2016 was a busy year from some of the energy regulators. The National Energy Board was moving two pipeline projects forward with approvals of the Trans Mountain expansion and Enbridge’s Line 3, both with Federal Government approvals following in December 2016. The NEB also approved its first 40 year export license, with two more following later in 2016, and the controversial Energy East hearing kept the NEB engaged with the recusal of the entire Panel on apprehension of bias and suspension of the hearing until a new panel could be appointed.
In 2016, the Supreme Court of Canada weighed in on the standard of review in relation to administrative tribunals and clarified the thorny issues of interjurisdictional immunity and cooperative federalism, issues particularly pertinent in the context of interprovincial pipelines.
The Alberta Utilities Commission, Alberta Energy Regulator and British Columbia Supreme Court also released decisions in 2016, covering a multitude of issues of interest to energy participants. And with that, we highlight below some of the top 10 regulatory decisions of impact from 2016.
The Resource – Blg Energy Law Blog – January 17, 2017.
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