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PART ISocio-Economic Terms and Conditions (continued)

Transportation and Logistics (continued)

 Foothills shall bear the cost of any additional transportation infrastructure provided, at the request of Foothills, by the Government of Canada or the government of the Province for the construction of the pipeline and, where practical, shall ensure that such infrastructure is built, maintained and disposed of to provide maximum long-term benefit to those communities affected by the additional transportation infrastructure.

 Foothills shall submit to the designated officer for his approval a plan, to be known as the transportation and logistics plan, that sets out the manner in which Foothills intends to carry out the provisions of sections 24 and 25.

Telecommunications

 Foothills shall ensure that, where practical,

  • (a) the use by Foothills of telecommunication services for the pipeline does not adversely affect the telecommunication services in the Province; and

  • (b) any telecommunication infrastructure Foothills requires for the construction of the pipeline is built and maintained in such manner as to improve the existing telecommunication services.

Protection of Highways and Public Utilities

 Foothills shall consult with the governments of the Province and the Yukon Territory and those regulatory authorities of the Province and the Yukon Territory having jurisdiction over roads, highways and public utilities in respect of the proposed pipeline construction for the purpose of devising means to avoid any damage to any road, highway or public utilities.

Health

 Foothills shall ensure that the health of all persons employed on or in connection with the construction of the pipeline is safeguarded by the implementation of generally accepted public health standards.

Security

 Foothills, in consultation with the Government of Canada, the government of the Province and the Royal Canadian Mounted Police, shall

  • (a) maintain security of the pipeline;

  • (b) provide physical security in respect of each campsite or worksite established by Foothills and the building and property of Foothills; and

  • (c) provide, at reasonable cost, all goods and services requested by the Royal Canadian Mounted Police, the Sheriffs’ Services of the Province and any other peace officers that are required by them to carry out their duties in connection with the pipeline, including

    • (i) transportation to remote or isolated locations if the means of transportation are not available to the Royal Canadian Mounted Police, the Sheriffs’ Services or the peace officer making the request,

    • (ii) accommodation, including accommodation for prisoners, office space and storage facilities for police supplies and equipment,

    • (iii) such access and use of communications equipment and facilities of Foothills as the Royal Canadian Mounted Police, the Sheriffs’ Services or other peace officers may require, and

    • (iv) such goods or services as are necessary for the maintenance of reasonable living standards, having regard to local conditions.

 For the purpose of promoting effective law enforcement in the vicinity of the pipeline, Foothills, in consultation with the Royal Canadian Mounted Police and the government of the Province shall

  • (a) provide the Royal Canadian Mounted Police and Sheriffs’ Services of the Province with immediate access to the pipeline and to persons employed in the construction or operation of the pipeline;

  • (b) establish methods, including appropriate identification practices, to facilitate the recovery of equipment or supplies belonging to Foothills that have been lost or stolen;

  • (c) prohibit access to any campsite established by Foothills by any unauthorized person;

  • (d) designate a person to whom all policing matters are to be referred; and

  • (e) provide sufficient information to enable the Royal Canadian Mounted Police to establish

    • (i) the nature and extent of the policing required on the pipeline;

    • (ii) a working arrangement between Foothills’ security personnel and the Royal Canadian Mounted Police; and

    • (iii) a system of reporting on policing matters.

 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.

Surveillance, Inspection and Monitoring

 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.

 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.

  •  (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.

 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.

Compensation for Damage to Property

 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.

 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.

 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).

 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.

Protection of Native Traditional Harvesting and Cultural Areas

  •  (1) Foothills shall, following consultation with the government of the Province and those organizations of native people that, in the opinion of the designated officer, have a traditional or cultural interest in the Swift River portion of the pipeline, submit to the designated officer, in a manner and form satisfactory to him, an inventory that sets out

    • (a) the hunting, trapping and fishing areas used by native people in the vicinity of the Swift River portion of the pipeline, and

    • (b) any area of cultural importance to native people in the vicinity of the Swift River portion of the pipeline, and

    a resource use analysis of the hunting, trapping and fishing areas.

  • (2) The resource use analysis referred to in subsection (1) shall consist of information on the seasonal use of hunting, trapping and fishing areas and statistics as to the number and types of species hunted, trapped or fished.

 In locating the pipeline or any portion thereof, Foothills shall, following consultation with the government of the Province and those organizations of native people referred to in section 41, minimize, to the satisfaction of the designated officer, interference with the hunting, trapping and fishing areas and areas of cultural importance set out in the inventory referred to in that section.

 In proposing the construction schedule in respect of the pipeline or any portion thereof, Foothills shall, following consultation with the government of the Province and those organizations of native people referred to in section 41, include in the submission the measures Foothills intends to take to minimize, to the satisfaction of the designated officer,

  • (a) any conflict with the seasonal use of hunting, trapping and fishing areas; and

  • (b) the disturbance of areas of cultural importance set out in the inventory referred to in section 41.

 Foothills shall, if directed by the designated officer, submit to him for his approval a plan, to be known as the traditional resource protection plan, that sets out the manner in which Foothills intends to carry out the provisions of sections 42 and 43.

PART IIEnvironmental Terms and Conditions

General

 Foothills shall

  • (a) plan and construct the pipeline efficiently and expeditiously; and

  • (b) minimize to the extent possible any adverse environmental impact.

 Where, in this Part, Foothills is required to make plans, take measures and implement procedures in respect of the environment, Foothills shall

  • (a) incorporate in such plans, measures and procedures those environmental practices ordinarily followed in constructing and operating pipelines in the Province; and

  • (b) comply with those standards established under the laws of the Province that are applicable to any pipeline constructed and operated under the laws of the Province except where such standards are inconsistent with the Act, any terms and conditions made thereunder or any other law of Canada.

Terrain, Landscape and Waterbodies

 Foothills shall, in the planning and construction of the pipeline, minimize, to the satisfaction of the designated officer, any adverse environmental impact on land through which the pipeline passes and on waterbodies or groundwater in the vicinity of the pipeline.

 Where Foothills proposes a location of the pipeline or a portion thereof to the designated officer for approval, Foothills shall, in a manner satisfactory to the designated officer, take into account the effect, if any, of the construction or operation of the pipeline on the existing or potential uses of any land or waterbody through which the pipeline is proposed to pass.

Permafrost and Frozen Ground

 Foothills shall, in the construction and operation of the pipeline, take measures satisfactory to the designated officer to minimize to the satisfaction of the designated officer any change in the existing physical or biological conditions arising from the consequences of thaw settlement.

 Foothills shall inspect, to the satisfaction of the designated officer, the implementation of the measures referred to in section 49 and shall, when requested by the designated officer, monitor to the satisfaction of the designated officer, the effectiveness of those measures.

Drainage, Erosion Control and Revegetation

 Foothills shall, in the planning and construction of the pipeline, take such measures as are satisfactory to the designated officer to

  • (a) minimize disturbance of erosion-sensitive terrain; and

  • (b) minimize construction on erosion-sensitive terrain during periods in which erosion is most likely to be initiated.

 Foothills shall design and implement erosion control measures satisfactory to the designated officer in respect of those areas through which the pipeline passes to minimize any interference with any other use of land or water and to protect the environment.

 Foothills shall, in the construction and operation of the pipeline, minimize, to the satisfaction of the designated officer, the development of subsurface channels along the pipeline and

  • (a) any change in the natural drainage patterns, and

  • (b) any increase in the sediment loading in waterbodies

of those areas through which the pipeline passes.

 Foothills shall implement such measures as are satisfactory to the designated officer to rehabilitate land disturbed by the construction or operation of the pipeline.

 Foothills shall take measures to revegetate land, other than agricultural land, to the satisfaction of the designated officer, disturbed by the construction or operation of the pipeline in a manner that complements any other measure Foothills takes to control drainage and erosion.

 Where land is to be rehabilitated pursuant to section 54 or revegetated pursuant to section 55, Foothills shall rehabilitate or revegetate, as the case may be, the land in a manner consistent with present land use practices employed in that portion of the Province through which the pipeline passes and shall give priority to the following objectives:

  • (a) the control of erosion and its impacts,

  • (b) the protection or enhancement of important wildlife habitat, and

  • (c) the restoration of the aesthetic value of the land

and such priority shall be given in the order set out in paragraphs (a) to (c).

 Where Foothills has backfilled any part of the pipeline under construction, Foothills shall, unless otherwise authorized by the designated officer, commence as soon as practicable but, in any event, within one year of the backfilling, the erosion control measures referred to in section 52, the rehabilitation measures referred to in section 54 and the revegetation measures referred to in section 55.

 Foothills shall,

  • (a) where a revegetation measure referred to in section 55 is taken that involves the seeding of land, use only seed mixes acceptable to the government of the Province;

  • (b) take such measures as are satisfactory to the designated officer to minimize the entry of noxious weeds into the area through which the pipeline passes on construction equipment used by Foothills; and

  • (c) take such measures as are satisfactory to the designated officer to control infestations of noxious weeds caused by the construction of the pipeline.

  •  (1) Foothills shall, from time to time, inspect, in a manner satisfactory to the designated officer, the implementation of the erosion control measures referred to in section 52, the rehabilitation measures referred to in section 54, the revegetation measures referred to in section 55 and the measures relating to noxious weeds referred to in paragraphs 58(b) and (c).

  • (2) Foothills shall, in carrying out the inspection pursuant to subsection (1), evaluate the effectiveness of the measures referred to in that subsection and, when requested by the designated officer, report to the designated officer in a manner satisfactory to him the results and evaluation of such inspection.

  • (3) Where, in the opinion of the designated officer, the measures referred to in subsection (1) are ineffective, Foothills shall implement such remedial measures as are satisfactory to the designated officer.

Water Quality

 Foothills shall not leave significant quantities of deleterious substances, as defined in the Fisheries Act for the purpose of sections 31, 33, 33.1 and 33.2 of that Act, sediment, silt or wood chips resulting from the construction of the pipeline in any area where they are likely to enter into any waterbody.

  •  (1) Foothills shall take such measures as are satisfactory to the designated officer to minimize the entry into any waterbody of any aqueous run-off or discharge resulting from the construction of the pipeline.

  • (2) Where there is any aqueous run-off or discharge referred to in subsection (1) and that run-off or discharge enters a waterbody, Foothills shall take such measures as are satisfactory to the designated officer to protect the quality of the water in the waterbody.

 

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