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Federal Court of Appeal decision halts Trans Mountain Expansion Project
August 30, 2018
Earlier today the Federal Court of Appeal released its decision in a case known as Tsleil-Waututh Nation v. National Energy Board. This consolidated appeal was brought by multiple parties who sought to set aside a federal Order in Council dated Nov. 29, 2016 approving construction of the Trans Mountain pipeline expansion project. The Court quashed the Order in Council and remitted the matter to the Cabinet for reconsideration. The order nullifies the Certificate previously issued by the National Energy Board and halts the ongoing regulatory process.

The reasons issued by the court reveal two grounds in support of its decision. The first ground is that the Board failed to fully comply with its statutory obligations when reviewing the project application, specifically in respect of project related shipping. The second was a failure by Canada to fully consult with and accommodate the interests of affected First Nations.

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