I don't know the specifics of why it would have been written that way. My understanding of why it remains in place and why we get this bizarre circular logic on why it's in place is that it's more to do with indigenous consent. I think that's a policy decision.
I think there are negotiations and conversations that can be had with nations to get their support where it's necessary, and where it's not necessary, the government will say that this is what is in the national interest and that they're going to build this kind of stuff.
It's a choice to keep it on the books in the way that it's written. My understanding is that the way it's written is one of the factors that informed the choice to take the west coast pipeline and say that we're going south instead because it's holding things up there.