Mr. Speaker, the following reflects a consolidated response approved on behalf of Global Affairs Canada ministers. With respect to part (a), there are currently two “federal cases” in the U.S. federal District Court for Western Michigan in relation to Line 5. The litigants in both cases are Enbridge and the State of Michigan, not the United States Government, nor the Government of Canada. Therefore, Canada is not in a position to comment on timelines regarding when these cases will be heard or when final decisions are expected to be handed down by the presiding judge.
With respect to part (b), on October 4, 2021, in response to the State of Michigan’s November 2020 order to shut down Line 5 in the Straits of Mackinac, Canada invoked article IX(1), the negotiation clause of the dispute settlement mechanism of the 1977 Canada-U.S. Transit Pipelines treaty. Invoking dispute settlement triggers formal negotiations under the treaty with the U.S. We have consistently supported the continued, safe operation of Line 5, and raised it with the U.S. government at every level. Line 5 represents a critical part of Canada’s energy infrastructure and economy.