by Matthew T. Ghikas of Fasken Martineau
The construction of a significant capital project by a public utility,2 such as a transmission line, generating facility, or pipeline, will generally require the proponent to obtain a Certificate of Public Convenience and Necessity (“CPCN”) from the British Columbia Utilities Commission (the “Commission”) (in the case of a project wholly within British Columbia) or the National Energy Board (“NEB” or the “Board”) (in the case of a project that, for example, has a multi-jurisdictional dimension). First Nations affected by these projects, like any other affected party, have the right to intervene in CPCN proceedings. Frequently proponents of these projects must also obtain approvals through environmental assessment processes under either the British Columbia Environmental Assessment Act or the Canadian Environmental Assessment Act. More Info...
