By Canadian Press

Supported By Alberta

Canada invokes pipeline treaty with U.S. in dispute over Line 5 pipeline

Oct 5, 2021 | 9:36 AM

OTTAWA — Canada is formally invoking a 1977 pipeline treaty with the United States in a bid to prevent Michigan from turning off the taps to Enbridge’s Line 5 pipeline.

The dispute stems from a nearly year-old decision by Michigan Gov. Gretchen Whitmer to revoke a 1953 easement to allow the pipeline to cross the Straits of Mackinac connecting Lake Michigan and Lake Huron.

Whitmer cited environmental concerns about the impact a breach from the aging pipeline would have in the area and gave Enbridge six months to close it.

A U.S. federal court ordered the two sides to negotiate, but Michigan stopped participating in those talks in early September.

Canada’s lawyer Gordon Giffin says in a letter to a Michigan judge Monday that further proceedings in the case should be halted because Canada is invoking the dispute mechanism of the pipeline transit treaty.

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The treaty is meant to prevent either country from unilaterally preventing or disrupting the transport of fossil fuels through pipelines that cross the U.S.-Canada border.

Meantime, Premier Jason Kenney and Minister of Energy Sonya Savage issued the following statement on the federal government invoking the dispute settlement provision of the 1977 Transit Pipelines Treaty:

“Alberta stands firmly behind Canada formally invoking the dispute settlement provision of the 1977 Transit Pipelines Treaty to ensure Line 5 remains operational. We previously voiced our support for this strong action and we are pleased the federal government has listened and followed through.

“The shutdown of a safely operating pipeline could potentially set a dangerous precedent for future infrastructure projects. This cannot be allowed to happen. As we continue to manage the devastating impact of the COVID-19 global recession, it’s more important now than ever that Canada and the U.S. work together to support a continental energy strategy.”

Jason Kenney, Premier

“The continued operation of Line 5 is non-negotiable because it is a major piece of North America’s integrated energy system. The pipeline route, which has been operating safely for more than 68 years at the Straits of Mackinac, has been moving Canadian light crude and natural gas liquids to refineries in Sarnia, Ont.

“More importantly, thousands of families and businesses on both sides of the border rely on Line 5. It supplies energy to heat homes in Michigan’s Upper Peninsula, while also providing neighbouring states, Ontario and Quebec with reliable, safe energy.”

Sonya Savage, Minister of Energy

This report by The Canadian Press was first published Oct. 4, 2021.

Mia Rabson, The Canadian Press

(With files from rdnewsNOW)