Limited legal record

The Socio-Economic and Environmental Terms and Conditions in Respect of the Certificate of Public Convenience and Necessity Declared To Be Issued Under Subsection 20(1) of the IN THE MATTER OF the Northern Pipeline Act; and IN 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 Yukon) Ltd. pursuant to the said Act; and IN THE MATTER OF subsection 20(4) of the said Act; and IN THE MATTER OF Condition 7 of SCHEDULE III to and subsection 21(2) of the said Act; Agency File No. 5012. 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 Yukon) Ltd. [hereinafter called “Foothills (South Yukon)”] in respect of the pipeline defined in the said Act for that portion of the route, now referred to as “Swift River Portion”, of the pipeline in the northern 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 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 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 rescinds Condition 7 of Schedule III to the Act, insofar as it applies to Foothills (South Yukon) for that portion of the route, now referred to as “Swift River Portion”, in the northern area of the Province of British Columbia; 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 Yukon) for that portion of the route, now referred to as “Swift River Portion”, in the northern area of the Province of British Columbia, 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 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 the Swift River Portion of the Pipeline in the Province of British Columbia to be applicable to Foothills (South Yukon). Dated at the City of Calgary, in the Province of Alberta, this 29th day of August, 1980 These terms and conditions may be cited as the Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia. In these terms and conditions, Act means the Northern Pipeline Act; (Loi) agricultural land means any land that is cleared and used for pasture, under cultivation, or 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) Foothills means Foothills Pipe Lines (South Yukon) Ltd.; (Foothills) 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 significant damage to the environment; (produits dangereux) inspection means observation and measurement by Foothills to verify that the construction and operation of the pipeline accord with the designs and specifications of the pipeline, and 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) operation means any field activity by Foothills relating to the pipeline or any portion of the pipeline for which leave to open has been granted; (exploitation) Province means the Province of British Columbia; (province) 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) Swift River portion means that portion of the pipeline within Zone 2 Foothills Pipe Lines (South Yukon) Ltd., as described in Annex II of the Agreement, that lies within the Province; (tronçon de la rivière Swift) waste means discarded or abandoned liquid or solid matter including human waste, garbage, oil drums, petroleum products, ashes and equipment; (déchets) waterbodies means lakes and ponds and permanent and intermittent rivers and streams and their beds; (masses d’eau) wildlife means big game animals and fur-bearing animals that are native to the Province, migratory game birds as defined in the Migratory Birds Convention Act, all Galliformes native to the Province, all species of the orders Falconiformes and Strigiformes, and rare and endangered species of birds, mammals, reptiles and amphibians. (faune) All other words and expressions have the meaning assigned to them in the Act. 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 the pipeline in the Swift River portion of the pipeline. Foothills shall, in the construction and operation of the pipeline, comply with the laws of Canada and the laws of the Province. Subject to subsection (2), Foothills shall, when entering into any contract with a contractor for the construction, operation or maintenance 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. 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. Foothills shall be responsible for any breach of these terms and conditions by a contractor referred to in subsection (1) or any subcontractor of that contractor as if the breach had been committed by Foothills. 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 and operation of the pipeline as he may request. Employees or agents of the government of the Province shall, for the purpose of carrying out their duties in connection with the pipeline, be allowed reasonable access to any part of the right-of-way of the pipeline or to any other area where the pipeline is being or is to be constructed. Foothills shall, at all times, save harmless and indemnify and keep Her Majesty indemnified against all claims, demands, actions, and costs or other legal proceedings made or brought against Her Majesty by reason of or arising out of the construction or operation of the pipeline; the escape, ignition or explosion, for any cause, of gas or related hydrocarbons from or in the pipeline on the lands of Her Majesty; 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; and 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. Foothills shall, at all times, pay to Her Majesty the amount of any loss or damage that has been suffered or sustained by Her Majesty by reason of or arising out of the matters set out in section 8. 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. 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. Where any emergency arises in the course of the construction or operation of the pipeline, Foothills shall forthwith advise the designated officer of the emergency and of the measures it has taken or intends to take to deal with it. Where Foothills gives an undertaking to any government, council, community or organization referred to in section 17 during consultations required by that section and the undertaking is accepted by that government, council, community or organization, Foothills shall, unless otherwise directed by the designated officer within thirty days of the giving of the undertaking, comply with that undertaking. Subject to subsection (2), where, pursuant to this Part, Foothills is required to submit a plan in respect of any matter to the designated officer for approval, that plan, when approved, constitutes Foothills’ plan for that matter and Foothills shall comply therewith. The designated officer may, on giving Foothills reasonable notice in writing, modify or vary any provision set out in a plan referred to in subsection (1) and Foothills shall comply with the plan as so modified or varied. Foothills shall, at such date as may be fixed by the designated officer, submit to the designated officer a plan schedule that sets out the date on which each plan referred to in subsection 14(1) is to be submitted to the designated officer. The plan schedule referred to in subsection (1), when approved by the designated officer, constitutes Foothills’ plan schedule and Foothills shall comply therewith. The designated officer may, at the request of Foothills, modify or vary the plan schedule referred to in subsection (2). Foothills shall cause information to be provided in respect of the planning and construction of the pipeline to the Government of Canada, the government of the Province, the Northern British Columbia Advisory Council, communities situated in the vicinity of the Swift River portion of the pipeline and the communities of Teslin and Watson Lake in the Yukon Territory, and 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 on the request of that government, council, community or organization except a community or an organization that does not have, in the opinion of Foothills or the designated officer, a bona fide need for the information. 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 the route alignment and construction schedules of the pipeline; the potential opportunities resulting from the construction of the pipeline for the residents in the vicinity of the pipeline; the proposed use of any land or waterbody; any significant adverse environmental impact resulting from the construction of the pipeline; and any other matter specified by the designated officer. 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. Foothills shall facilitate public access to the information referred to in section 16. 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. 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. Foothills shall report to the designated officer the significant results of any consultation pursuant to subsection (1). 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. Foothills shall identify and make available a person to assist Foothills in disseminating the information referred to in section 16; arranging consultations; and performing any liaison function that may be required. 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. 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. 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. 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. Foothills shall ensure that, where practical, the use by Foothills of telecommunication services for the pipeline does not adversely affect the telecommunication services in the Province; and 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. 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. 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. Foothills, in consultation with the Government of Canada, the government of the Province and the Royal Canadian Mounted Police, shall maintain security of the pipeline; provide physical security in respect of each campsite or worksite established by Foothills and the building and property of Foothills; and 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 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, accommodation, including accommodation for prisoners, office space and storage facilities for police supplies and equipment, 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 such goods or services as are necessary for the maintenance of reasonable living standards, having regard to local conditions. 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 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; establish methods, including appropriate identification practices, to facilitate the recovery of equipment or supplies belonging to Foothills that have been lost or stolen; prohibit access to any campsite established by Foothills by any unauthorized person; designate a person to whom all policing matters are to be referred; and provide sufficient information to enable the Royal Canadian Mounted Police to establish the nature and extent of the policing required on the pipeline; a working arrangement between Foothills’ security personnel and the Royal Canadian Mounted Police; and a system of reporting on policing matters. Foothills shall not permit the possession by any person employed in the construction of the pipeline of a firearm or game-hunting device on any portion of the pipeline right-of-way where construction activity has commenced, or 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. 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. 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. Foothills, when directed by the designated officer, shall undertake special studies of the socio-economic impact of the pipeline. Every special study referred to in subsection (1) shall be forwarded to the Agency on its completion. Foothills shall establish procedures and allocate resources for the purpose of assessing the effectiveness of its compliance with this Part; and on the request of the designated officer, assess the effectiveness of its compliance with this Part and report the assessment to the Agency. 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. 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 immediately take action to prevent further damage; immediately inform the owner of the property of the nature of the damage; and arrange, as soon as possible, for compensation, the repair of the damage, or the replacement of the damaged property. 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). Where 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 the claimant referred to in paragraph (a) agrees with Foothills to enter into an arbitration submission governed by the provision of the Arbitration Act (British Columbia), and 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. 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 the hunting, trapping and fishing areas used by native people in the vicinity of the Swift River portion of the pipeline, and 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. 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. 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. 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, any conflict with the seasonal use of hunting, trapping and fishing areas; and the disturbance of areas of cultural importance set out in the inventory referred to in section 41. 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. plan and construct the pipeline efficiently and expeditiously; and minimize to the extent possible any adverse environmental impact. Where, in this Part, Foothills is required to make plans, take measures and implement procedures in respect of the environment, Foothills shall incorporate in such plans, measures and procedures those environmental practices ordinarily followed in constructing and operating pipelines in the Province; and 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. 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. Where Foothills proposes a location of the pipeline or a portion thereof to the designated officer for approval, Foothills 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. Foothills shall, in the construction and operation of the pipeline, take measures satisfactory to the designated officer to minimize to the satisfaction of the designated officer any change in the existing physical or biological conditions arising from the consequences of thaw settlement. Foothills shall inspect, to the satisfaction of the designated officer, the implementation of the measures referred to in section 49 and shall, when requested by the designated officer, monitor to the satisfaction of the designated officer, the effectiveness of those measures. Foothills shall, in the planning and construction of the pipeline, take such measures as are satisfactory to the designated officer to minimize disturbance of erosion-sensitive terrain; and minimize construction on erosion-sensitive terrain during periods in which erosion is most likely to be initiated. Foothills shall design and implement erosion control measures satisfactory to the designated officer in respect of those areas through which the pipeline passes to minimize any interference with any other use of land or water and to protect the environment. 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 any change in the natural drainage patterns, and any increase in the sediment loading in waterbodies of those areas through which the pipeline passes. Foothills shall implement such measures as are satisfactory to the designated officer to rehabilitate land disturbed by the construction or operation of the pipeline. 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. Where land is to be rehabilitated pursuant to section 54 or revegetated pursuant to section 55, 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: the control of erosion and its impacts, the protection or enhancement of important wildlife habitat, and 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). 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 52, the rehabilitation measures referred to in section 54 and the revegetation measures referred to in section 55. Foothills shall, where a revegetation measure referred to in section 55 is taken that involves the seeding of land, use only seed mixes acceptable to the government of the Province; take such measures as are satisfactory to the designated officer to minimize the entry of noxious weeds into the area through which the pipeline passes on construction equipment used by Foothills; and take such measures as are satisfactory to the designated officer to control infestations of noxious weeds caused by the construction of the pipeline. 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 52, the rehabilitation measures referred to in section 54, the revegetation measures referred to in section 55 and the measures relating to noxious weeds referred to in paragraphs 58(b) and (c). Foothills shall, in carrying out the inspection pursuant to subsection (1), evaluate the effectiveness of the measures referred to in that subsection 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. Where, in the opinion of the designated officer, the measures referred to in subsection (1) are ineffective, Foothills shall implement such remedial measures as are satisfactory to the designated officer. Foothills shall not leave significant quantities of deleterious substances, as defined in the Fisheries Act for the purpose of sections 31, 33, 33.1 and 33.2 of that Act, sediment, silt or wood chips resulting from the construction of the pipeline in any area where they are likely to enter into any waterbody. 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. 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. 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. Foothills shall, when requested by the designated officer and at such intervals as are satisfactory to him, sample the water receiving aqueous run-off or discharge resulting from the construction or operation of the pipeline and analyze its quality by a method satisfactory to the designated officer. 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 to control air pollution and to disperse and, where possible, reduce any ice fog resulting from the operation of the pipeline; and to preserve the aesthetic value of the landscape in the vicinity of the pipeline. 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 the health or recreation of any person; transportation; or wildlife and wildlife habitat. Foothills shall, at each compressor station selected by the designated officer, sample and analyze air quality in the vicinity of that compressor station, sample and analyze gaseous emissions from the compressor station, and record the quantity and type of fuel consumed at that compressor station by a method and at times approved by the designated officer. Foothills shall report to the designated officer, when requested by him, the results of the sampling and analysis and measurements referred to in paragraphs (1)(a) and (b) and the record of the quantity and type of fuel consumed referred to in paragraph (1)(c). Foothills shall incorporate noise abatement devices in the design of any compressor station it installs for the pipeline. 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 persons residing in the vicinity of the pipeline; wildlife referred to in section 70, whose continued existence is threatened in the areas of land and waterbodies set out in the list referred to in that section during the periods of time set out in the list in respect of such wildlife; and livestock in the vicinity of the pipeline. Foothills shall, when requested by the designated officer and in a manner satisfactory to him, measure noise levels caused by the operation of pipeline facilities and equipment and shall report, within a reasonable period of time, the noise levels so measured to the designated officer. Where, in the opinion of the designated officer, any noise level reported to him pursuant to subsection (1) disturbs persons, wildlife or livestock referred to in section 68, Foothills shall take such remedial measures as are satisfactory to the designated officer. Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him for his approval a list setting out 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 threaten the continued existence of significant wildlife populations; or result in significant adverse effects on significant wildlife populations. 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 set out in the list referred to in section 70 is minimized. Foothills shall take such measures as are satisfactory to the designated officer to prevent big game animals from being obstructed or entrapped by the construction of the pipeline. Where requested by the designated officer, Foothills shall, during the construction and operation of the pipeline, monitor, at such locations and times and for such periods as are satisfactory to the designated officer, the impact resulting from the construction and operation of the pipeline on the habitat, seasonal distribution and movement of significant wildlife populations. Foothills shall, in carrying out the monitoring pursuant to subsection (1), evaluate the effectiveness of its measures to mitigate any adverse impact on significant wildlife populations and shall, when requested by the designated officer, report to him the result of such monitoring. Where, in the opinion of the designated officer, the proposed location of the pipeline or the construction schedule of the pipeline referred to in section 71 is such that it does not minimize the adverse environmental impact on wildlife, or the measures taken pursuant to section 72 are ineffective Foothills shall take such remedial measures as are satisfactory to the designated officer. Foothills shall take such measures as are satisfactory to the designated officer to prevent the construction and operation of the pipeline from unreasonably interfering with hunting, guiding or trapping in the vicinity of the pipeline. Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him for his approval a list setting out 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. The areas referred to in subsection (1) shall include fish spawning and rearing grounds, overwintering areas and migration routes in the waterbodies through which the pipeline passes. The periods of time referred to in subsection (1) shall include those periods for the spawning, incubation, emergence and rearing and migration of the fish. Where Foothills prepares construction schedules for the pipeline, Foothills shall prepare the schedule in such a manner that when the construction of the pipeline is carried out any adverse impact of the construction of the pipeline on the fish in any fish habitat and during the periods of time in respect of that habitat set out in the list referred to in subsection 76(1) is minimized to the satisfaction of the designated officer. Where the pipeline or any facility is scheduled to be constructed at a time, or located at a place that may be disruptive to significant fish populations, Foothills shall take such measures as are satisfactory to the designated officer to avoid or minimize, to the satisfaction of the designated officer, any adverse environmental effects on significant fish populations and fish habitat. Foothills shall implement construction and operation practices to protect, to the satisfaction of the designated officer, significant fish populations and fish habitat against any adverse effect of any siltation, excavation of granular materials, spills of fuel or toxic chemicals, changes in water temperature and chemistry or reduction in dissolved oxygen in the water in any waterbody through which the pipeline passes. Foothills shall not, during the construction of the pipeline, unless permitted by the designated officer, obstruct fish migration routes during any periods set out in the list referred to in subsection 76(1) by any blockage, diversion or prolonged acceleration of water flow; or during such period, withdraw water from overwintering areas or from groundwater directly replenishing those areas. Where Foothills places a culvert in a waterbody frequented by fish populations, Foothills shall take such measures as are satisfactory to the designated officer to allow the passage of fish populations through the culvert during any period set out in the list referred to in subsection 76(1). Foothills shall take measures satisfactory to the designated officer to prevent the construction and operation of the pipeline from unreasonably interfering with any domestic, commercial or sport fishing or adversely affecting any fishing area in any area through which the pipeline passes. When requested by the designated officer, Foothills shall, in a manner satisfactory to him, monitor fish movements and fish habitat utilization during the construction of the pipeline. Foothills shall, in carrying out the monitoring referred to in subsection (1), evaluate the effectiveness of the construction schedule referred to in section 77, the measures referred to in sections 78, 81 and 82, and the practices referred to in section 79 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 monitoring referred to in subsection (1). Where, in the opinion of the designated officer, the measures or practices referred to in section 78, 79, 81 or 82 are ineffective, Foothills shall take such remedial measures as are satisfactory to the designated officer. Foothills shall, in consultation with the government of the Province, identify each area of natural or cultural significance in the vicinity of the proposed route of the pipeline and shall propose a location of the pipeline that, insofar as possible, does not pass through that area. 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. Foothills shall take such measures as are satisfactory to the designated officer to minimize the adverse impact of the construction of the pipeline within 2 km of the limits of any park, wildlife or game sanctuary, ecological reserve, International Biological Program site, historical or archaeological site or research, conservation or recreation site proposed or established under any law of Canada or of the Province. Foothills shall obtain the approval of the designated officer before commencing the construction of any portion of the pipeline within 30 m of a monument, archaeological site or burial ground. Foothills shall establish and conduct an archaeological program satisfactory to the designated officer to identify, investigate and protect or excavate archaeological sites, and analyze archaeological and associated palaeoecological materials on land used for or disturbed by the construction of the pipeline. Foothills shall, at any time at the request of the designated officer and at the termination of the archaeological program referred to in section 88, submit to the designated officer a report satisfactory to the designated officer of the results of that program. 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 88 are retained at a place and under such arrangements as are approved by the government of the Province. Foothills shall immediately report any discovery of a historical or archaeological site to the designated officer and shall not disturb the site without his prior approval. In constructing the pipeline, Foothills shall avoid, where practicable, disturbance of geodetic or legal survey monuments. Where a geodetic monument is disturbed in the course of the construction of the pipeline, Foothills shall report such disturbance forthwith to the designated officer. 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. 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. 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 return it, as far as is practicable, to its previous level of productivity. 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. Where Foothills requires access to the pipeline for the purpose of maintenance through land that is fenced, Foothills shall, in consultation with the landowner or tenant, construct and maintain a gate in the fence for such access. Where Foothills has stabilized the surface of agricultural land and returned it as far as is practicable to its previous level of productivity pursuant to section 94, Foothills shall inspect to the satisfaction of the landowner or tenant agricultural land that may have been or may be affected by the pipeline; report, within a reasonable period of time, to the designated officer any evidence of any adverse environmental impact on agricultural land; and take such remedial measures as directed by the designated officer in respect of any agricultural land discovered by the inspection to be affected by the pipeline. 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. Foothills shall, in respect of the construction of the pipeline, clear vegetation from only those areas essential for the construction; cut, stack and dispose of any merchantable timber cleared by Foothills in such manner as is satisfactory to the designated officer; leave a buffer strip of undisturbed vegetation satisfactory to the designated officer between any area cleared by Foothills of vegetation and an adjacent waterbody, and between any area cleared of vegetation and an adjacent road; promptly remove any debris entering or likely to enter any waterbody as a result of the clearing of vegetation by Foothills; and take measures satisfactory to the designated officer to minimize windthrow in buffer strips. 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. Foothills shall not skid any logs along or across any unfrozen permanent river or stream channel or along any unfrozen intermittent stream channel. Foothills shall dispose of any debris resulting from the clearing of vegetation by Foothills in such manner as is satisfactory to the designated officer. 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.

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; 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 set out in the list referred to in section 70, any fish habitat set out in the list referred to in subsection 76(1) or any important fish harvesting area; and establish procedures satisfactory to the designated officer to contain and clean up any fuel or other hazardous material spilled, misused or allowed to escape. Foothills shall not, in constructing the pipeline, use bladder tanks to store fuel; or store fuel within 300 m of a waterbody unless it has obtained the approval of the designated officer. Where Foothills uses a fuel storage area containing any above-ground tank exceeding 5 000 l in capacity, Foothills shall surround that area by a dyke of reinforced concrete or a dyke of earth lined with plastic or other impervious material. 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. Where Foothills stores more than 5 000 l of fuel in storage facilities at any place, it shall establish procedures satisfactory to the designated officer to detect any loss of fuel from such storage facilities; and record all fuel transfers to and from such facilities. Where Foothills determines that a loss of fuel has occurred from a storage facility referred to in subsection (1), it shall investigate the cause of such loss and take such measures as are satisfactory to the designated officer to prevent further loss. Foothills shall establish procedures satisfactory to the designated officer to detect any loss of hazardous material at any storage or handling facility used by Foothills. Where there is any loss of hazardous material referred to in subsection (1), Foothills shall investigate the cause of the loss and take such measures as are satisfactory to the designated officer to prevent further loss. Foothills shall not use, transport or dispose of any radioactive materials, or use herbicides or pesticides except for domestic use unless such use, transportation or disposition, as the case may be, is approved by the designated officer. Foothills shall collect any liquid or solid wastes produced as a consequence of the construction, operation or abandonment of the pipeline and, where required by the designated officer, treat them in a manner satisfactory to the designated officer. Foothills shall dispose of the liquid or solid wastes referred to in subsection (1) in a manner satisfactory to the designated officer. Foothills shall not use a natural waterbody, swamp, marsh, bog or fen as a lagoon for the containment of any liquid or solid wastes referred to in subsection 109(1); or borrow pits as liquid or solid waste disposal sites unless such use is approved by the designated officer. Foothills shall submit to the designated officer for approval any proposed location for a liquid waste lagoon or solid waste disposal site for use by Foothills during the construction of the pipeline. Foothills shall minimize to the satisfaction of the designated officer any contamination of any waterbody or groundwater by waste from solid waste disposal sites. Foothills shall establish procedures satisfactory to the designated officer for the handling and disposal of any waste containing a hazardous material. Foothills shall meet any standards of composition as may be specified by the designated officer for the effluent from a liquid waste treatment system used by Foothills. Foothills shall discharge the effluent referred to in subsection (1) at times and under such conditions as are satisfactory to the designated officer. Foothills shall establish procedures satisfactory to the designated officer to prevent access by carnivorous mammals and bears to waste disposal sites, incinerator sites or other waste storage or treatment sites and to minimize the attractiveness of such sites to such mammals and bears. Foothills shall dispose of waste soil, rock, stumps, vegetation and other materials resulting from pipeline construction in such a manner as is satisfactory to the designated officer. Foothills shall, in such a manner as is satisfactory to the designated officer, monitor the operation of its liquid waste treatment facilities and the quantity and composition of effluent discharges therefrom, and monitor the effectiveness of its solid waste management procedures at such times as directed by the designated officer. Foothills shall forthwith report the results of the monitoring referred to in subsection (1) to the designated officer. Foothills shall take such remedial measures as directed by the designated officer in respect of solid waste management and liquid waste treatment. Where Foothills uses a borrow pit or quarry, Foothills shall minimize to the satisfaction of the designated officer the disturbance of the environment in the vicinity of the borrow pit or quarry; the amount of land used for the borrow pit or quarry; and the amount of materials extracted from the borrow pit or quarry. Foothills shall, where possible, use existing roads, trails or cutlines for access to borrow pits or quarries. Foothills shall leave buffer strips of undisturbed vegetation between any borrow pit or quarry that it opens and any adjacent road. Foothills shall not, without the approval of the designated officer, use a borrow pit or quarry adjacent to or within a waterbody, swamp, marsh, bog or fen. 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 minimize siltation in that waterbody, swamp, marsh, bog or fen, as the case may be. 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. Where Foothills is required to rehabilitate a borrow pit or quarry pursuant to subsection (1), it shall, to the satisfaction of the designated officer, stabilize the ground surface; and re-establish vegetation on such ground surface. Where Foothills uses any granular materials for the construction of the pipeline, it shall use such granular materials in a manner satisfactory to the designated officer and compatible with any other use of such materials by persons residing in that portion of the Province through which the pipeline passes. Foothills shall establish blasting procedures satisfactory to the designated officer to minimize any adverse effects on bird, fish or mammal populations, and any interference with fishing, hunting, guiding or trapping in the area through which the pipeline passes. Foothills shall not blast within 20 m of any waterbody, swamp or marsh without the approval of the designated officer. Where Foothills intends to blast, it shall advise persons living in the vicinity of its intention and of the time of the intended blasting. Foothills shall, when requested by the designated officer, submit to him site-specific data satisfactory to him on the hydrological or geotechnical conditions at any place where the pipeline crosses any waterbody. inspect every pipeline water crossing for evidence of deterioration in bank stability and stream bed condition, and when directed by the designated officer, monitor the consequences of any pipeline water crossing in such manner as is satisfactory to the designated officer. Foothills shall report to the designated officer, within a reasonable period of time, 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). 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. in respect of every waterbody referred to in the list required to be submitted pursuant to section 70 in respect of the threatened existence of wildlife, and in respect of every waterbody containing a fish habitat area referred to in the list required to be submitted pursuant to subsection 76(1), in which groundwater contributes significantly to winterflow in or under the bed of that waterbody, take such measures as are satisfactory to the designated officer to maintain adequate winter groundwater and channel flow in such waterbody. When constructing the pipeline across a stream, Foothills shall trench, lay pipe and backfill the banks of the stream as expeditiously as possible. Where the natural action of a stream will not restore the bed of such stream to its original shape and extent after the completion of construction, Foothills shall, unless otherwise directed by the designated officer, take measures to restore the stream to its original shape and extent by using the original material of the stream bed or other material of equivalent stability. Where Foothills withdraws water from or discharges water into a waterbody, it shall withdraw or discharge the water in a manner satisfactory to the designated officer and in a manner that will not have an unreasonably adverse effect on 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; the existing use of the waterbody from which the water withdrawal is made or into which the discharge is made; the transportation on or access to the waterbody from which the water withdrawal is made or into which the discharge is made; the trapping or fishing by persons residing in the vicinity of the pipeline; the fish populations in or dependent on the waterbody from which the water withdrawal is made or into which the discharge is made; and any waterfowl or mammal populations using any waterbody or its margins from which the water withdrawal is made or into which the discharge is made. Subject to subsection (2), Foothills shall not allow, during any withdrawal of water from a waterbody for hydrostatic testing, the rate of flow or depth of water in that waterbody to fall below such minimum as is specified by the designated officer. 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. Foothills shall, when designing or operating a camp water system, compressor station water system, granular material washing system or any other water related system, design or operate, as the case may be, that system in a manner that will minimize the use of water. Foothills shall, when carrying out hydrostatic testing of the pipeline, carry out such tests in a manner that will minimize the use of water. Foothills shall appoint a qualified person to supervise the withdrawal and discharge of water for the construction or testing of the pipeline. 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. 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 testing the pipeline. Foothills shall take such measures as are satisfactory to the designated officer to avoid spilling any test fluid other than as a result of the failure of the pipe when being tested; and to clean up the effect of any hydrostatic fluid that has been spilled. Foothills shall not discharge any hydrostatic test fluid unless the fluid meets such standards of composition for such test fluid as are satisfactory to the designated officer. Foothills shall conduct all hydrostatic tests of the pipeline in the presence of the designated officer or his authorized representative. Where Foothills is required to submit to the designated officer for approval the design and location of any permanent 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 constructing, operating or abandonment of the road or facility, Foothills shall take into account the local and regional environment including the following: hydrological characteristics; terrain conditions; ground thermal regime; wildlife and fish populations; land and water use for purposes other than for the pipeline; archaeological sites; and aesthetic value of the landscape and waterbodies. Foothills shall maintain every road surface in such a manner that cross drainage is both efficient and effective without causing accelerated erosion or ponding. Unless otherwise directed by the designated officer, Foothills shall install a bridge or culvert at every place where a road crosses a permanent or intermittent river or stream. 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. Foothills shall not construct or use a bridge over a waterbody that consists of logs on top of which earth has been placed. Where Foothills builds any snow access road, it shall, locate such road in a manner that minimizes disturbance to vegetation; and breach such road, where necessary, in preparation for spring run-off. Where Foothills builds any ice bridge it shall locate such ice bridge in a manner that minimizes approach grades and cuts in the river or stream over which the bridge is built. Foothills shall not use debris or fill in the construction of an ice bridge referred to in subsection (1). Foothills shall take such measures as are satisfactory to the designated officer to minimize the use by Foothills of machinery, transportation and construction equipment in any area other than public and access roads and the pipeline right-of-way. Where Foothills operates machinery, transportation or construction equipment within any waterbody, such operation shall take place during such time and in such manner as is satisfactory to the designated officer. Foothills shall equip and maintain all machinery and transportation and construction equipment with factory standard emission and noise control devices. 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. 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. 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. Foothills shall submit to the designated officer for approval one or more plans or manuals that set out the procedures and measures by which Foothills intends to comply with this Part; carry out any environmental requirements imposed by law; and carry out the protection of the environment other than by measures required by this Part. Foothills shall, by such date as may be fixed by the designated officer, submit to the designated officer a plan schedule for his approval that sets out the date each plan or manual referred to in subsection (1) is to be submitted to the designated officer. The plan schedule referred to in subsection (2), when approved by the designated officer, constitutes Foothills’ plan schedule and Foothills shall comply therewith. Where the designated officer approves a procedure or measure set out in a plan or manual submitted by Foothills pursuant to subsection 155(1), Foothills shall thereupon carry out such procedure or measure. Where, subsequent to the approval by the designated officer of any of the measures or procedures referred to in subsection 155(1), Foothills obtains any additional information of environmental significance relating thereto, Foothills shall forthwith report such information to the designated officer. Foothills shall submit to the designated officer, in accordance with a schedule approved by him, the environmental information used by it in preparing the plans or manuals referred to in subsection 155(1); construction scheduling and engineering design information necessary for a review and evaluation of the plans or manuals referred to in subsection 155(1); environmental information necessary to evaluate potential environmental impacts; and information in respect of the environment in the vicinity of the pipeline prior to the commencement of the construction of the pipeline necessary to measure any environmental impact. When requested by the designated officer Foothills shall submit to him information in respect of those areas where thaw settlement may require measures to be taken to comply with section 49; and any studies, reports, analyses or other material on which the information submitted pursuant to section 70 and 76 are based. 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 48, such studies, data or information shall be submitted by Foothills to the designated officer when requested by him. When requested by the designated officer and in a manner satisfactory to him, Foothills shall submit to him, environmental and other information necessary for the determination of the pipeline location; and any procedures or measures proposed by Foothills as alternatives to the procedures or measures referred to in subsection 155(1).