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ARTICLE · 11 AUGUST 2017

SCC Finds NEB Has Mandate To Consult

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The SCC decisions arose from two decisions of the NEB. The first was a decision granting authorizations to TGS-NOPEC Geophysical Company ("TGS") to conduct an offshore seismic survey...

CanadaGovernment, Public Sector
Kerry Kaukinen
Kerry Kaukinen
Hannah Roskey
Hannah Roskey
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Introduction

On July 26, 2017 the Supreme Court of Canada ("SCC") released its decisions in two companion cases: Clyde River (Hamlet) v. Petroleum Geo-Services Inc., 2017 SCC 40 ("Clyde River") and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., 2017 SCC 41 ("Chippewas of the Thames"). The SCC found that the National Energy Board ("NEB") has a legislative mandate to engage in Haida consultation and that consultation undertaken by the NEB can be relied on to completely or partially fulfill the Crown's duty to consult.

Background

The SCC decisions arose from two decisions of the NEB. The first was a decision granting authorizations to TGS-NOPEC Geophysical Company ("TGS") to conduct an offshore seismic survey program in Baffin Bay and the Davis Straight. The second was a decision approving an application by Enbridge, under section 58 of the NEB Act, to reverse the direction of the flow of oil in a pipeline located between North Westover

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