on their pipeline operations, maintenance and integrity plans by regulators across Canada for the foreseeable future. The expectation by the public, stakeholders and the regulators of operators to demonstrate that our operations are being conducted in compliant manner; including the ability to provide supporting documentation that demonstrates due diligence is only increasing. Regardless of the financial landscape we are all operating in today, our ability to understand and maintain compliance across all aspects of the regulatory landscape are critical and do not lessen with low commodity prices.
Featured story

Rewriting the Rules of Engagement
By Kasia Sell and Henry Stoch
It’s no longer business-as-usual in BC’s resource industry. First Nations have a stronger voice than ever when dealing with projects proposed on their territory and as result, the rules of engagement are undergoing a fundamental change. Recognizing that engagement with First Nations must be done better, but also differently, is good news for everyone. Resource companies are transforming their relationships with First Nations communities, embarking on long-term, comprehensive partnerships that, ultimately, create mutual benefit for all. Here’s why:
Evolving the Long-Term Relationships
Historically, procedures for engagement with groups such as First Nations communities and local communities affected by resource development were driven by the highly prescriptive regulatory process. Engagement was primarily informational and included activities such as engagement meetings and documentation of consultation processes.
Our clients, energy companies and First Nations alike, tell us that the prescriptive regulatory approach has not produced satisfying long-term results for any parties. Companies are realizing that to improve outcomes, they must gain a deeper understanding of Aboriginal values and communities, and proactively engage with First Nations collaboratively across project lifecycles.
Our First Nations clients have told us they recognize the need to take a more comprehensive approach. They’re looking at responsible energy development as a way to ensure the long-term sustainability of their communities and the environment and drive economic independence. For many communities there is a heightened focus on community benefits, greater decision-making power, and partnerships.
Today’s leading companies take a strategic approach, one which contributes to the long-term well-being of communities impacted by development. This approach involves working with leaders to identify areas were the greatest benefits to be had, investing in them, establishing specific goals, and measuring progress through performance metrics. Partnerships announced by Steelhead LNG Corp. and the Huu-ay-aht First Nations (HFN) and Malahat First Nations to develop land for LNG facilities in both communities and share long-term benefits exemplifies this new approach to engagement. Larger, more complex LNG projects in development have also involved the negotiation of forward-looking agreements with multiple First Nations. Before long, these best practices may well become standard procedure.
Companies adopting this new approach must look at including more extensive capacity-building benefits into community agreements, ones which include but are not limited to: meaningful, long-term local employment and procurement opportunities; support for local education and training initiatives; equity participation; and long-term impact measurement.
One new strategy, developed by Deloitte and First Nations communities, is the re-establishment of traditional forms of decision-making through community trust structures. These trusts put control of resource development wealth into the hands of communities instead of banks, as has traditionally been the case. Investment decisions are made by trustees chosen from within communities as opposed to corporate trustees with no stake in the development of the community.
Updating Approaches
These new approaches represent a major shift in how the energy industry will do business in the future, how professionals will provide support and how First Nations will approach to resource development going forward. Well-planned engagement strategies will embrace core business processes and enable higher returns on investment and establish as sense of long-term certainty for communities and companies alike. Approaches to First Nations engagement will include forward-thinking strategies which understand communities’ priorities, build consensus and capacity and performance measures and investment assessments that track actual outcomes against goals. An engagement-minded dealmaker will look for a mutually winning scenarios and assess and communicate performance in a timely manner, facilitating good conditions for business outcomes.
While the “new rules of engagement” may appear to require a significant amount of effort, the benefits they produce, particularly in a competitive environment, are worth it. In the end, authentic engagement between all members in a resource project provides, secure, significant and long-term economic benefits for all parties – and that’s good news for everyone.
  Kasia Sell is a Senior Manager in Deloitte’s Sustainability and Climate Change practice who consults on a variety of strategy, risk, and assurance projects related to social, economic, and environmental issues.
  Henry Stoch is a partner in Deloitte’s Enterprise Risk group and leads the Western Canadian Sustainability and Climate Change practice. He has spent his entire career in the energy and resources sector, both in industry and consulting, focused on solving complex social, economic, and environmental issues at many of the most significant companies across North, Central, and South America.
Insights
Enhancing the CFO: The new imperative for oil and gas producers
CFOs and their teams have difficult jobs that get all the more challenging during volatile times. Deloitte surveyed CFOs from many large Canadian upstream oil and gas companies and learned that, during volatile times, a CFO juggles 4 roles – catalysts, strategists, stewards and operators. For Finance to step up to be a strategic advisor to the board in such situations, CFOs and their teams will need to rethink and retool the organization to think differently about people, process, data and technological capabilities.
Round-the-clock, customized, cyber threat security and cyber risk management
Cyber attacks have now become a major risk for organizations of all sizes, across all sectors. Many, however, lack the internal tools, team knowledge and skills required to effectively protect themselves and respond to cyber threats. This can not only lead to financial loss and legal issues; it can also put your hard-earned reputation at unnecessary risk.
The energy and resources sector faces specific challenges dealing with fraudulent connections to service systems, attacks on the SCADA systems that monitor and control industrial processes, and attacks on employees, “the human operating system,” in the form of targeted malware and spear phishing emails and URLs.
The Canadian Cyber Intelligence Centre (CIC) is designed to provide clients with a range of customized, integrated cybersecurity services that deliver 24/7 monitoring and advanced threat detection for critical IT systems and data. The CIC provides clients with leading cybersecurity solutions to help them stay ahead of cyber threats and risks. With the CIC, clients can choose either a complete managed security solution or select services to augment existing capabilities to ensure that their organization remains secure, vigilant and resilient against cyber-crime.
To learn more about Deloitte’s Western Canada Cyber Intelligence Centre and our cyber risk capabilities, visit www.deloitte.ca/cyber or contact Justin Fong, Partner, Enterprise Risk Services
Cost reduction video series
Companies on average leak 3-5% in costs in vendor management. Learn how you can recover this spend from our cost reduction video series.
Compliance spotlight
Staying informed
Canadian Standards Association’s CSA Z662-15 is updated and effective immediately
On June 15, 2015 the Canadian Standards Association (CSA) released a new edition of CSA Z662 oil and gas pipeline systems. Under section 1 of the pipeline regulation and section 1 of the drilling and production regulation, this new edition of the standard is immediately incorporated into the pipeline regulation and the drilling and production regulation. As there are significant changes and additions to the standards, the commission requires all companies to review the latest version of CSA Z662-15 and take the necessary steps to ensure compliance.
For further information, please refer to CSA Z662-15 Oil and Gas Pipeline Systems. This information can be found through the CSA website.
Quick guide to incident investigation and reporting for employers is now available
WorkSafeBC has created a downloadable guide to assist you in filling out the four-part employer incident investigations report in conjunction with the requirements of the Workers Compensation Act, Part 3 Division 10, and the interim policies D10-175-1 and D10-176-1.
You can get more resources on this topic online.
WHMIS 2015 — New Hazardous Products Regulations Requirements
The Workplace Hazardous Materials Information System (WHMIS) 2015 requirements are laid out in the amended Hazardous Product Act (HPA) and the new Hazardous Products Regulations (HPR). Please refer to the link WHMIS 2015 - Orientation to see where specific topics are referenced. This section provides information on some of the key regulatory changes to WHMIS 1988 as a result of the coming-into-force of the modifications to the HPA and the coming-into-force of the new HPR. Additional technical guidance is expected to be added throughout 2015.
You can get more information on this here.

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Mark your calendars

International Conference & Exhibition on Clean Energy
September 14-16, 2015 - Ottawa, ON
More information
Deloitte BLG AON Cyber risk survival seminar for executives and general counsel: strategies, legalities and insurance
September 15, 2015 – Calgary, AB
More information
Oil sands trade show & conference 2015
September 15-16, 2015
More information
CSSE Annual Conference 2015
September 20-23, 2015 – Ottawa, ON
More information
CEEC Energy curve global review
September 24, 2015 – Vancouver, BC
More information
Deloitte 360 ° - Calgary edition
September 30, 2015 – Calgary, AB
More information
Energy Risk Canada
September 30, 2015 – Calgary, AB
More information
Registration deadline for C-suite energy executive awards 2016
October 9, 2015
More information
2015 international LNG in BC Conference
October 14-16, 2015 - Vancouver, BC
More information
Deloitte 360 ° - Winnipeg edition
October 15, 2015 – Winnipeg, MB
More information
Deloitte 360 ° - Edmonton edition
October 20, 2015 – Edmonton, AB
More information
2015 North American women in energy forum & reception
October 28, 2015
More information

Deloitte 360 ° to have sessions on Operations Excellence

September 30, 2015 - Calgary
At the Calgary edition of Deloitte 360°, Deloitte’s Operational Excellence team will showcase their expertise relating to the energy and resource industry. Participants who select the operations excellence track will partake in the following sessions:
  • Regulatory and safety compliance – Explore a deeper understanding and more effective use of your management systems to create a true compliance culture.
  • Applied operations management systems - This joint session with Syngenta, a leading global agribusiness that produces agrochemicals and seeds, will demonstrate through a real life example how implementing operations management systems creates value in profitability, reliability, and quality.
  • Changing the game in the field - There is an inherent risk to productivity and the bottom line when companies change processes, implement new systems or require employees in the field to change behaviors.
To know more about this and register, visit our Deloitte 360 Calgary edition page.

Worth revisiting

The summer 2014 edition of BCCPA’s Industry Update examines the LNG industry in BC. It’s worth a re-read as it profiles the economic potential of the LNG industry in BC, the global LNG market, the infrastructure, challenges and the impact this has on CPAs and the BC economy.

What we do @VisserDeloitte

Regulatory | Safety | Environment | Pipeline | Land | Waste | Emergency Response
Companies in the energy sector must comply with a wide range of safety and environmental regulations. To reduce your risk and ensure compliance, you need people with experience. Our safety and regulatory compliance professionals, with their long track record of serving energy companies in Western Canada, can help you navigate the complexities of regulatory requirements, so you can maintain focus on your top priority: managing your business. Our regulatory, safety and environmental services include the following:
Emergency management services
Pipeline systems management
Surface land solutions
Safety solutions
On-site safety program
Waste management
Contractor verification
Regulatory and environmental compliance
Learn more about how VisserDeloitte provides practical solutions for energy companies.
For more information on VisserDeloitte’s Regulatory, Safety and Environment services, please contact:
Ron Visser
Partner
ronvisser@deloitte.ca
403-930-3605
   
Garry Visser
Partner
gavisser@deloitte.ca
403-930-3600
   
Kevin Visser
Partner
kevisser@deloitte.ca
403-930-3604
   
Craig Trail
Partner
ctrail@deloitte.ca
403-503-1385
   
Candace Quesnel
Director
caquesnel@deloitte.ca
403-930-3609
   
Mark Hudson
Partner
markhudson@deloitte.ca
403-930-3603
You can also reach us at:
700, 850-2 Street SW
Calgary AB T2P 0R8
403-267-1700
compliance@deloitte.ca

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