Canada’s Federal Court of Appeal has sent the National Energy Board’s decision regarding the provincially approved TransCanada’s Prince Rupert Gas Transmission pipeline proposal back for re-determination.
The 900-kilometre PRGT pipeline would move gas from northeastern BC to the proposed Pacific NorthWest LNG export terminal near Prince Rupert.
The appeal court ruled that the board made a legal mistake when it dismissed Smithers BC resident Mike Sawyer’s request that the NEB hold a full hearing to determine if the PRGT project is actually in federal jurisdiction and needs to have NEB approval.
The Court ruled that the NEB made “significant constitutional law errors in dismissing Sawyer’s application,” SkeenaWild Conservation Trust that funded the appeal, said.
It was said the board merely looked at the location of the pipeline within BC and failed to consider that the entire purpose of the pipeline is to move gas for export.
TransCanada has 60 days to apply to the Supreme Court of Canada for permission to appeal the Federal Court of Appeal decision. Apart from that, the constitutional issue will go back to the National Energy Board for a full hearing to determine if PRGT is in federal jurisdiction and would require a federal environmental assessment and approval.
Apart from that, the constitutional issue will go back to the National Energy Board for a full hearing to determine if PRGT is in federal jurisdiction and would require a federal environmental assessment and approval.