Contents
Order No. NP-MO-2-80IN THE MATTER OF the Northern Pipeline Act; andIN 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; andIN THE MATTER OF subsection 20(4) of the said Act; andIN 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
Interpretation
2#
(1)In these terms and conditions,
Act means the Northern Pipeline Act; (Loi)
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 means a reserve of land established under section 8 of the Agricultural Land Commission Act (British Columbia); (réserve de terres agricoles)
big game animals means big game as defined in the Wildlife Act (British Columbia); (gros gibier)
borrow pit means a site used for the extraction of granular material and fill and the excavation resulting from such extraction; (ballastière)
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 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 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 means fish as defined in the Fisheries Act; (poisson)
fuel means all liquid and gaseous hydrocarbons and petroleum products used in the construction and operation of the pipeline; (carburants)
fur-bearing animals means fur-bearing animals as defined in the Wildlife Act (British Columbia); (animaux à fourrure)
grazing reserve means a grazing reserve established under the Land Act (British Columbia) for the purpose of grazing livestock; (pâturage)
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 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 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 means data gathering, data analysis and interpretation and data presentation to determine magnitudes and characteristics of environmental change; (contrôle)
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)
waterbodies means lakes and ponds and permanent and intermittent rivers and streams and their beds; (masses d’eau)
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.
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
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.
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.
Part I · Socio-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
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.
(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;
(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.
18#
Foothills shall facilitate public access to the information referred to in section 17 and shall ensure that those communities situated in the vicinity of the pipeline have access to the information.
19#
Foothills shall consult with the government of the Province, 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.
20#
Where a public meeting, workshop or seminar is convened in a community situated 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.
21#
(1)Where Foothills receives a direction from the designated officer to consult with the government of the Province, an Indian, Metis or non-status Indian organization 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, organization or community.
(2)Foothills shall report to the designated officer the significant results of any consultation pursuant to subsection (1).
22#
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.
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.
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.
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).
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
Health
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
unless authorized, in writing, by the designated officer.
Surveillance, Inspection and Monitoring
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
(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.
Part II · Environmental 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
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.
note
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.
67#
Where the construction or operation of the pipeline takes place within a waterbody, Foothills shall take such measures as are satisfactory to the designated officer to protect the quality of the water in that waterbody.
Air Quality
68#
Where Foothills submits to the designated officer for his approval proposals for the design and location of a compressor station for the pipeline, Foothills shall include in the submission a description of the measures Foothills intends to implement
(a)to control air pollution and to disperse and, where possible, reduce any ice fog resulting from the operation of the pipeline; and
(b)to preserve the aesthetic value of the landscape in the vicinity of the pipeline.
69#
Foothills shall, in the operation of a compressor station, take such measures as are satisfactory to the designated officer to minimize any adverse effects of air pollution and ice fog resulting from the operation of the pipeline on
(a)the health or recreation of any person;
(b)transportation; or
70#
(1)Foothills shall, at each compressor station selected by the designated officer,
(a)sample and analyze air quality in the vicinity of that compressor station,
(b)sample and analyze gaseous emissions from the compressor station,
(c)measure precipitation, wind speed and direction and air mass stability in the vicinity of the compressor station, and
(d)record the quantity and type of fuel consumed by that compressor station
by a method and at such times as are approved by the designated officer.
Noise
71#
Foothills shall incorporate noise abatement devices in the design of any compressor station it installs for the pipeline.
72#
Foothills shall, in the construction and operation of the pipeline, take such noise abatement measures as are satisfactory to the designated officer to minimize the disturbance by noise of
(a)persons residing in the vicinity of the pipeline;
(b)wildlife referred to in paragraph 74(a) in the areas of land and waterbodies during the periods of time described in the information referred to in section 74 in respect of such wildlife; and
(c)livestock in the vicinity of the pipeline.
73#
(2)Where, in the opinion of the designated officer, any noise level reported to him pursuant to subsection (1) disturbs or is likely to disturb persons, wildlife or livestock referred to in section 72, Foothills shall take such remedial measures to lower that noise level as are satisfactory to the designated officer.
Wildlife
74#
Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him for his approval information in respect of those areas of land and waterbodies in which, and the periods of time in respect of those areas and waterbodies during which, the construction or operation of the pipeline may
(a)threaten the continued existence of significant wildlife populations; or
(b)result in significant adverse effects on significant wildlife populations.
75#
Foothills shall, in a manner satisfactory to the designated officer, prepare construction schedules for the pipeline and propose the location of the pipeline in such a manner that when the construction of the pipeline is being carried out the adverse impact on wildlife in any areas and during any periods of time in respect of those areas described in the information referred to in section 74 is minimized.
76#
Foothills shall take such measures as are satisfactory to the designated officer
(a)to prevent big game animals from being obstructed or entrapped by the construction of the pipeline; and
(b)to ensure that the construction or operation of the pipeline does not unreasonably interfere with guiding and trapping in the vicinity of the pipeline.
77#
(1)Foothills shall, from time to time during the construction of the pipeline, inspect those areas described in the information referred to in section 74 in which the continued existence of significant wildlife populations may be threatened.
(2)Foothills shall, in carrying out an inspection referred to in subsection (1), evaluate the effectiveness of its measures to mitigate any adverse impact on wildlife and shall, when requested by the designated officer, report to him the results of the evaluation.
78#
Where, in the opinion of the designated officer,
(a)the proposed location of the pipeline or the construction schedule of the pipeline referred to in section 75 is such that it does not minimize the adverse environmental impact on wildlife, or
(b)the measures taken pursuant to paragraph 76(a) are ineffective,
Foothills shall take such remedial measures as are satisfactory to the designated officer.
Fisheries
79#
(1)Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him for his approval information in respect of those areas of fish habitat in which, and the periods of time in respect of those areas during which, the construction or operation of the pipeline may threaten the continued existence of significant fish populations.
(2)The areas referred to in subsection (1) shall include fish spawning grounds, significant overwintering areas and migration routes in waterbodies through which the pipeline passes.
(3)The periods of time referred to in subsection (1) shall include those periods for the spawning, incubation, emergence, rearing and migration of fish.
80#
Foothills shall, in a manner satisfactory to the designated officer, prepare construction schedules for the pipeline to ensure that when the construction of the pipeline is being carried out any adverse impact on the fish in any fish habitat and during any periods of time in respect of that habitat described in the information referred to in subsection 79(1) is minimized.
81#
Where the pipeline or any facility is
(a)scheduled to be constructed at a time, or
(b)located at a place
82#
Foothills shall implement construction and operation practices to protect, to the satisfaction of the designated officer, fish and fish habitat against any adverse effect of any siltation, excavation of grandular materials, changes in water temperature and chemistry or reduction in dissolved oxygen in the water in any waterbody through which the pipeline passes.
83#
Foothills shall not, during the construction of the pipeline, unless permitted by the designated officer, obstruct fish migration by any blockage, diversion or prolonged acceleration of water flow.
85#
Foothills shall take measures satisfactory to the designated officer to ensure that the construction and operation of the pipeline does not unreasonably interfere with any domestic, commercial or sport fishing or adversely affect any fishing area in any area through which the pipeline passes.
86#
(1)Foothills shall, in a manner satisfactory to the designated officer, inspect fish movements and fish habitat utilization during construction of the pipeline.
(2)Foothills shall, in carrying out the inspection referred to in subsection (1), evaluate the effectiveness of
(a)the construction schedule referred to in section 80,
(b)the measures referred to in sections 81, 84 and 85, and
(c)the practices referred to in section 82,
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 inspection referred to in subsection (1).
note
Special Interest Areas
88#
(2)Where the location referred to in subsection (1) of the pipeline is in an area identified under that subsection and the location of the pipeline has been approved by the designated officer, Foothills shall take such measures as are satisfactory to the designated officer to protect the natural and cultural values of that area.
89#
Foothills shall obtain the approval of the designated officer before commencing construction of the pipeline within 30 m of a monument, archaeological site or burial ground.
90#
Foothills shall establish and conduct an archaeological program satisfactory to the designated officer to
(a)identify and protect or excavate, salvage and investigate historical and archaeological sites, and
(b)analyze historical, archaeological and associated palaeoecological materials
on land used for or disturbed by the construction of the pipeline.
91#
Foothills shall provide, when requested by the designated officer, evidence satisfactory to the designated officer that any archaeological and related materials, field notes, plans and maps, photographs, analyses and other relevant documents collected during the archaeological program referred to in section 90 are retained at a place and under such arrangements as are approved by the government of the Province.
92#
Foothills shall report immediately to the designated officer any discovery of a historical or archaeological site and shall not disturb the site without his prior approval.
93#
(1)In constructing the pipeline, Foothills shall avoid, where practicable, disturbance of geodetic or legal survey monuments.
(2)Where a geodetic monument is disturbed in the course of construction of the pipeline, Foothills shall report such disturbance forthwith to the designated officer.
(3)Where a geodetic monument is disturbed, Foothills shall, at its expense and in accordance with the instructions of the Dominion Geodesist, cause the monument to be restored or re-established.
Agricultural Land
94#
Foothills shall, when constructing the pipeline on land comprising part of an agricultural land reserve or grazing reserve, take into account the provisions set out in the document entitled “Terms and Conditions for Linear Development in Agricultural Land Reserves and Grazing Reserves” issued by the Ministry of Agriculture of the government of the Province.
95#
Where topsoil on agricultural land is disturbed or removed during construction of the pipeline, Foothills shall take such measures as are satisfactory to the landowner or tenant, as soon as possible after the disturbance or removal, to stabilize the surface or replace such topsoil of such agricultural land and, to the extent possible, to return it to its previous level of fertility.
96#
Where, as a consequence of the construction of the pipeline a fence or gate is damaged or destroyed by Foothills, Foothills shall, in consultation with the owner of the land on which the fence or gate is situated or the tenant thereof, repair or replace that fence or gate.
98#
Where Foothills has stabilized the surface of agricultural land and to the extent possible returned it to its previous level of fertility pursuant to section 95, Foothills shall
(a)inspect to the satisfaction of the landowner or tenant agricultural land that may have been or may be affected by the pipeline;
(b)report forthwith to the designated officer any evidence of any adverse environmental impact on agricultural land; and
(c)take such remedial measures as directed by the designated officer in respect of any agricultural land discovered by the inspection to be adversely affected by the pipeline.
Clearing
99#
Foothills shall minimize to the satisfaction of the designated officer any adverse environmental impact of vegetation clearing operations by Foothills, including such impact on erosion-sensitive terrain.
100#
Foothills shall, in respect of the construction of the pipeline,
(a)clear vegetation from only those areas essential for the construction;
(b)cut, stack and dispose of any merchantable timber cleared by Foothills in such manner as is satisfactory to the designated officer;
(c)leave a buffer strip of undisturbed vegetation satisfactory to the designated officer
(i)between any area cleared by Foothills of vegetation and an adjacent waterbody, and
(ii)between any area cleared of vegetation and an adjacent road;
(d)promptly remove any debris entering or likely to enter any waterbody as a result of the clearing of vegetation by Foothills; and
(e)take such measures as are satisfactory to the designated officer to minimize windthrow in buffer strips.
101#
(1)Foothills shall, when clearing any area for construction, take measures to minimize to the satisfaction of the designated officer the operation of any machinery along or across any permanent or intermittent river or stream channel.
(2)Foothills shall not skid any logs along or across any unfrozen permanent river or stream channel or along any unfrozen intermittent stream channel.
note
103#
Foothills shall not pile any debris resulting from the construction of the pipeline in a manner that creates a continuous barrier to big game animal movements.
Fuel and Other Hazardous Material
104#
Foothills shall
(a)establish procedures satisfactory to the designated officer to minimize the possibility of an accident occurring during the storage, handling and use of fuel or any other hazardous material;
(b)locate, in a manner satisfactory to the designated officer, storage and handling sites for fuel and hazardous material to minimize any contamination of any waterbody described in the information referred to in section 74, any fish habitat described in the information referred to in subsection 79(1) or any important fish harvesting area; and
(c)establish procedures satisfactory to the designated officer to contain and clean up any fuel or other hazardous material spilled, misused or allowed to escape.
105#
(2)Foothills shall, in constructing a dyke referred to in subsection (1), comply with any requirements established by the designated officer for the design and location of the dyke and of the area that it surrounds.
note
106#
(1)Foothills shall establish such procedures as are satisfactory to the designated officer to detect any loss of fuel or other hazardous material at any storage and handling facility.
(2)Where any loss of fuel or other hazardous material referred to in subsection (1) occurs, Foothills shall investigate the cause of such loss and take such measures as are satisfactory to the designated officer to prevent further loss.
Waste Management
108#
(1)Foothills shall ensure that liquid or solid wastes produced as a consequence of the construction, operation or abandonment of the pipeline are collected and, where required by the designated officer, treated in a manner satisfactory to the designated officer.
(2)Foothills shall dispose of the liquid and solid wastes referred to in subsection (1) in a manner satisfactory to the designated officer.
110#
Foothills shall establish procedures satisfactory to the designated officer for the handling and disposal of any wastes containing a hazardous material.
Granular Materials, Borrow Pits and Quarries
113#
Where Foothills uses a borrow pit or quarry, Foothills shall minimize to the satisfaction of the designated officer
(a)the disturbance of the environment in the vicinity of the borrow pit or quarry;
(b)the amount of land used for the borrow pit or quarry; and
(c)the amount of materials extracted from the borrow pit or quarry.
114#
Foothills shall, where possible, use existing roads, trails or cutlines for access to borrow pits or quarries.
115#
Foothills shall not extract granular materials from the bed of a waterbody unless that part of the bed of the waterbody from which such materials are to be extracted is dry.
116#
Foothills shall leave buffer strips of undisturbed vegetation between any borrow pit or quarry that it opens and any adjacent road.
117#
(1)Foothills shall not, without the approval of the designated officer, use a borrow pit or quarry within or adjacent to a waterbody, swamp, marsh, bog or fen.
(2)Where the use of a borrow pit or quarry referred to in subsection (1) has been approved by the designated officer, Foothills shall take such measures as are satisfactory to the designated officer to protect fish and fish habitat in that waterbody, swamp, marsh, bog or fen, as the case may be.
118#
(1)When directed by the designated officer, Foothills shall close and rehabilitate, in a manner satisfactory to the designated officer, any borrow pit or quarry that it uses.
(2)Where Foothills is required to rehabilitate a borrow pit or quarry pursuant to subsection (1), it shall, to the satisfaction of the designated officer,
(a)stabilize the ground surface; and
(b)re-establish vegetation similar to that in existence before the excavation of the borrow pit.
Blasting
Water Crossings
123#
Foothills shall, when submitting construction procedures and schedules to the designated officer for his approval and when constructing the pipeline, take into account any particular environmental characteristic of any water crossing by the pipeline.
125#
(1)Foothills shall
(a)inspect every pipeline water crossing for evidence of deterioration in bank stability and stream bed condition, and
(b)when directed by the designated officer, monitor the consequences of any pipeline water crossing
in a manner satisfactory to the designated officer.
(2)Foothills shall report, within a reasonable period of time, to the designated officer the results of the inspection referred to in paragraph (1)(a) and, when required by the designated officer, the results of the monitoring referred to in paragraph (1)(b).
126#
Where the designated officer is of the opinion that remedial measures are necessary at a pipeline water crossing, Foothills shall take such remedial measures as are satisfactory to the designated officer.
127#
Where an impervious seam is cut in the bed of a waterbody during a trench excavation at a water crossing, Foothills shall take such measures as are satisfactory to the designated officer to restore water movements above the seam to their original pattern.
128#
When constructing the pipeline across a stream, Foothills shall trench, lay pipe and backfill as expeditiously as possible.
129#
Foothills shall, unless otherwise directed by the designated officer, on completion of any pipeline construction across a stream, restore the bed of the stream to its original shape by using the original materials of the stream bed or other material of equivalent stability.
Water Withdrawal, Water Discharge and Hydrostatic Testing
130#
Foothills shall take such measures as are satisfactory to the designated officer to ensure to the satisfaction of the designated officer that water withdrawals and discharges will not have an unreasonable adverse effect on
(a)the level or rate of flow of water in the waterbody or well from which the water withdrawal is made or into which the discharge is made;
(b)the existing use of the waterbody from which a water withdrawal is made or into which the discharge is made;
(c)the transportation on or access to the waterbody from which a water withdrawal is made or into which the discharge is made;
(d)the trapping or fishing by persons residing in the vicinity of the pipeline;
(e)the fish populations in or dependent on the waterbody from which the water withdrawal is made or into which the discharge is made; and
(f)any waterfowl or mammal populations using any waterbody or its margins from which a water withdrawal is made or into which a discharge is made.
131#
(1)Subject to subsection (2), Foothills shall ensure that, during any withdrawal of water from a waterbody for hydrostatic testing, the rate of flow or depth of water in that waterbody does not fall below such minimum as is specified by the designated officer.
(2)Foothills may withdraw water referred to in subsection (1) where the rate of flow and depth of water in the waterbody is below the minimum specified pursuant to that subsection if such withdrawal is approved by the designated officer.
note
132#
Foothills shall, when carrying out hydrostatic testing of the pipeline, carry out such tests in a manner that will minimize the use of water.
133#
Foothills shall appoint a qualified person to supervise the withdrawal and discharge of water for the construction or testing of the pipeline.
134#
Where Foothills withdraws water for the construction or testing of the pipeline, it shall install screens satisfactory to the designated officer on all water intakes.
135#
Foothills shall, in a manner satisfactory to the designated officer, furnish him with the details in respect of each water withdrawal or discharge used for constructing or testing the pipeline.
136#
Foothills shall take such measures as are satisfactory to the designated officer
(a)to avoid spilling any test fluid other than a spill caused by the failure of a pipe when being tested; and
(b)to contain and remedy the effect of any test fluid that has been spilled.
Roads and Other Facilities
139#
Where Foothills is required to submit to the designated officer for approval the design and location of any access road or pipeline facility other than a road or facility on the pipeline right-of-way and the procedures to be used in the construction, operation or abandonment of that road or facility, Foothills shall take into account the local and regional environment including the following:
(a)hydrological characteristics;
(b)terrain conditions;
(c)ground thermal regime;
(e)land and water use for purposes other than for the pipeline;
(f)archaeological sites; and
(g)aesthetic value of the landscape and waterbodies.
140#
Foothills shall maintain any right-of-way travelling surface so that cross drainage is both efficient and effective without causing accelerated erosion or ponding.
142#
Foothills shall, where required by the designated officer, render any access road built or rehabilitated by it, other than a road to be used by Foothills in the maintenance of the pipeline, impassable and take such measures as are satisfactory to the designated officer to control erosion of such road.
Machinery, Transportation and Construction Equipment
144#
Foothills shall take such measures as are satisfactory to the designated officer to minimize the use by Foothills of vehicles and transportation and construction equipment in any area other than on public and access roads and the pipeline right-of-way.
145#
Where Foothills operates machinery, transportation or construction equipment within any waterbody, such operation shall take place in respect of that waterbody during such time and in such manner as is satisfactory to the designated officer.
146#
Foothills shall equip and maintain all machinery and transportation and construction equipment with factory standard emission and noise control devices.
Inspection and Monitoring
147#
(1)Foothills shall, in a manner satisfactory to the designated officer, inspect the pipeline and the land and water disturbed by the pipeline, evaluate the results of the inspection and, when directed by the designated officer, monitor the environmental impact of the pipeline.
(2)When requested by the designated officer, Foothills shall, within a reasonable period of time, report the results of the inspection, evaluation and monitoring referred to in subsection (1) to the designated officer.
148#
Where the designated officer is of the opinion that the construction or operation of the pipeline has caused or is likely to cause a significant adverse environmental impact, Foothills shall take such measures as are satisfactory to the designated officer to mitigate or remedy the environmental impact and to prevent its recurrence.
Environmental Plans and Procedures Manual
149#
(1)Foothills shall prepare and submit to the designated officer an Environmental Plans and Procedures Manual, constituted in Parts, that sets out the procedures and measures Foothills intends to take to
(a)comply with this Part;
(b)carry out any environmental requirements imposed by law; and
(c)prevent, mitigate or remedy any adverse environmental impact that may result from the construction or operation of the pipeline.
(2)Each Part of the Environmental Plans and Procedures Manual referred to in subsection (1) shall be submitted to the designated officer for his approval in accordance with the schedule referred to in subsection (3).
(3)Foothills shall, by such date as may be fixed by the designated officer, submit to the designated officer a Parts schedule for his approval that sets out the procedures and measures to be dealt with in each Part referred to in subsection (1) and the date that each Part is to be submitted to the designated officer.
Submissions
150#
(1)Foothills shall submit to the designated officer, in accordance with a schedule approved by him,
(a)the environmental information used by it in preparing the Parts referred to in subsection 149(1); and
(b)construction scheduling and engineering design information necessary for a review and evaluation of the Parts referred to in subsection 149(1).
(2)Foothills shall, when requested by the designated officer, submit to him any studies, reports, analyses or other material on which the information submitted pursuant to section 74 or subsection 79(1) was based.
(3)Where Foothills conducts studies or gathers data or information when considering the effect, if any, of the construction or operation of the pipeline on the existing or potential use of any land or waterbody through which the pipeline passes for the purpose of taking into account such effect pursuant to section 54, such studies, data or information shall be submitted by Foothills to the designated officer when requested by him.
152#
Where, subsequent to the approval by the designated officer of any procedure or measure referred to in subsection 149(1), Foothills obtains additional information of environmental significance relating to that procedure or measure, Foothills shall forthwith report such information to the designated officer.
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.