Do domestic buyers have a right of first refusal?
The requirement to provide FMA does not oblige an applicant to carry out any specific procedure such as allowing interception of its proposed exports[3]. Rather it is the existence of an equal opportunity and an onus on both parties to negotiate in good faith that are the essential elements of FMA. [3] See Board decision [Folder 94300] regarding 27 August 1991 application by The Manitoba Hydro Electric Board available on the Board’s website.