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CALGARY — Canada said it’s in discussions with the United States to keep open Enbridge Inc.’s Line 5 pipeline, which traverses Michigan en route to Ontario, on the eve of a May 12 shutdown deadline.

In a legal brief filed Tuesday with a U.S. district court, the Canadian federal government references the 1977 Transit Pipelines Treaty between Canada and the U.S. and argues that the treaty should be respected and allow both sides to negotiate before the pipeline is shut down on Wednesday, as ordered by Michigan Governor Gretchen Whitmer. The treaty prevents governments on either side of the border from impeding the flow of oil products on cross border pipelines unless it is done so for safety or construction maintenance reasons.

“Canada has initiated discussions with the United States to resolve this matter without a pipeline shutdown. This Court should prevent Michigan’s shutdown order from taking effect while Treaty related discussions between Canada and the United States are ongoing,” the brief said.

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Natural Resources Minister Seamus O’Regan said in a release Tuesday that Ottawa worked on the brief together with the governments of Alberta, Saskatchewan, Ontario and Quebec. The document argues for the continued mediation between Enbridge and Michigan and notes that the U.S. federal court is the appropriate jurisdiction to hear the case.

“Line 5 does not just affect one province or one region — it supports our entire country,” O’Regan said, adding that jobs in Canada and the U.S. are supported by the pipeline.

“Line 5 is a vital piece of infrastructure for Canada and the United States and has safely operated at the Straits of Mackinac for 68 years,” O’Regan said. “It remains the safest, most efficient way to transport fuel to refineries and markets and is a reliable source of energy for Michigan, Ohio, Pennsylvania, Ontario and Quebec. The pipeline is as important to Canada as it is to the U.S.”

More to come

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