Canadian Hunter Exploration Ltd. v. Canada ( National Energy Board )
A-908-96
Rothstein J.A.
17/3/99
6 pp.
Appeal from decision of National Energy Board that it had jurisdiction over certain natural gas gathering system facilities between natural gas wells and central tie-in point, within Province of British Columbia-Appellant conceding West Hamburg pipeline under federal jurisdiction as constructed between two provinces, carries natural gas between two provinces-Whether gathering system, central tie-in facilities within British Columbia also under federal jurisdiction-In Westcoast Energy Inc. v. Canada (National Energy Board), [1998] 1 S.C.R. 322, S.C.C. indicated how facilities such as gathering, tie-in facilities may come under federal jurisdiction-Court now in difficult position of having to infer from record degree of functional integration between gathering, tie-in facilities on one hand, interprovincial West Hamburg pipeline on other-Facilities in question owned, operated by producers of natural gas-West Hamburg pipeline incidental to production of natural gas-Circumstances different from those in Westcoast-Gathering, central tie-in facilities in British Columbia not part of single interprovincial undertaking merely because physically connected to interprovincial West Hamburg pipeline between tie-in facility in British Columbia, Nova transmission pipeline in Alberta-Primary undertaking provincial: production of natural gas by gas producers-Interprovincial West Hamburg pipeline clearly secondary-Where undertaking overwhelmingly provincial, portions of it do not become federal merely because of some connection to federal undertaking-Appeal allowed-National Energy Board's jurisdiction limited to West Hamburg pipeline, not extending to gathering, central tie-in facilities located solely within British Columbia.