Question Period Note: Alberta's NAFTA Claim over Cancellation of Keystone XL pipeline

Alberta's filing of a claim under NAFTA against the U.S. over the cancellation of the U.S. presidential permit for the Keystone XL pipeline

• The Government of Canada does not become involved in an investor's decision to launch an ISDS dispute and would not be a party to the dispute.
• NAFTA's investor-state dispute settlement (ISDS) mechanism continues to apply for 3 years after termination of the Agreement for investments made while NAFTA was in force (up to July 1, 2020), in accordance with the Legacy Investment Claims Annex of CUSMA.

• As is often the case in ISDS disputes, a respondent party could raise jurisdictional arguments in relation to the applicability of the Legacy Investment Claims Annex to an investor and/or its investment.
• A tribunal would have to decide these issues based on the facts of a given case.

No background material was provided.

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