Energy
Appeal from decision by National Energy Board declining to declare Mackenzie Gathering System (MGS), when constructed, subject to National Energy Board Act (NEB Act), R.S.C., 1985, c. N-7, Part IV — Construction approvals obtained under Canada Oil and Gas Operations Act (COGO Act), R.S.C., 1985, c. O-7, legislation applying to projects entirely within Northwest Territories — Proceedings arising in context of development of Mackenzie Valley Pipeline, portion of larger project known as Mackenzie Gas Project — Appellants relying on Westcoast Energy Inc. v. Canada (National Energy Board), [1998] 1 S.C.R. 322 wherein S.C.C. found gas processing plant situated in B.C. part of single federal undertaking, interprovincial pipeline — NEB Act, COGO Act cannot both apply to project at same time — Project governed by one or other — Subject to local or to interprovincial regulatory scheme for all purposes — Arguments based upon Westcoast Energy irrelevant — Appeal dismissed.
Anadarko Canada Corp. v. National Energy Board (A-420-06, 2008 FCA 146, Pelletier J.A., judgment dated 22/4/08, 10 pp.)