Court Challenges to National Energy Board or Governor in Council Decisions

Press Releases

The NEB operates within a system of checks and balances. Our decisions are subject to independent and impartial judicial oversight, generally through the Federal Court of Appeal and Supreme Court of Canada, and the Board is bound to act in accordance with the court’s decisions.

As part of our commitment to transparency, we share information about challenges to the NEB’s decisions and recommendations to the Governor in Council in the database below. The purpose is to provide Canadians with up-to-date information about the status of these legal challenges, regardless of the outcome.

The following information includes the status of litigation, appeals, and judicial reviews related to NEB or Governor in Council decisions, dating back to January 2014. At this time, the database does not include pre-2014 decisions. Where possible, the database provides a link to an external third-party controlled website, such as the Court database or an online version of the decision. It does not include civil claims or judicial reviews of administrative decisions. The database is searchable by project name, parties or filing date.

Recent Court Challenges

Trans Canada Energy East Project – Motion for an Interlocutory Injunction – Centre québécois du droit de l’environnement et al v Office National de L’énergie et le Procureur Général du Canada et Oléoduc Énergie Est Ltée – French only, February 16, 2015, Docket T-167-15
TMX Expansion Project – Leave to appeal Ruling 34 for Charter reasons – Lynne M. Quarmby et al v. NEB, AG (Canada), Trans Mountain Pipeline ULC and CAPP, January 23, 2015, Docket 14-A-62
TMX Expansion Project – Temporary injunction application – Burnaby v. Trans Mountain Pipeline UCL and NEB, November 27, 2014, CA042220.
TMX Expansion Project – S. 7 Charter Challenge – L.D. Danny Harvey v. NEB and Trans Mountain Pipeline ULC , October 24, 2014, Docket 14-A-59
TMX Expansion Project – Challenge to not including up/downstream effects – Vancouver v. NEB and Trans Mountain Pipeline ULC, October 16, 2014, Docket 14-A-55

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