Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Northern British Columbia (SI/81-22)

101. Where Foothills prepares construction schedules for the pipeline, Foothills shall prepare the schedules in such a manner that when the construction of the pipeline is carried out any adverse impact on the fish in any fish habitat and during the periods of time in respect of that habitat set out in the list referred to in subsection 100(1) is minimized to the satisfaction of the designated officer.

102. Where the pipeline or any facility is

• (a) scheduled to be constructed at a time, or

• (b) located at a place

that may be disruptive to significant fish populations, Foothills shall take such measures as are satisfactory to the designated officer to avoid or minimize, to the satisfaction of the designated officer, any adverse environmental effects on significant fish populations and fish habitat.

103. Foothills shall implement construction and operation practices to protect, to the satisfaction of the designated officer, significant fish populations and fish habitat against any adverse effect of any siltation, excavation of granular materials, spills of fuel or toxic chemicals, changes in water temperature and chemistry or reduction in dissolved oxygen in the water in any waterbody through which the pipeline passes.

104. Foothills shall not, during the construction of the pipeline, unless permitted by the designated officer,

• (a) obstruct fish migration routes during any period set out in the list referred to in subsection 100(1) by any blockage, diversion or prolonged acceleration of water flow; or

• (b) during such period, withdraw water from overwintering areas or from groundwater directly replenishing those areas.

105. Where Foothills places a culvert in a waterbody frequented by fish populations, Foothills shall take such measures as are satisfactory to the designated officer to allow the passage of fish populations through the culvert during any period set out in the list referred to in subsection 100(1).

106. Foothills shall take measures satisfactory to the designated officer to prevent the construction and operation of the pipeline from unreasonably interfering with any domestic, commercial or sport fishing or adversely affecting any fishing area in any area through which the pipeline passes.

• 107. (1) When requested by the designated officer, Foothills shall, in a manner satisfactory to him, monitor fish movements and fish habitat utilization during the construction of the pipeline.

• (2) Foothills shall, in carrying out the monitoring referred to in subsection (1), evaluate the effectiveness of

  • (a) the construction schedule referred to in section 101,

  • (b) the measures referred to in sections 102, 105 and 106, and

  • (c) the practices referred to in section 103

  and shall, when requested by the designated officer, report to the designated officer in a manner satisfactory to him the results of the evaluation and of the monitoring referred to in subsection (1).