Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia (SI/81-21)

32. Foothills shall not permit the possession by any person employed in the construction of the pipeline of a firearm or game-hunting device

• (a) on any portion of the pipeline right-of-way where construction activity has commenced, or

• (b) at any time in a campsite established by Foothills or on any property, vehicle or aircraft of Foothills

unless authorized, in writing, by the designated officer.

33. Foothills shall ensure the maintenance and availability, for examination at any time by the Agency, of such of its records pertaining to its activities in the Province as may be required by the Agency to determine compliance with this Part.

34. Foothills shall report to the Agency, at such times as may be required by the designated officer, on the measures that have been taken by Foothills in complying with this Part.

• 35. (1) Foothills, when directed by the designated officer, shall undertake special studies of the socio-economic impact of the pipeline.

• (2) Every special study referred to in subsection (1) shall be forwarded to the Agency on its completion.

36. Foothills shall

• (a) establish procedures and allocate resources for the purpose of assessing the effectiveness of its compliance with this Part; and

• (b) on the request of the designated officer, assess the effectiveness of its compliance with this Part and report the assessment to the Agency.

37. Foothills shall be liable for any damage to property directly or indirectly caused by Foothills, a contractor of Foothills or a subcontractor of that contractor in connection with or resulting from its activities in the construction or operation of the pipeline.

38. Where, in the course of construction or operation of the pipeline, any damage is either directly or indirectly caused by Foothills, a contractor of Foothills or a subcontractor of that contractor, to any property, other than the property of Foothills, a contractor of Foothills, or a subcontractor of that contractor, Foothills shall

• (a) immediately take action to prevent further damage;

• (b) immediately inform the owner of the property of the nature of the damage; and

• (c) arrange, as soon as possible, for

  • (i) compensation,

  • (ii) the repair of the damage, or

  • (iii) the replacement of the damaged property.

39. Foothills shall submit to the designated officer, in a manner determined by him, information in respect of any unresolved matter referred to in paragraph 38(c).

40. Where

• (a) Foothills and a claimant against Foothills fail to agree as to liability or compensation for damage for which the claimant alleges Foothills is responsible; and

• (b) the claimant referred to in paragraph (a) agrees with Foothills

  • (i) to enter into an arbitration submission governed by the provision of the Arbitration Act (British Columbia), and

  • (ii) that a decision of the arbitrator is binding and conclusive,

Foothills shall enter into such arbitration submission and shall pay all costs of and incidental to any arbitration proceedings pursuant thereto except where the arbitrator determines that the claim is frivolous.