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

19 Foothills shall liaise and consult with the Government of Canada, the government of the Province, the Peace River — Liard Regional District, the Northern British Columbia Advisory Council, communities in the vicinity of the pipeline, Indian, Metis and non-status Indian organizations in the Province and any special interest group in the Province, on the request of that group, to facilitate the objects of the Act.

20 Foothills shall facilitate public access to the information referred to in section 18 and shall ensure that those communities situated in the vicinity of the pipeline have access to the information.

21 Foothills shall consult with the government of the Province, the Board of the Peace River — Liard Regional District, communities situated in the vicinity of the pipeline, Indian, Metis and non-status Indian organizations in the Province and any special interest group in the Province, on the request of that group, to ascertain their requirement for information.

22 Where a public meeting, workshop or seminar is convened in a community in the vicinity of the pipeline for the purpose of disseminating information in respect of the pipeline, Foothills shall, when directed by the designated officer, make available informed persons to assist in the dissemination of such information.

23 Foothills shall, in the planning and construction of the pipeline, consult with the government of the Province to ensure that the concerns of the Province are taken into account.

• 24 (1) Where Foothills receives a direction from the designated officer to consult with the government of the Province, the Municipal Council of Fort Nelson, the Municipal Council of Fort St. John, the Board of the Peace River — Liard Regional District, Indian, Metis and non-status Indian organizations in the Province or with any community situated in the vicinity of the pipeline in respect of any matter in connection with the construction or operation of the pipeline, Foothills shall, within 30 days of receiving such direction, consult with that government, Council, Board, organization or community.

• (2) Foothills shall report to the designated officer the significant results of any consultation pursuant to subsection (1).

25 Where Foothills, at any time, consults with any contractor or labour organization in respect of any matter critical to construction progress, Foothills shall report the significant results of such consultation to the designated officer.

26 Where Foothills proposes to consult with any Municipal or Regional District government in the Province in respect of any matter critical to construction progress, Foothills shall inform the Agency of the proposed consultation.

27 Foothills shall identify and make available, for each community situated in the vicinity of the pipeline, a person to assist Foothills in

• (a) disseminating the information referred to in section 18;

• (b) arranging consultations with the community; and

• (c) performing any liaison function with that community.

28 Foothills shall, following consultation with the government of the Province, the Municipal Council of Fort Nelson, the Municipal Council of Fort St. John, the Board of the Peace River — Liard Regional District and Indian, Metis and non-status Indian organizations in the Province, submit to the designated officer for his approval a plan, to be known as the information, consultation and liaison plan, that sets out the manner in which Foothills intends to carry out the provisions in sections 18 to 21, 23 and 25 to 27.

Pipeline Labour

29 Foothills shall, in the preparation and implementation of the detailed manpower plan referred to in paragraph 9(a) of Schedule III to the Act, consult with the government of the Province and labour organizations in the Province in respect of the plan and the recruitment and training of employees to be used in the construction and operation of the pipeline.

• 30 (1) Foothills shall, in consultation with the Government of Canada and the government of the Province, take such measures as are satisfactory to the designated officer to discourage the migration of persons seeking work on the pipeline into any area in the vicinity of the pipeline.

• (2) Foothills shall, for the purpose of discouraging the migrating of persons referred to in subsection (1),

  • (a) establish a procedure whereby the hiring of persons for the construction or operation of the pipeline who do not reside in the area through which the pipeline passes takes place at locations outside that area; and

  • (b) cause to be conducted an advertising program in the Province notifying potential employees of Foothills of the locations referred to in paragraph (a).

Orientation of Employees

31 Foothills shall, in respect of those persons who commence work on the construction of the pipeline, carry out an orientation program that includes environmental information to assist such persons to become familiar with the area through which the pipeline passes and their working conditions and to become aware of the potential to damage the environment.

32 Foothills shall, following consultation with the government of the Province, submit to the designated officer for his approval a plan, to be known as the orientation plan, that sets out the manner in which Foothills intends to carry out the orientation program referred to in section 31.

Opportunity Measures

33 Foothills shall

• (a) ensure that women and the Indian, Metis and non-status Indian people have access to training and employment opportunities in respect of the construction or operation of the pipeline; and

• (b) provide appropriate support measures to meet any special needs of women and of the Indian, Metis and non-status Indian people to enable them to take maximum advantage of the opportunities referred to in paragraph (a).

34 Foothills shall ensure that Indian, Metis and non-status Indian people of the Province have a fair and competitive opportunity to participate in the supply of goods and services for the pipeline.

35 Foothills shall, following consultation with Indian, Metis and non-status Indian organizations in the Province and, when directed by the designated officer, any women’s organizations in the Province, submit to the designated officer for his approval a plan, to be known as the opportunity measures plan, that sets out the manner in which Foothills intends to carry out the provisions of sections 33 and 34.

Business Opportunities

36 Foothills shall provide businesses in the Province with a fair and competitive opportunity to supply goods and services for the pipeline.

37 Foothills shall cooperate with the government of the Province in that government’s program in assisting businesses in the Province that are seeking to supply goods and services for the pipeline.

38 Foothills shall, following consultation with the government of the Province, submit to the designated officer for his approval a plan, to be known as the business opportunities plan, that sets out the manner in which Foothills intends to carry out the provisions of sections 36 and 37.

Transportation and Logistics

39 Foothills shall, if directed by the designated officer, participate with the Government of Canada or the government of the Province, as the case may be, in any transportation study conducted by that government to assess the quality and capacity of existing transportation facilities in the Province.

40 Foothills shall, during the construction of the pipeline, endeavour in its use of transportation facilities not to disrupt transportation services in the Province.

41 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.

42 Foothills shall, following consultation with the government of the Province, the Board of the Peace River — Liard Regional District and the communities referred to in section 41, 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 40 and 41.

Health

43 Foothills shall, in consultation with the government of the Province, ensure that proper facilities are provided and arrangements are made for adequate care and treatment of any ill or injured person employed in the construction or operation of the pipeline.

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

45 Foothills shall submit to the designated officer for his approval a plan, to be known as the health plan, that sets out the manner in which Foothills intends to carry out the provisions of sections 43 and 44.

Security

46 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 buildings 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 any 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.

47 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 the 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.

48 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.

Housing and Work Camps

• 49 (1) Foothills shall, following consultation with

  • (a) the government of the Province,

  • (b) the Municipal Council of Fort St. John,

  • (c) the Municipal Council of Fort Nelson,

  • (d) the Board of the Peace River — Liard Regional District, and

  • (e) Canada Mortgage and Housing Corporation,

  submit to the designated officer for his approval a plan, to be known as the housing plan, that sets out the manner in which Foothills intends to provide housing for its permanent employees and those temporary employees not accommodated in work camps established by Foothills.

• (2) Foothills shall not discriminate on the basis of

  • (a) the place of residence of the employee, or

  • (b) race, national or ethnic origin, colour, religion, age or sex

  when providing any housing benefit.

50 Foothills shall establish, to the satisfaction of the designated officer, work camps that are, insofar as practicable, self-sufficient.

Telecommunications

• 51 (1) 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 a manner as to improve the existing telecommunication services.

• (2) Foothills shall submit to the designated officer for his approval a plan, to be known as the telecommunications plan, that sets out the manner in which Foothills intends to carry out the provisions of subsection (1).