ENERGY |
Balisky v. Canada (Minister of Natural Resources)
T-54-01
2002 FCT 976, Tremblay-Lamer J.
13/9/02
15 pp.
Judicial review of Minister's refusal, failure to appoint Arbitration Committee or Committees to deal with notices of arbitration served on Minister by applicants with respect to right of entry orders issued to Alliance Pipeline Ltd. by National Energy Board and Minister's request asking Arbitration Committees not to consider issue of controlled area--In order for negotiation and arbitration to apply to determination of compensation in respect of controlled area created by National Energy Board Act, s. 112, controlled area must be characterized as damage caused by pipeline company directly related to either: (i) acquisition of lands for a pipeline; (ii) construction of a pipeline; (iii) inspection, maintenance or repair of pipeline--Adverb "directly", as found in Act, s. 84, not defined in Act--Modern approach to statutory interpretation consisting of reading words in entire context and in grammatical and ordinary sense harmoniously with scheme, object of Act and intention of Parliament-- Dictionary definition considered--In light of definition, use of word "directly" in Act, s. 84 requiring immediate participation of pipeline company--Controlled area established pursuant to Act, s. 112 not related in any direct manner to acquisition of pipeline right-of-way itself--Claim for compensation for acquisition of lands by Alliance Pipeline Ltd. in relation to controlled area too remote to satisfy direct connection prescribed by Act, s. 84--S. 84 specifically requiring negotiation, arbitration procedures will apply to claims against company arising out of activities of company, if activities in question directly related to acquisition of lands for pipeline--Alliance Pipeline Ltd. did not acquire lands in controlled area--Damages alleged by applicants with regard to controlled area result from statutory requirement-- Damages claimed not directly related to activities of Alliance--Application for judicial review dismissed-- National Energy Board Act, R.S.C., 1985, c. N-7, ss. 84 (as am. by S.C. 2001, c. 4, s. 103), 112 (as am. by S.C. 1990, c. 7, s. 28; 1994, c. 10, s. 26; 1999, c. 31, s. 167).