Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia (SI/81-21)

17 Foothills, when requested by the government of the Province, the Northern British Columbia Advisory Council, communities in the vicinity of the Swift River portion of the pipeline, the communities of Teslin and Watson Lake in the Yukon Territory and organizations of native people referred to in paragraph 16(1)(e), shall liaise and consult with that government, council, community or organization to facilitate the objects of the Act.

18 Foothills shall facilitate public access to the information referred to in section 16.

19 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 Swift River portion of the pipeline, Foothills shall, when directed by the designated officer, make available informed persons to assist in the dissemination of such information.

• 20 (1) Where Foothills receives a direction from the designated officer to consult with the government of the Province, an organization of native people in the Province or the Yukon Territory or with any community situated in the vicinity of the Swift River portion of the pipeline in respect of any matter in connection with the construction or operation of the pipeline, Foothills shall, within thirty 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).

21 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.

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

• (a) disseminating the information referred to in section 16;

• (b) arranging consultations; and

• (c) performing any liaison function that may be required.

Orientation of Employees

23 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 for damage to the environment.

Transportation and Logistics

24 Foothills shall, during the construction of the pipeline, endeavour in its use of transportation facilities not to disrupt transportation services in the vicinity of the Swift River portion of the pipeline.

25 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.

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

Telecommunications

27 Foothills shall ensure that, where practical,

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

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

Protection of Highways and Public Utilities

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

Health

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

Security

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

• (a) maintain security of the pipeline;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

32 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

33 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.

34 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.

• 35 (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.

36 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

37 Foothills shall be liable for any damage to property directly or indirectly caused by Foothills, a contractor of Foothills or a subcontractor of that contractor in connection with or resulting from its activities in the construction or operation of the pipeline.

38 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.

39 Foothills shall submit to the designated officer, in a manner determined by him, information in respect of any unresolved matter referred to in paragraph 38(c).

40 Where

• (a) Foothills and a claimant against Foothills fail to agree as to liability or compensation for damage for which the claimant alleges Foothills is responsible; and

• (b) the claimant referred to in paragraph (a) agrees with Foothills

  • (i) to enter into an arbitration submission governed by the provision of the Arbitration Act (British Columbia), and

  • (ii) that a decision of the arbitrator is binding and conclusive,

Foothills shall enter into such arbitration submission and shall pay all costs of and incidental to any arbitration proceedings pursuant thereto except where the arbitrator determines that the claim is frivolous.

Protection of Native Traditional Harvesting and Cultural Areas

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

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

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

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

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

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

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

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

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

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

PART IIEnvironmental Terms and Conditions

General

45 Foothills shall

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

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

46 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.