Where, in the opinion of the designated officer, the measures or practices referred to in section 78, 79, 81 or 82 are ineffective, Foothills shall take such remedial measures as are satisfactory to the designated officer.

Special Interest Areas

  •  (1) Foothills shall, in consultation with the government of the Province, identify each area of natural or cultural significance in the vicinity of the proposed route of the pipeline and shall propose a location of the pipeline that, insofar as possible, does not pass through that area.

  • (2) Where the location referred to in subsection (1) of the pipeline is in an area identified under that subsection and the location of the pipeline has been approved by the designated officer, Foothills shall take such measures as are satisfactory to the designated officer to protect the natural and cultural values of that area.

 Foothills shall take such measures as are satisfactory to the designated officer to minimize the adverse impact of the construction of the pipeline within 2 km of the limits of any park, wildlife or game sanctuary, ecological reserve, International Biological Program site, historical or archaeological site or research, conservation or recreation site proposed or established under any law of Canada or of the Province.

 Foothills shall obtain the approval of the designated officer before commencing the construction of any portion of the pipeline within 30 m of a monument, archaeological site or burial ground.

 Foothills shall establish and conduct an archaeological program satisfactory to the designated officer to

  • (a) identify, investigate and protect or excavate archaeological sites, and

  • (b) analyze archaeological and associated palaeoecological materials

on land used for or disturbed by the construction of the pipeline.

 Foothills shall, at any time at the request of the designated officer and at the termination of the archaeological program referred to in section 88, submit to the designated officer a report satisfactory to the designated officer of the results of that program.

 Foothills shall provide, when requested by the designated officer, evidence satisfactory to the designated officer that any archaeological and related materials, field notes, plans and maps, photographs, analyses and other relevant documents collected during the archaeological program referred to in section 88 are retained at a place and under such arrangements as are approved by the government of the Province.

 Foothills shall immediately report any discovery of a historical or archaeological site to the designated officer and shall not disturb the site without his prior approval.

  •  (1) In constructing the pipeline, Foothills shall avoid, where practicable, disturbance of geodetic or legal survey monuments.

  • (2) Where a geodetic monument is disturbed in the course of the construction of the pipeline, Foothills shall report such disturbance forthwith to the designated officer.

  • (3) Where a geodetic monument is disturbed, Foothills shall, at its expense and in accordance with the instructions of the Dominion Geodesist, cause the monument to be restored or re-established.