Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia (SI/80-128)

24 Foothills shall submit to the designated officer for his approval a plan, to be known as the information plan, that sets out the manner in which Foothills intends to carry out the provisions of sections 17 to 19 and sections 22 and 23.

Pipeline Labour

25 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.

26 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.

Orientation of Employees

27 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 their working conditions and to become aware of the potential to damage the environment.

28 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 27.

Opportunity Measures

29 Foothills shall

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

• (b) ensure that women of the Province have access to employment opportunities in respect of the construction or operation of the pipeline; and

• (c) provide appropriate support measures in relation to training, recruitment and employment practices to meet any special needs of women and of the Indian, Metis and non-status Indian people of the Province to enable them to take maximum advantage of the opportunities referred to in paragraphs (a) and (b).

30 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.

31 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 29 and 30.

Business Opportunities

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

33 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.

34 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 32 and 33.

Health

35 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.

Security

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

• (a) maintain security on the pipeline; and

• (b) cooperate with and give assistance to the Royal Canadian Mounted Police and the Sheriffs’ Services of the Province to enable them to carry out their duties.

37 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; and

• (b) 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.

38 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

39 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.

40 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.

• 41 (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.

42 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

43 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 their activities in the construction or operation of the pipeline.

44 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.

45 Foothills shall submit to the designated officer, in a manner determined by him, information in respect of any unresolved matter referred to in paragraph 44(c).

46 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 provisions 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

• 47 (1) Foothills shall, following consultation with the government of the Province and Indian, Metis and non-status Indian organizations in the Province, submit to the designated officer, in a manner and form satisfactory to him, an inventory that sets out the hunting, trapping and fishing areas used by Indian, Metis or non-status Indian people in the vicinity of the pipeline and any area of cultural importance to Indian, Metis or non-status Indian people in the vicinity of the pipeline and a resource use analysis of such 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.

48 In locating the pipeline or any portion thereof, Foothills shall, following consultation with the government of the Province and Indian, Metis and non-status Indian organizations in the Province, locate the pipeline in a manner that minimizes, 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 section 47.

49 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 Indian, Metis and non-status Indian organizations in the Province, propose a schedule that minimizes, 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 47.

50 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 48 and 49.

PART IIEnvironmental Terms and Conditions

General

51 Foothills shall

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

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

52 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

53 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.

54 Where Foothills proposes a location of the pipeline or a portion thereof to the designated officer for approval, it 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.

Drainage, Erosion Control, Rehabilitation and Revegetation

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

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

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

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

57 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.

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

59 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.

60 Where land is to be rehabilitated pursuant to section 58 or revegetated pursuant to section 59, 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 impact,

• (b) the protection 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).

61 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 56, the rehabilitation measures referred to in section 58 and the revegetation measures referred to in section 59.

62 Foothills shall,

• (a) where a revegetation measure referred to in section 59 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 ensure that noxious weeds are not brought into the area through which the pipeline passes on construction equipment used by Foothills; and

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

63 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 56, the rehabilitation measures referred to in section 58, the revegetation measures referred to in section 59 and the measures relating to noxious weeds referred to in paragraphs 62(b) and (c).

• 64 (1) Foothills shall, in carrying out the inspection pursuant to section 63, evaluate the effectiveness of the measures referred to in that section 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.

• (2) Where, in the opinion of the designated officer, the measures referred to in section 63 are ineffective, Foothills shall implement such remedial measures as are satisfactory to the designated officer.

Water Quality

65 Foothills shall take such measures as are satisfactory to the designated officer to ensure that significant quantities of deleterious substances, as defined in the Fisheries Act, sediment, silt or wood chips resulting from the construction of the pipeline are not left in an area where they are likely to enter into any waterbody.

• 66 (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.