Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia (SI/80-128)
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Regulations are current to 2013-05-20
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 II
ENVIRONMENTAL TERMS AND CONDITIONS
General
51. Foothills shall
(a) plan and construct the pipeline efficiently and expeditiously; and
(b) minimize to the extent possible any adverse environmental impact.
52. Where, in this Part, Foothills is required to make plans, take measures and implement procedures in respect of the environment, Foothills shall
(a) incorporate in such plans, measures and procedures those environmental practices ordinarily followed in constructing and operating pipelines in the Province; and
(b) comply with those standards established under the laws of the Province that are applicable to any pipeline constructed and operated under the laws of the Province except where such standards are inconsistent with the Act, any terms and conditions made thereunder or any other law of Canada.
Terrain, Landscape and Waterbodies
53. Foothills shall, in the planning and construction of the pipeline, minimize to the satisfaction of the designated officer any adverse environmental impact on land through which the pipeline passes and on waterbodies or groundwater in the vicinity of the pipeline.
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