Jurisdiction over the Coastal GasLink Pipeline Project

Project and Jurisdictional Application Description

On July 30, 2018, the National Energy Board (Board) received an application from Mr. Michael Sawyer, requesting that the Board:

1. pursuant to subsection 12(1) of the National Energy Board Act (NEB Act), determine and issue a declaratory order that the Project is properly within federal jurisdiction and subject to regulation by the Board;
2. pursuant to section 57 of the Federal Courts Act, issue a Notice of Constitutional Question in respect of the requested declaratory order; and
3. in the alternative, refer the question of jurisdiction over the Project to the Federal Court of Appeal pursuant to subsection 18.3(1) and section 28 of the Federal Courts Act.

The proposed Project is an approximately 670-kilometre-long, 48-inch diameter natural gas pipeline located wholly within the Province of British Columbia (BC). It would connect to a proposed liquefied natural gas (LNG) facility near Kitimat (LNG Terminal) from which LNG would be exported. The Project was authorized and is currently regulated by the British Columbia Oil and Gas Commission (BCOGC). The Project, proposed by Coastal GasLink, has not yet been constructed.

For more information, please visit the BC Oil and Gas Commission webpage regarding this project.

Summary of steps and deadlines

Date/deadline	Event / step
28 January 2019	Additional written evidence of CGL
15 February 2019	Additional written of Intervenors
26 February 2019	All participants may file information request to other participants who submitted evidence.
12 March 2019	All participants must respond to information requests addressed to them
19 March 2019	Written reply evidence of CGL
2 – 3 May 2019	Final oral argument and reply of CGL and intervenors

Key Milestones

• April 12, 2019 – NEB issues Procedural Direction #4 outlining the schedule for the oral hearing [Filing A98805]
• January 31, 2019 – NEB Letter Procedural Direction No. 1 – Final Argument and Reply [Filing A97750]
• December 21, 2018 – Request for Extensions to Hearing Schedule [Filing A96929]
• December 11, 2018 – NEB to consider jurisdiction over the Coastal GasLink Pipeline Project
• October 22, 2018 – NEB issues letter to Attorneys General – Notice of Constitutional Question – Jurisdiction over the Coastal GasLink Pipeline [Filing A95032]
• October 22, 2018: – NEB issues letter to Michael Sawyer regarding jurisdiction over the Coastal GasLink Pipeline [Filing A95030]

News Releases

• July 26, 2019 – Coastal GasLink Pipeline Project does not fall within federal jurisdiction