On July 8, 2016, The National Energy Board (NEB) announced that it is suspending its review of a request to extend the Enbridge Northern Gateway Certificates of Public Convenience and Necessity, which were set to expire on December 31, 2016. The NEB is also suspending its review of any filings from Northern Gateway regarding compliance with the 209 conditions attached to the project.
The NEB decisions were made in response to the June 23, 2016 Federal Court of Appeal decision that quashed the Certificates. As mentioned in a previous post, the court found that the federal government failed in its constitutional duty to consult Aboriginal peoples prior to the issuance of the original Certificates. The decision to issue new Certificates has been remitted to the Governor in Council for redetermination.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
