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Pipeline Jurisdiction in Canada: The Case of NOVA Gas Transmission Ltd.

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Author
Kennett, Steven A.
Accessioned
2009-05-06T20:18:34Z
Available
2009-05-06T20:18:34Z
Issued
1996
Type
working paper
Metadata
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Abstract
Current uncertainty regarding pipeline jurisdiction in Canada has significant regulatory implications. The predictability and stability of the legal regime governing Canada's pipeline system is of critical importance to the energy industry, regulatory agencies, governments, and others with an interest in energy matters. There are increasing indications, however, of unpredictability and potential instability in this area. Ongoing litigation indicates that important jurisdictional issues remain unresolved in the minds of industry and regulatory authorities. This paper proposes a new interpretation of the relevant constitutional provisions. While the specific focus is NOVA Gas Transmission Ltd., the analysis has implications for pipeline regulation throughout Canada. The suggested approach would significantly increase jurisdictional certainty. It renders intelligible an otherwise confusing body of case law and provides a clear basis for predicting outcomes in new cases.
Refereed
No
Sponsorship
This paper presents the results of a study of pipeline jurisdiction that was funded by the Alberta Law Foundation.
Citation
Steven A. Kennett, Pipeline Jurisdiction in Canada: The Case of NOVA Gas Transmission Ltd. , Occasional Paper No. 1 (Calgary: Canadian Institute of Resources Law, 1996)
Corporate
University of Calgary
Faculty
Law
Url
http://www.cirl.ca
Publisher
Canadian Institute of Resources Law
Doi
http://dx.doi.org/10.11575/PRISM/34305
Uri
http://hdl.handle.net/1880/47211
Collections
  • Canadian Institute of Resources Law

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