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

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.

23 Foothills shall identify and make available a person to assist Foothills in

• (a) disseminating the information referred to in section 17;

• (b) arranging consultations with communities situated in the vicinity of the pipeline; and

• (c) performing any liaison function with such communities.

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.