SSC Decision Another Step in Mitigating Hurdles that Frustrate Projects

The Supreme Court of Canada (SCC) recently dismissed an appeal by the Government of British Columbia in a high-stakes decision. BC’s “turn off the taps” bill (i.e., Environmental Management Act) sought to control what was being transported through the province of British Columbia via inter-provincial transportations systems (e.g., pipelines, railways, etc.). In a rare move the SCC unanimously dismissed the appeal on the same day as hearing oral arguments, signaling that the law in this area is well-established.

The practical impact of the court decision for Canada’s pipeline service and supply chain is to address, via a decisive ruling by the highest court in our country, another variable of political and regulatory uncertainty that otherwise confounds our member firms in their efforts to plan for, and respond to project owner construction requirements, for pipeline projects deemed to be in the national interest.

Read more:

Globe and Mail story

Financial Post story

McCarthy Tetrault LLP (need to know briefing)