Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia (SI/80-128)
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Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia
SI/80-128
Registration 1980-07-23
The Socio-Economic and Environmental Terms and Conditions in Respect of the Certificate of Public Convenience and Necessity Declared to Be Issued under Subsection 20(1) of the
P.C. 1980-1790 1980-07-03
Order No. NP-MO-2-80
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 (South 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. 5014.
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 (South B.C.) Ltd. [hereinafter called “Foothills (South B.C.)”] in respect of the pipeline defined in the said Act for that portion of the route in the south-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 (South 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 (South 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 Southern British Columbia to be applicable to Foothills (South B.C.).
Dated at the City of Calgary, in the Province of Alberta, this 12th day of June, 1980.
Short Title
1 These terms and conditions may be cited as the Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia.
Interpretation
2 (1) In these terms and conditions,
- Act
Act means the Northern Pipeline Act; (Loi)
- agricultural land
agricultural land means any land that is
(a) cleared and used for pasture,
(b) under cultivation, or
(c) part of an agricultural land reserve; (terre agricole)
- agricultural land reserve
agricultural land reserve means a reserve of land established under section 8 of the Agricultural Land Commission Act (British Columbia); (réserve de terres agricoles)
- big game animals
big game animals means big game as defined in the Wildlife Act (British Columbia); (gros gibier)
- borrow pit
borrow pit means a site used for the extraction of granular material and fill and the excavation resulting from such extraction; (ballastière)
- construction
construction means, in respect of the building of the pipeline or any portion thereof, those field activities carried out by Foothills from the commencement of the clearing for the pipeline or any portion thereof until leave to open the pipeline or portion thereof, as the case may be, is granted by the Board but does not include clearing for survey lines by Foothills; (construction)
- environmental impact
environmental impact means any change in the existing physical or biological conditions of the environment resulting from the construction or operation of the pipeline; (répercussions écologiques)
- facility
facility means any fixed installation of a temporary or permanent nature installed by Foothills as a part of the pipeline or that is used by Foothills in the construction or operation of the pipeline; (installations)
- fish
fish means fish as defined in the Fisheries Act; (poisson)
- Foothills
Foothills means Foothills Pipe Lines (South B.C.) Ltd.; (Foothills)
- fuel
fuel means all liquid and gaseous hydrocarbons and petroleum products used in the construction and operation of the pipeline; (carburants)
- fur-bearing animals
fur-bearing animals means fur-bearing animals as defined in the Wildlife Act (British Columbia); (animaux à fourrure)
- grazing reserve
grazing reserve means a grazing reserve established under the Land Act (British Columbia) for the purpose of grazing livestock; (pâturage)
- hazardous material
hazardous material means any chemical, explosive, toxic material or other substance that, if spilled, misused or allowed to escape, may cause damage to the environment; (produits dangereux)
- Indian
Indian means a person who, pursuant to the Indian Act, is registered as an Indian or is entitled to be registered as an Indian; (Indien)
- inspection
inspection means observation and measurement by Foothills to verify that
(a) the construction and operation of the pipeline accord with the designs and specifications of the pipeline, and
(b) these terms and conditions are complied with; (inspection)
- monitoring
monitoring means data gathering, data analysis and interpretation and data presentation to determine magnitudes and characteristics of environmental change; (contrôle)
- operation
operation means any field activity by Foothills relating to the pipeline or any portion of the pipeline for which leave to open has been granted; (exploitation)
- Province
Province means the Province of British Columbia; (province)
- rare and endangered species
rare and endangered species means those animal or plant species that occupy areas or exist in numbers so small that, in the opinion of the designated officer, their existence would likely be threatened by the construction or operation of the pipeline; (espèces rares et menacées)
- waste
waste means discarded or abandoned liquid or solid matter including human waste, garbage, oil drums, petroleum products, ashes and equipment; (déchets)
- waterbodies
waterbodies means lakes and ponds and permanent and intermittent rivers and streams and their beds; (masses d’eau)
- wildlife
wildlife means
(a) all big game animals and fur-bearing animals that are native to the Province,
(b) migratory game birds as defined in the Migratory Birds Convention Act,
(c) all Galliformes native to the Province,
(d) all species of the orders Falconiformes and Strigiformes, and
(e) rare and endangered species of birds, mammals, reptiles and amphibians. (faune)
(2) All other words and expressions have the same meaning as in the Act.
Application
3 These terms and conditions are added to the terms and conditions set out in Schedule III to the Act and shall apply to Foothills but, unless the context otherwise requires, shall only apply to the construction and operation of that portion of the pipeline that extends from a point on the Alberta-British Columbia boundary near Coleman in a south-westerly direction across British Columbia generally parallel to the existing pipeline facilities of Alberta Natural Gas Company Ltd. to a point on the International Boundary Line between Canada and the United States of America at or near Kingsgate in the Province.
General
Compliance With the Law
4 Foothills shall, in the construction and operation of the pipeline, comply with the laws of Canada and the laws of the Province.
5 (1) Subject to subsection (2), Foothills shall, when entering into any contract with a contractor for the construction or operation of the pipeline, require as a condition of such a contract that the contractor or any subcontractor of that contractor observe and comply with these terms and conditions.
(2) Where an application is made by Foothills to the designated officer to exempt Foothills from the requirement referred to in subsection (1) in respect of the observing of or compliance with any provision of Part I, the designated officer may exempt Foothills from that requirement in respect of that provision.
(3) Foothills shall be responsible for any breach of these terms and conditions by a contractor referred to in subsection (1) or any subcontractor of that contractor as if the breach had been committed by Foothills.
Assistance to Designated Officer
6 When requested by the designated officer, Foothills shall give him any reasonable assistance that he may require to carry out his duties in respect of the pipeline and shall furnish him with such information in respect of the construction or operation of the pipeline as he may request.
Access to Right-of-Way of Pipeline
7 Employees or agents of the government of the Province shall, for the purpose of carrying out their duties in respect of the pipeline, be allowed reasonable access to any part of the right-of-way of the pipeline or any other area where the pipeline is being or is to be constructed.
Indemnification
8 Foothills shall, at all times, save harmless and indemnify and keep Her Majesty indemnified against and be responsible for all claims, demands, actions, suits, costs or other legal proceedings made or brought against Her Majesty by reason of or arising out of
(a) the construction or operation of the pipeline;
(b) the escape, ignition or explosion, for any cause, of gas or related hydrocarbons from or in the pipeline on the lands of Her Majesty;
(c) any act or omission on the part of Foothills, its contractors and their subcontractors and its or their officers, servants, agents or employees in respect of or in relation to the pipeline on the lands of Her Majesty, including the construction or operation of the pipeline; and
(d) any act or omission on the part of any officer, servant, agent or employee of Her Majesty in respect of or in relation to the pipeline on the lands of Her Majesty, not including such acts or omissions as would in law constitute gross negligence.
9 Foothills shall, at all times, pay to Her Majesty the amount of any loss or damage that has been suffered or sustained by Her Majesty by reason of or arising out of the matters set out in section 8.
Emergency Measures
10 Foothills shall establish emergency procedures satisfactory to the designated officer to deal with any emergency arising from the construction or operation of the pipeline that may adversely affect the environment or persons who reside in the vicinity of the pipeline.
11 Foothills shall, to the satisfaction of the designated officer, designate and train persons working on the pipeline to carry out the emergency procedures referred to in section 10.
12 Where any emergency arises in the course of the construction or operation of the pipeline, Foothills shall forthwith advise the designated officer and the agency or ministry of the government of the Province specified by the designated officer of the emergency and the measures it has taken or intends to take to deal with it.
13 Where the emergency referred to in section 10 is a forest fire, Foothills shall make available to the Province personnel to assist in fighting the fire and any equipment or aircraft suitable for fire suppression owned or controlled by Foothills that is in the vicinity of the pipeline.
PART ISocio-Economic Terms and Conditions
Undertakings
14 Where Foothills gives an undertaking to any government, organization or community referred to in subsection 21(1) during consultations required by that section and the undertaking is accepted by that government, organization or community, Foothills shall, unless otherwise directed by the designated officer within 30 days of the giving of the undertaking, comply with that undertaking.
Plans
15 (1) Subject to subsection (2), where, pursuant to this Part, Foothills is required to submit a plan in respect of any matter to the designated officer for his approval, that plan, when approved, constitutes Foothills’ plan for that matter and Foothills shall comply therewith.
(2) The designated officer may, on giving Foothills reasonable notice in writing, modify or vary any provision set out in a plan referred to in subsection (1) and Foothills shall comply with the plan as so modified or varied.
Plan Schedule
16 (1) Foothills shall, within 30 days of the coming into force of this Part or at such later date as may be fixed by the designated officer, submit to the designated officer for his approval a plan schedule that sets out the date on which each plan referred to in subsection 15(1) is to be submitted to the designated officer.
(2) The plan schedule referred to in subsection (1), when approved by the designated officer, constitutes Foothills’ plan schedule and Foothills shall comply therewith.
(3) The designated officer may, at the request of Foothills, modify or vary the plan schedule referred to in subsection (2).
Information and Consultation
17 (1) Foothills shall provide information in respect of the planning and construction of the pipeline to
(a) the Government of Canada;
(b) the government of the Province;
(c) communities situated in the vicinity of the pipeline;
(d) Indian, Metis and non-status Indian organizations in the Province; and
(e) any special interest group requesting such information except a special interest group that does not have, in the opinion of Foothills or the designated officer, a bona fide need for the information.
(2) The information referred to in subsection (1) shall be provided in a form and manner satisfactory to the designated officer and shall include information in respect of
(a) the route alignment and construction schedules of the pipeline;
(b) the anticipated impact of the pipeline on the communities situated in the vicinity of the pipeline;
(c) the potential opportunities resulting from the construction of the pipeline for the residents in the vicinity of the pipeline;
(d) the proposed use of any land or waterbody;
(e) any significant adverse environmental impact resulting from the construction of the pipeline;
(f) the opportunities referred to in sections 29 and 30;
(g) the opportunity for businesses in the Province to participate in the supply of goods and services for the pipeline; and
(h) any other matter specified by the designated officer.
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