On Wednesday, Aug. 28, the National Energy Board (NEB) became the Canada Energy Regulator (CER). For further information please visit our Implementing the Canadian Energy Regulator Act information page

Court Challenges to Canada Energy Regulator or Governor in Council Decisions

The CER operates within a system of checks and balances. Our decisions are subject to independent and impartial judicial oversight, generally through the Federal Court of Appeal and Supreme Court of Canada, and the CER is bound to act in accordance with the court’s decisions.

As part of our commitment to transparency, we share information about challenges to the CER’s decisions and recommendations to the Governor in Council in the database below. Challenges to previous National Energy Board decisions and recommendations are also included. The purpose is to provide Canadians with up-to-date information about the status of these legal challenges, regardless of the outcome.

The following information includes the status of litigation, appeals, and judicial reviews related to the CER or Governor in Council decisions. Where possible, the database provides a link to an external third-party controlled website, such as the Court database or an online version of the decision. It does not include civil claims or judicial reviews of administrative decisions. The database is searchable by project name, parties or filing date.

Project Name Description of Challenge Parties Court Filing Date Court and Docket Number Summary
Manitoba-Minnesota Transmission Project (EH-001-2017) [Folder 3116766] Application to judicially review the OIC PC 2019-784 approving the issuance of Certificate EC-059. Roseau River Anishinabe First Nation v. Attorney General of Canada, National Energy Board and Manitoba Hydro 2019-07-12 Federal Court
T-1141-19
The Applicant applied to judicially review the GIC’s Order in Council and the certificate. Issues raised include consultation and participant funding.
Manitoba-Minnesota Transmission Project (EH-001-2017) [Folder 3116766] Application to judicially review the OIC PC 2019-784 approving the issuance of Certificate EC-059. Long Plain First Nation v. Attorney General of Canada, National Energy Board and Manitoba Hydro 2019-07-15 Federal Court
T-1150-19
The Applicant applied to judicially review the GIC’s Order in Council and the certificate. Issues raised include consultation and participant funding.
Manitoba-Minnesota Transmission Project (EH-001-2017) [Folder 3116766] Application to judicially review the OIC PC 2019-784 approving the issuance of Certificate EC-059. Chief Jim Major et al v. Attorney General of Canada, National Energy Board and Manitoba Hydro 2019-07-15 Federal Court of Appeal
A-264-19
The Applicant applied to judicially review the GIC’s Order in Council and the certificate. Issues raised include inadequate consultation and participant funding.
Manitoba-Minnesota Transmission Project (EH-001-2017) [Folder 3116766] Application to judicially review the OIC PC 2019-784 approving the issuance of Certificate EC-059. Peguis First Nation v. Attorney General of Canada and Manitoba Hydro 2019-07-15 Federal Court
T-1147-19
The Applicant applied to judicially review the GIC’s Order in Council and the certificate. Issues raised include inadequate consultation and participant funding.
Trans Mountain Detailed Route Hearing – City of Burnaby – Segment 7 (MH-033-2017) [Folder 3324466] Application to judicially review the Board’s decision [Filing A91505] dated 26 April 2018 approving the route. City of Burnaby v. Trans Mountain Pipeline ULC and Canada Energy Regulator 2018-05-24 Federal Court of Appeal
A-152-18
The applicant applied to judicially review the Board’s decision to approve the route and construction methods. Issues raised include weighing of evidence and reasonableness of findings and determinations.

The applicant filed a Notice of Discontinuance on 17 September 2019.
Quebec-New Hampshire Interconnection
[Folder 3119846]
Application to judicially review the Board’s decision to issue Permit EP-303 and grant a variance to Certificate EC-III-021, approving the Project [Filing A90412] Conseil des Innus de Pessamit v. National Energy Board, Attorney General of Canada, Hydro-Quebec 2018-04-04 Federal Court of Appeal
A-110-18
The applicant applied to judicially review the Board’s decision to approve the Project. Issues raised include the duty to consult and the assessment of environmental effects of exporting electricity.
TCPL Mainline operations and maintenance activity Statement of Claim Aroland First Nation and Ginoogaming First Nation v. National Energy Board, TransCanada PipeLines Limited and Attorney General of Canada 2017-01-05 Ont. Ct of Justice
CV-17-567115
The applicants seek, among other things, injunctive and declaratory relief and damages for alleged breach of constitutional obligations to consult and accommodate related to TCPL’s plans to conduct integrity digs and other work in NW Ontario.

The Ontario Superior Court dismissed the plaintiffs’ partial summary judgment motion on 30 July 2018. The Court concluded that the motion cannot be fairly and justly decided using the summary judgment process and would require a full trial.

Trans Mountain Expansion Project Reconsideration

On 30 August 2018, the Federal Court of Appeal quashed Order in Council P.C. 2016-1069 and remitted the matter back to Governor in Council for prompt redetermination.

On 22 February 2019, the Board delivered its report regarding the Trans Mountain Expansion (TMX) Project – Reconsideration (MH-052-2018) [Folder 3614457]recommending approval.

Twelve applicants applied individually for leave to judicially review GIC’s Order in Council PC 2019-0820, to re-issue approval of the Trans Mountain Expansion Project. The FCA granted 6 of the leave applications and dismissed 6 others. See 2019 FCA 224. Leave was limited to only the issue of the sufficiency of Crown consultation. The six applicants filed their Notice of Application on 11 September 2019. These applications have been consolidated under Docket Number A-321-19.

Parties Court Filing Date Court Number – Federal Court of Appeal Summary
Raincoast Conservation Foundation et al. v. AGC and Trans Mountain Pipeline ULC 2019-07-08 19-A-35 Issues raised include SARA and protection for Southern Resident Killer Whales. Dismissed.
Chief Ron Ignace, Stk'emlupsemc Te Secwepemc Nation  et al v. AGC and Trans Mountain Pipeline ULC 2019-07-08 A-321-19
(Main file)
Issues raised include the Crown’s duty to consult and accommodate and conflict of interest of the Crown. Granted on Crown consultation only.
Squamish Nation  v. AGC and Trans Mountain Pipeline ULC 2019-07-08 A-325-19 Issues raised include the Crown’s duty to consult and accommodate. Granted on Crown consultation only.
Coldwater Indian Band v. AGC and Trans Mountain Pipeline ULC 2019-07-08 A-324-19 Issues raised include the Crown’s duty to consult and accommodate and impacts on the community aquifer.Granted on Crown consultation only.
Federation of BC Naturalists v. AGC and Trans Mountain Pipeline ULC 2019-07-08 19-A-39 Issues raised include compliance with section 79(2) of SARA, CEAA 2012 and NEB Act, and breach of procedural fairness and natural justice. Dismissed.
Tsleil-Waututh Nation v. AGC and Trans Mountain Pipeline ULC 2019-07-08 A-326-19 Issues raised include the Crown’s duty to consult and accommodate and scope of the reconsideration. Granted on Crown consultation only.
Stz’uminus First Nation v. AGC and Trans Mountain Pipeline ULC 2019-07-08 19-A-41 Issues raised include the Crown’s duty to consult and accommodate. Dismissed.
Aitchelitz, Skowkale, Shxwha:y Village et al v. AGC and Trans Mountain Pipeline ULC 2019-07-08 A-327-19 Issues raised include the Crown’s duty to consult and accommodate and conflict of interest of the Crown. Granted on Crown consultation only.
City of Vancouver v. AGC and Trans Mountain Pipeline ULC 2019-07-08 19-A-44 Issues raised include adverse effects of Project related to GHG, CEAA, effects of a marine spill and the 12 nautical mile territorial limit and the EEZ. Dismissed.
Shxw’owhamel First Nation v. AGC and Trans Mountain Pipeline ULC 2019-07-08 19-A-45 Issues raised include the Crown’s duty to consult and accommodate and conflict of interest of the Crown. Dismissed.
Olivier Adkin-Kaya et al. v. AGC and Trans Mountain Pipeline ULC 2019-07-09 19-A-46 Issues raised include impacts on the youth, contribution of the Project to climate change and CEAA and NEB Act. Dismissed.
Upper Nicola Band v. AGC and Trans Mountain Pipeline ULC 2019-07-16 A-323-19 Issues raised include the Crown’s duty to consult and accommodate. Granted on Crown consultation only.

 

Court Challenges to National Energy Board or Governor in Council Decisions Archive

Date modified: