Protection of Native Traditional Harvesting and Cultural Areas

  •  (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.

 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,

  • (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.

 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

 Foothills shall

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

  • (b) 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

  • (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.