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General (continued)

Emergency Measures (continued)

 Foothills shall, to the satisfaction of the designated officer, designate and train persons working on the pipeline to carry out the emergency procedures referred to in section 10.

 Foothills shall take such measures as are necessary to maintain equipment and supplies intended for use in dealing with emergencies in proper working order.

 Where any emergency arises in the course of construction or operation of the pipeline, Foothills shall forthwith advise the designated officer of the emergency and of the measures taken to deal with it.

PART ISocio-Economic Terms and Conditions

Undertakings

 Where Foothills gives an undertaking to any community or organization referred to in subsection 21(1) during consultations required by that section and the undertaking is accepted by that community or organization, Foothills shall, unless otherwise directed by the designated officer within 30 days of the giving of the undertaking, comply with that undertaking.

Plans

  •  (1) Subject to subsection (2), where, pursuant to this Part, Foothills is required to submit a plan in respect of any matter to the designated officer for his approval, that plan, when approved, constitutes Foothills’ plan for that matter and Foothills shall comply therewith.

  • (2) The designated officer may, on giving Foothills reasonable notice in writing, modify or vary any provision set out in a plan referred to in subsection (1) and Foothills shall comply with the plan as so modified or varied.

Plan Schedule

  •  (1) Foothills shall, within 30 days of the coming into force of this Part or at such later date as may be fixed by the designated officer, submit to the designated officer for his approval a plan schedule that sets out the date on which each plan referred to in subsection 15(1) is to be submitted to the designated officer.

  • (2) The plan schedule referred to in subsection (1), when approved by the designated officer, constitutes Foothills’ plan schedule and Foothills shall comply therewith.

  • (3) The designated officer may, at the request of Foothills, modify or vary the plan schedule referred to in subsection (2).

Information and Consultation

  •  (1) Foothills shall provide information in respect of the planning and construction of the pipeline to

    • (a) the Government of Canada;

    • (b) the government of the Province;

    • (c) communities situated in the vicinity of the pipeline;

    • (d) Indian, Metis and non-status Indian organizations in the Province; and

    • (e) any special interest group requesting such information except a special interest group that does not have, in the opinion of Foothills or the designated officer, a bona fide need for the information.

  • (2) The information referred to in subsection (1) shall be provided in a form and manner satisfactory to the designated officer and shall include information in respect of

    • (a) the route alignment and construction schedules of the pipeline;

    • (b) the anticipated impact of the pipeline on the communities situated in the vicinity of the pipeline;

    • (c) the potential opportunities resulting from the construction of the pipeline for the residents in the vicinity of the pipeline;

    • (d) the proposed use of any land or waterbody;

    • (e) any significant adverse environmental impact resulting from the construction of the pipeline;

    • (f) the opportunities referred to in sections 26 and 27; and

    • (g) any other matter specified by the designated officer.

 Foothills shall facilitate public access to the information referred to in section 17 and shall ensure that those communities situated in the vicinity of the pipeline have access to the information.

 Foothills shall consult with the government of the Province, communities in the vicinity of the pipeline, Indian, Metis and non-status Indian organizations in the Province and any special interest group in the Province, on the request of that group, to ascertain their requirements for information.

 Where a public meeting, workshop or seminar is convened in a community in the vicinity of the pipeline for the purpose of disseminating information in respect of the pipeline, Foothills shall, when directed by the designated officer, make available informed persons to assist in the dissemination of such information.

  •  (1) Where Foothills receives a direction from the designated officer to consult with any community in the Province or any Indian, Metis or non-status Indian organization in the Province in respect of any matter in connection with the construction or operation of the pipeline, Foothills shall, within 30 days of receiving such direction, consult with that community or organization.

  • (2) Foothills shall report to the designated officer the significant results of any consultation pursuant to subsection (1).

 Where Foothills, at any time, consults with any contractor or labour organization in respect of any matter critical to construction progress, Foothills shall report the significant results of such consultation to the designated officer.

 Foothills shall identify and make available a person to assist Foothills in

  • (a) disseminating the information referred to in section 17;

  • (b) arranging consultations with communities situated in the vicinity of the pipeline; and

  • (c) performing any liaison function with such communities.

 Foothills shall submit to the designated officer for his approval a plan, to be known as the information plan, that sets out the manner in which Foothills intends to carry out the provisions of sections 17 to 19 and sections 22 and 23.

Orientation of Employees

 Foothills shall, in consultation with the government of the Province and in respect of those persons who commence work on the construction of the pipeline, carry out an orientation program that includes environmental information to assist such persons to become familiar with their working conditions and to become aware of the potential to damage the environment.

Opportunity Measures

 Foothills shall

  • (a) ensure that Indian, Metis and non-status Indian people of the Province have access to training and employment opportunities in respect of the construction or operation of the pipeline;

  • (b) ensure that women of the Province have access to employment opportunities in respect of the construction or operation of the pipeline; and

  • (c) provide appropriate support measures in relation to training, recruitment and employment practices to meet any special needs of women and of Indian, Metis and non-status Indian people of the Province to enable them to take maximum advantage of the opportunities referred to in paragraphs (a) and (b).

 Foothills shall ensure that Indian, Metis and non-status Indian people of the Province have a fair and competitive opportunity to participate in the supply of goods and services for the pipeline.

 Foothills shall, following consultation with Indian, Metis and non-status Indian organizations in the Province, and when directed by the designated officer, any women’s organizations in the Province, submit to the designated officer for his approval a plan, to be known as the opportunity measures plan that sets out the manner in which Foothills intends to carry out the provisions of sections 26 and 27.

Security

 Foothills, in consultation with the Government of Canada, the government of the Province and the Royal Canadian Mounted Police, shall

  • (a) maintain security on the pipeline, and

  • (b) cooperate with and give assistance to the Royal Canadian Mounted Police to enable the Royal Canadian Mounted Police to carry out its law enforcement duties.

 For the purpose of promoting effective law enforcement in the area through which the pipeline passes, Foothills, in consultation with the Royal Canadian Mounted Police, shall

  • (a) provide the Royal Canadian Mounted Police with immediate access to the pipeline and to persons employed in the construction or operation of the pipeline; and

  • (b) provide sufficient information to enable the Royal Canadian Mounted Police to establish

    • (i) the nature and extent of the policing required on the pipeline,

    • (ii) a working arrangement between Foothills’ security personnel and the Royal Canadian Mounted Police, and

    • (iii) a system of reporting on policing matters.

 Foothills shall not permit the possession by any person employed in the construction of the pipeline of a firearm or game hunting device

  • (a) on any portion of the pipeline right-of-way where construction activity has commenced, or

  • (b) at any time in a campsite established by Foothills or on any property, vehicle or aircraft of Foothills

unless authorized, in writing, by the designated officer.

 
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