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
ORDER NO. NP-MO-11-80
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
(a) an undertaking of every company insofar as the undertaking relates to the company and to the portion of the route indicated in the Agreement in respect of such company; and
(b) a term or condition set out in Schedule III.
And Whereas pursuant to the provisions of subsection 20(4) of the said Act the Designated Officer may, with the approval of the Governor in Council, rescind, amend or add to the terms and conditions set out in Schedule III to the said Act.
Now Therefore the Designated Officer, Northern Pipeline Agency, pursuant to the provisions of subsection 20(4) of the Northern Pipeline Act, hereby
(a) rescinds Condition 7 of Schedule III to the Act, insofar as it applies to Foothills (South Yukon) for that portion of the route, now referred to as “Swift River Portion”, in the northern area of the Province of British Columbia;
(b) rescinds those undertakings in respect of social and economic matters and environmental, fisheries and agricultural concerns deemed, pursuant to the provisions of subsection 21(2) of the Act, to be terms or conditions set out in Schedule III to the Act, insofar as they apply to Foothills (South 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
(c) adds to the terms and conditions set out in Schedule III to the Act the terms and conditions annexed hereto and titled Northern Pipeline Socio-Economic and Environmental Terms and Conditions for 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
1 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.
Act means the Northern Pipeline Act; (Loi)
- agricultural land
agricultural land means any land that is
- agricultural land reserve
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
big game animals means big game as defined in the Wildlife Act (British Columbia); (gros gibier)
- borrow pit
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
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
fur-bearing animals means fur-bearing animals as defined in the Wildlife Act (British Columbia); (animaux à fourrure)
- grazing reserve
grazing reserve, means a grazing reserve established under the Land Act (British Columbia) for the purpose of grazing livestock; (pâturage)
- hazardous material
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
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
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
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)
(a) big game animals and fur-bearing animals that are native to the Province,
(b) migratory game birds as defined in the Migratory Birds Convention Act,
(c) all Galliformes native to the Province,
(d) all species of the orders Falconiformes and Strigiformes, and
(e) rare and endangered species of birds, mammals, reptiles and amphibians. (faune)
(2) All other words and expressions have the meaning assigned to them in the Act.
3 These terms and conditions are added to the terms and conditions set out in Schedule III to the Act and shall apply to Foothills but, unless the context otherwise requires, shall only apply to the construction and operation of the pipeline in the Swift River portion of the pipeline.
Compliance With the Law
4 Foothills shall, in the construction and operation of the pipeline, comply with the laws of Canada and the laws of the Province.
5 (1) Subject to subsection (2), Foothills shall, when entering into any contract with a contractor for the construction, 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.
(2) Where an application is made by Foothills to the designated officer to exempt Foothills from the requirement referred to in subsection (1) in respect of the observing of or compliance with any provision of Part I, the designated officer may exempt Foothills from that requirement in respect of that provision.
(3) 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.
Assistance to the Designated Officer
6 When requested by the designated officer, Foothills shall give him any reasonable assistance that he may require to carry out his duties in respect of the pipeline and shall furnish him with such information in respect of the construction and operation of the pipeline as he may request.
Access to Right-of-Way of Pipeline
7 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.
8 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
(a) the construction or operation of the pipeline;
(b) the escape, ignition or explosion, for any cause, of gas or related hydrocarbons from or in the pipeline on the lands of Her Majesty;
(c) any act or omission on the part of Foothills, its contractors and their subcontractors and its or their officers, servants, agents or employees in respect of or in relation to the pipeline on the lands of Her Majesty; and
(d) any act or omission on the part of any officer, servant, agent or employee of Her Majesty, in respect of or in relation to the pipeline on the lands of Her Majesty, not including such acts or omissions as would in law constitute gross negligence.
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