This case was heard in the Federal Court of Appeal.

The Union of Nova Scotia Indians (“UNSI”) sought leave to apply for judicial review of a decision that had been made under the authority of the National Energy Board Act. The respondents, Maritimes and Northeast Pipeline Management Ltd. (“MNPM”) and Maritimes and Northeast Pipeline Partnership (“MNPP”), argued that the UNSI had no standing to bring an application for judicial review.

Under the National Energy Board Act, parties in proceedings before the National Energy Board (“NEB”) are required to challenge decisions by way of appeal. UNSI were not parties in the proceedings at issue, and MNPM and MNPP argued that if the Court were to allow UNSI to challenge the NEB’s decision by way of judicial review, the UNSI would be enjoying “a broader right of review and array of remedies” than those enjoyed by actual parties to the proceedings.

After reviewing the relevant law and legal principles, the Court held that non-parties to NEB proceedings could apply for judicial review if they were parties who had been aggrieved by an NEB decision. The Court therefore allowed the UNSI to proceed with its application for judicial review.

To read about another decision related to this case, go to Union of Nova Scotia Indians v. Maritimes and Northeast Pipeline Management Ltd., 1999 CanLII 8932 (FCA).

View the Decision on CanLII: https://www.canlii.org/en/ca/fca/doc/1999/1999canlii7556/1999canlii7556.html

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