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  1. Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia - SI/81-21
    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 Yukon) Ltd. in Respect of the Swift River Portion of the Pipeline in the Province of 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 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 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 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

    [...]


  2. Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia - SI/81-21 (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 Yukon) Ltd. in Respect of the Swift River Portion of the Pipeline in the Province of British Columbia
    •  (1) In these terms and conditions,

      big game animals

      big game animals  means big gameas 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 fishas defined in the Fisheries Act; (poisson)

      fur-bearing animals

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

      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)

      wildlife

      wildlife  means

      • [...]

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


  3. Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia - SI/81-21 (Section 94)
    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 Yukon) Ltd. in Respect of the Swift River Portion of the Pipeline in the Province of British Columbia

     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.


  4. Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia - SI/81-21 (Section 117)
    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 Yukon) Ltd. in Respect of the Swift River Portion of the Pipeline in the Province of British Columbia
    •  (1) Foothills shall, in such a manner as is satisfactory to the designated officer,

      [...]

      at such times as directed by the designated officer.

    • [...]

    • (3) Foothills shall take such remedial measures as directed by the designated officer in respect of solid waste management and liquid waste treatment.


  5. Northern Pipeline Socio-Economic and Environmental Terms and Conditions for the Swift River Portion of the Pipeline in the Province of British Columbia - SI/81-21 (Section 97)
    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 Yukon) Ltd. in Respect of the Swift River Portion of the Pipeline in the Province of British Columbia

     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

    • [...]

    • (c) 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.



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