The NEB made these decisions in response to the June 23, 2016 Federal Court of Appeal decision that quashed the Certificates of Public Convenience and Necessity for the project and sent the matter back to the federal government for redetermination.
In its decision, the Federal Court also dismissed a number of legal challenges to the Joint Review Panel’s 2013 report which recommended that the project be approved.
- Court Challenges to National Energy Board or Governor in Council Decisions
- Federal Court of Appeal Decisions – 2016 FCA 187
- The Northern Gateway Project is a proposal to build and operate two pipelines, one carrying crude oil and the second carrying condensate, and a marine terminal. The pipelines would run 1,178 kilometres between Bruderheim, Alberta and Kitimat, British Columbia, where the marine terminal would be built.
- A Joint Review Panel recommended approval of the project on December 19, 2013. The federal government approved the project on June 17, 2014.
- Enbridge Northern Gateway and the Aboriginal Equity Partners wrote to the NEB on May 6, 2016 asking for an extension to the sunset clause which would give the company more time to begin building the Northern Gateway project.
- The sunset clause was one of 209 conditions attached to each of the company’s Certificates for Public Convenience and Necessity.
The National Energy Board is an independent federal regulator of several parts of Canada’s energy industry with the safety of Canadians and protection of the environment as its top priority. Its purpose is to regulate pipelines, energy development and trade in the Canadian public interest. For more information on the NEB and its mandate, please visit www.neb-one.gc.ca.