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ARTICLE · 20 APRIL 2020

Trans Mountain Pipeline Expansion Project Clears Legal Hurdles

Burnet, Duckworth & Palmer LLP
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Originally proposed in late 2013, the Trans Mountain Pipeline Expansion Project (the TMX or the Project) has faced numerous legal and regulatory challenges and delays.

CanadaEnergy and Natural Resources
Paul Chiswell
Paul Chiswell
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Originally proposed in late 2013, the Trans Mountain Pipeline Expansion Project (the TMX or the Project) has faced numerous legal and regulatory challenges and delays. However, two important judgments delivered in early 2020 appear to have settled much of the uncertainty surrounding the future of the Project.

While the ultimate result was expected, the speed with which the Court announced its decision was extraordinary. The comments and questions from certain Supreme Court Justices during the hearing, particularly those of Justices Rowe and Brown, made it clear that federal jurisdiction over interprovincial undertakings remains an unimpeachable core federal power and provinces cannot interfere in their operation.

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