His Excellency the Governor General in Council, on the recommendation of the Minister responsible for the Northern Pipeline Agency, pursuant to subsection 20(4) of the Northern Pipeline ActFootnote ^*, is pleased herby to approve the annexed Order No. NP-MO-12-80 made by the designated officer on August 29, 1980, rescinding in part and adding to the terms and conditions set out or deemed to be set out in Schedule III to the Northern Pipeline Act.

• Return to footnote ^*S.C. 1977-78, c. 20

ORDER NO. NP-MO-12-80

IN THE MATTER OF the Northern Pipeline Act; and

IN THE MATTER OF a Certificate of Public Convenience and Necessity declared to have been issued on the 13th day of April, 1978, to Foothills Pipe Lines (North B.C.) Ltd. pursuant to the said Act; and

IN THE MATTER OF subsection 20(4) of the said Act; and

IN THE MATTER OF Condition 7 of SCHEDULE III to and subsection 21(2) of the said Act;

Agency File No. 5013.

Whereas a Certificate of Public Convenience and Necessity dated the 13th day of April, 1978, is declared to have been issued pursuant to the Northern Pipeline Act to Foothills Pipe Lines (North B.C.) Ltd. [hereinafter called “Foothills (North B.C.)”] in respect of the pipeline defined in the said Act for that portion of the route in the north-eastern area of the Province of British Columbia as more particularly set forth in ANNEX I of SCHEDULE I to the said Act;

And Whereas Foothills Pipe Lines (Yukon) Ltd., The Alberta Gas Trunk Line (Canada) Limited, Westcoast Transmission Company Limited, Alberta Natural Gas Company Ltd. and The Alberta Gas Trunk Line Company Limited, at a public hearing, before the National Energy Board, commencing on the 12th day of April, 1976, in the City of Ottawa, in the Province of Ontario, continued in the Town of Inuvik, in the Northwest Territories, in the City of Whitehorse, in the Yukon Territory, and in the City of Yellowknife, in the Northwest Territories, respectively, and adjourned on the 12th day of May, 1977, in the City of Ottawa, in the Province of Ontario, adduced inter alia certain evidence, gave certain undertakings and made certain commitments in respect of the ‘Alaska Highway Pipeline Project’;

And Whereas subsection 21(2) of the said Act provides that every such undertaking is deemed to be

• “(a) an undertaking of every company insofar as the undertaking relates to the company and to the portion of the route indicated in the Agreement in respect of such company; and

• (b) a term or condition set out in Schedule III.;”

And Whereas pursuant to the provisions of subsection 20(4) of the said Act the Designated Officer may, with the approval of the Governor in Council, rescind, amend or add to the terms and conditions set out in Schedule III to the said Act.

Now Therefore the Designated Officer, Northern Pipeline Agency, pursuant to the provisions of subsection 20(4) of the Northern Pipeline Act, hereby

• (a) rescinds Condition 7 of Schedule III to the Act, insofar as it applies to Foothills (North B.C.);

• (b) rescinds those undertakings in respect of social and economic matters and environmental, fisheries and agricultural concerns deemed, pursuant to the provisions of subsection 21(2) of the Act, to be terms or conditions set out in Schedule III to the Act, insofar as they apply to Foothills (North B.C.), except that undertaking referred to in item 7, under the heading “Compensation”, contained in “APPENDIX 5-2”, on page 9 of 41, Volume 3 of the REASONS FOR DECISION, NORTHERN PIPELINES, dated June, 1977, of the National Energy Board; and

• (c) adds to the terms and conditions set out in Schedule III to the Act the terms and conditions annexed hereto and titled Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Northern British Columbia to be applicable to Foothills (North B.C.).

Dated at the City of Calgary, in the Province of Alberta, this 29th day of August, 1980.