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PART ISocio-Economic Terms and Conditions (continued)

Opportunity Measures (continued)

 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.

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.

Air Quality

 Where Foothills submits to the designated officer for his approval proposals for the design and location of a compressor station for the pipeline, Foothills shall include in the submission the measures it proposes

  • (a) to control air pollution and to disperse and, where possible, reduce any ice fog resulting from the operation of the pipeline; and

  • (b) to preserve the aesthetic value of the landscape in the vicinity of the pipeline.

 Foothills shall, in the operation of a compressor station, take such measures as are satisfactory to the designated officer to minimize any adverse effects of air pollution and ice fog resulting from the operation of the pipeline on

  • (a) the health or recreation of any person; or

  • (b) transportation.

  •  (1) Foothills shall, at each compressor station selected by the designated officer, sample and analyze air quality in the vicinity of that compressor station by a method and at such times as are satisfactory to the designated officer.

  • (2) Foothills shall report to the designated officer, when requested by him, the results of the sampling and analysis referred to in subsection (1).

Noise

 Foothills shall incorporate noise abatement devices in the design of any compressor station it installs for the pipeline.

 Foothills shall, in the construction and operation of the pipeline, take such noise abatement measures as are satisfactory to the designated officer to minimize the disturbance by noise of

  • (a) persons residing in the vicinity of the pipeline; and

  • (b) wildlife, referred to in paragraph 62(a), in the areas of land and waterbodies during the periods of time described in the information referred to in section 62 in respect of such wildlife.

  •  (1) Foothills shall, when requested by the designated officer and in a manner satisfactory to him, record noise levels caused by the operation of pipeline facilities and equipment and shall report, within a reasonable period of time, the noise levels so recorded to the designated officer.

  • (2) Where, in the opinion of the designated officer, any noise level reported to him pursuant to subsection (1) disturbs or is likely to disturb the persons or wildlife referred to in section 59, Foothills shall take such remedial measures to lower that noise level as are satisfactory to the designated officer.

Wildlife

 Foothills shall take such measures as are satisfactory to the designated officer to minimize any adverse impact resulting from the construction or operation of the pipeline on any indigenous species of birds, mammals, reptiles or amphibians that occupy areas or exist in numbers so small that, in the opinion of the designated officer, their existence would likely be threatened by the construction or operation of the pipeline.

 Foothills shall, when requested by the designated officer and following consultation with the government of the Province, submit to him information satisfactory to the designated officer in respect of those areas of land and waterbodies in which, and the periods of time in respect of those areas and waterbodies during which, the construction or operation of the pipeline may

  • (a) threaten the continued existence of significant wildlife populations; or

  • (b) result in significant adverse effects on significant wildlife populations.

 Foothills shall, in a manner satisfactory to the designated officer, prepare construction schedules for the pipeline and propose the location of the pipeline in such a manner that when the construction of the pipeline is being carried out the adverse impact on wildlife in any areas and during any periods of time in respect of those areas described in the information referred to in section 62 is minimized.

 Foothills shall take such measures as are satisfactory to the designated officer

  • (a) to prevent big game animals from being obstructed or entrapped by the construction of the pipeline; and

  • (b) to prevent unreasonable interference with trapping in the vicinity of the pipeline.

  •  (1) Foothills shall, from time to time during construction of the pipeline, inspect those areas described in the information referred to in section 62 in which the continued existence of significant wildlife populations may be threatened.

  • (2) Foothills shall, in carrying out an inspection referred to in subsection (1), evaluate the effectiveness of its measures to mitigate any adverse impact on wildlife and shall, when requested by the designated officer, report to him the results of the evaluation.

 

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