Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

PART ISocio-Economic Terms and Conditions (continued)

Surveillance, Inspection and Monitoring

 Foothills shall ensure the maintenance and availability, for examination at any time by the Agency, of such of its records pertaining to its activities in the Province as may be required by the Agency to determine compliance with this Part.

 Foothills shall report to the Agency, at such times as may be required by the designated officer, on the measures that have been taken by Foothills in complying with this Part.

  •  (1) Foothills, when directed by the designated officer, shall undertake special studies of the socio-economic impact of the pipeline.

  • (2) Every special study referred to in subsection (1) shall be forwarded to the Agency on its completion.

 Foothills shall

  • (a) establish procedures and allocate resources for the purpose of assessing the effectiveness of its compliance with this Part; and

  • (b) on the request of the designated officer, assess the effectiveness of its compliance with this Part and report the assessment to the Agency.

Compensation for Damage to Property

 Foothills shall be liable for any damage to property directly or indirectly caused by Foothills, a contractor of Foothills or a subcontractor of that contractor in connection with or resulting from their activities in the construction or operation of the pipeline.

 Where, in the course of construction or operation of the pipeline, any damage is either directly or indirectly caused by Foothills, a contractor of Foothills or a subcontractor of that contractor to any property, other than the property of Foothills, a contractor of Foothills or a subcontractor of that contractor, Foothills shall

  • (a) immediately take action to prevent further damage;

  • (b) immediately inform the owner of the property of the nature of the damage; and

  • (c) arrange, as soon as possible, for

    • (i) compensation,

    • (ii) the repair of the damage, or

    • (iii) the replacement of the damaged property.

 Foothills shall submit to the designated officer, in a manner determined by him, information in respect of any unresolved matter referred to in paragraph 37(c).

 Where

  • (a) Foothills and a claimant against Foothills fail to agree as to liability or compensation for damage for which the claimant alleges Foothills is responsible, and

  • (b) the claimant referred to in paragraph (a) agrees with Foothills

    • (i) to enter into an arbitration submission governed by the provisions of The Arbitration Act, (Alberta), and

    • (ii) a decision of the arbitrator is binding and conclusive,

Foothills shall enter into such arbitration submission and shall pay all costs of and incidental to any arbitration proceedings pursuant thereto except where the arbitrator determines that the claim is frivolous.

Protection of Native Traditional Harvesting and Cultural Areas

  •  (1) Foothills shall, following consultation with the government of the Province and Indian, Metis and non-status Indian organizations in the Province, submit to the designated officer, in a manner and form satisfactory to him, an inventory that sets out the hunting, trapping and fishing areas used by the Indian, Metis or non-status Indian people in the vicinity of the pipeline and any area of cultural importance to Indian, Metis or non-status Indian people in the vicinity of the pipeline and a resource use analysis of such 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.

 In locating the pipeline or any portion thereof, Foothills shall, following consultation with the government of the Province and Indian, Metis and non-status Indian organizations in the Province, locate the pipeline in such a manner that minimizes, 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 section 40.

 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 Indian, Metis and non-status Indian organizations in the Province, propose a schedule that minimizes 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 40.

 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 41 and 42.

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 take measures and implement procedures in respect of the environment, Foothills shall

  • (a) incorporate in such 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.

Terrain, Landscape and Waterbodies

  •  (1) Foothills shall minimize, to the satisfaction of the designated officer, the areas of land and the waterbodies to be used in the construction of the pipeline and the physical disturbance of any land or waterbody so used.

  • (2) Foothills shall take measures in the planning and construction of the pipeline to minimize, to the satisfaction of the designated officer, any adverse environmental impact on land through which the pipeline passes and on waterbodies or groundwater in the vicinity of the pipeline.

 Where Foothills proposes a location of the pipeline or any portion thereof to the designated officer for approval, it shall, in a manner satisfactory to the designated officer, take into account the effect, if any, of the construction or operation of the pipeline on the existing or potential uses of any land or waterbody through which the pipeline is proposed to pass.

Prevention of Erosion and Drainage Disturbances

 Foothills shall, in the planning and construction of the pipeline, take such measures as are satisfactory to the designated officer to

  • (a) minimize disturbance on erosion-sensitive terrain; and

  • (b) minimize construction on erosion-sensitive terrain during periods in which erosion is most likely to be initiated.

 Foothills shall design and implement erosion control measures satisfactory to the designated officer to protect the pipeline, minimize interference with any other use of land or water and to protect the environment of any area through which the pipeline passes.

Reclamation and Revegetation

 Foothills shall implement such measures as are satisfactory to the designated officer to reclaim land, other than agricultural land, disturbed by the construction or operation of the pipeline.

 Foothills shall take measures to revegetate land, other than agricultural land, to the satisfaction of the designated officer, disturbed by the construction or operation of the pipeline as soon as practicable and in a manner that complements any other measure Foothills takes to control drainage and erosion.

 Where land is to be reclaimed pursuant to section 50 or revegetated pursuant to section 51, Foothills shall give priority to the following objectives:

  • (a) the control of erosion and its impact, and

  • (b) the restoration of the aesthetic value of the land

and such priority shall be given in the order set out in paragraphs (a) and (b).

  •  (1) Where measures referred to in section 51 are taken that involve the seeding of land, Foothills shall use only seed mixes of certified status.

  • (2) Where a seed mix of certified status is not available in sufficient quantity for any revegetation referred to in section 51, Foothills shall take such measures as are satisfactory to the designated officer to encourage the invasion of plants native to the Province for such revegetation.

  •  (1) Foothills shall, from time to time, inspect the erosion control measures referred to in section 49, the reclamation measures in section 50 and the revegetation measures referred to in section 51 and evaluate the effectiveness of such measures.

  • (2) Where, in the opinion of the designated officer, the measures referred to in subsection (1) are ineffective, Foothills shall implement such remedial measures as are satisfactory to the designated officer.

 
Date modified: