ENERGY
Appeal under National Energy Board Act (NEB Act), R.S.C. 1985, c. N-7, s. 101 from Arbitration Committee’s dismissal of compensation claim under Part V of NEB Act for damages suffered from construction of natural gas processing plant, pipeline, related pipeline infrastructure by respondents—Respondents acquiring lands for Sable Offshore Energy Project within area convered by appellant’s holding mineral exploration licence—Arbitration Committee appointed by Minister holding compensation claim beyond its jurisdiction to award damages under s. 97—Committee having authority, obligation to consider own jurisdiction—Under NEB Act, s. 90, “owner of lands” may serve notice of arbitration—Although “owner of lands” not defined, s. 85 stating “owner” used in ss. 86 to 107 meaning any person entitled to compensation under s. 75—“Lands” defined in NEB Act, s. 2—S. 87 notices served on appellant as holder of “mineral rights or claims on land” not as landowner—Appellant not “owner of lands” for purposes of negotiation, arbitration provisions of Act—Appeal dismissed.
Heartland Resources Inc. v. Sable Offshore Energy Inc. (T-955-05, 2007 FC 1044, Hansen J., judgment dated 10/10/07, 28 pp.)