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  1. Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia - SI/80-128 (Section 2)
    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 Northern Pipeline Act to Foothills Pipe Lines (South B.C.) Ltd. in Respect of that Portion of the Pipeline in Southern British Columbia

    • 2 (1) In these terms and conditions,

      big game animals

      big game animals  means big game as defined in the Wildlife Act (British Columbia); (gros gibier)

      construction

      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)

      facility

      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

      fish  means fish as defined in the Fisheries Act; (poisson)

      fur-bearing animals

      fur-bearing animals  means fur-bearing animals as defined in the Wildlife Act (British Columbia); (animaux à fourrure)

      Indian

      Indian  means a person who, pursuant to the Indian Act, is registered as an Indian or is entitled to be registered as an Indian; (Indien)

      wildlife

      wildlife  means

      • [...]

      • (b) migratory game birds as defined in the Migratory Birds Convention Act,

    • (2) All other words and expressions have the same meaning as in the Act.


  2. Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia - SI/80-128
    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 Northern Pipeline Act to Foothills Pipe Lines (South B.C.) Ltd. in Respect of that Portion of the Pipeline in Southern British Columbia

    [...]

    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 B.C.) Ltd. [hereinafter called “Foothills (South B.C.)”] in respect of the pipeline defined in the said Act for that portion of the route in the south-eastern area of the Province of British Columbia as more particularly set forth in ANNEX I of SCHEDULE I to the said Act;

    [...]

    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

    [...]

    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 B.C.);

    • (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 B.C.), 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

    [...]


  3. Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia - SI/80-128 (Section 100)
    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 Northern Pipeline Act to Foothills Pipe Lines (South B.C.) Ltd. in Respect of that Portion of the Pipeline in Southern British Columbia

    100 Foothills shall, in respect of the construction of the pipeline,

    • [...]

    • (b) cut, stack and dispose of any merchantable timber cleared by Foothills in such manner as is satisfactory to the designated officer;

    • [...]

    • (d) promptly remove any debris entering or likely to enter any waterbody as a result of the clearing of vegetation by Foothills; and

    • (e) take such measures as are satisfactory to the designated officer to minimize windthrow in buffer strips.


  4. Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia - SI/80-128 (Section 95)
    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 Northern Pipeline Act to Foothills Pipe Lines (South B.C.) Ltd. in Respect of that Portion of the Pipeline in Southern British Columbia

    95 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 the extent possible, to return it to its previous level of fertility.


  5. Northern Pipeline Socio-Economic and Environmental Terms and Conditions for Southern British Columbia - SI/80-128 (Section 128)
    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 Northern Pipeline Act to Foothills Pipe Lines (South B.C.) Ltd. in Respect of that Portion of the Pipeline in Southern British Columbia

    128 When constructing the pipeline across a stream, Foothills shall trench, lay pipe and backfill as expeditiously as possible.


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