Court Challenges to National Energy Board or Governor in Council Decisions
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
NGTL’s North Montney project – The Saulteau First Nations files leave to appeal application with the Supreme Court of Canada
On 13 October 2015, the Saulteau First nations filed a leave to appeal application with the Supreme Court of Canada, seeking permission to appeal the Federal Court of Appeal’s dismissal of their judicial review application. They raise, among other things, questions about the proper jurisdiction of the project and the test for leave to judicially review.