HomeMy WebLinkAboutBy-law 4073/92 TItI~ CORPORATION OF THE TOWN OF PICKERING
BY-LAW NO. 4073/92
Being a by-law to authorize the execution of a Cost
Sharing Agreement with the Regional Municipality of
Durham and a Pipeline Crossing Agreement with
Interprovincial Pipe Line Inc. respecting the
reconstruction of Whites Road between Finch Avenue
and Taunton Road.
WHEREAS, pursuant to the provisions of section 263 of the Municipal Act, R.S.O. 1990, chapter M.45,
the Council of The Corporation of the Town of Picketing has jurisdiction over that part of Whites Road
between Finch Avenue and Taunton Road, jurisdiction over it not having been conferred upon another
council; and
WHEREAS, pursuant to the provisions of section 284(1) of the Municipal Act, the Council of The
Corporation of the Town of Pickering shall keep in repair every highway over which it has jurisdiction;
and
WHEREAS, pursuant to the provisions of section 191(1) of the Municipal Act, the Council of The
Corporation of the Town of Pickering may pass by-laws for acquiring any land or interest therein for the
purposes of the corporation;
NOW THEREFORE the Council of The Corporation of the Town of Pickering HEREBY ENACTS AS
FOLLOWS:
1. The Mayor and Clerk are hereby authorized to execute a Cost Sharing Agreement, in the form
attached hereto as Schedule A, between The Regional Municipality of Durham and The
Corporation of the Town of Pickering, respecting the reconstruction of that part of Whites Road
between Finch Avenue and Tanmon Road.
2. The Mayor and Clerk are hereby authorized to execute a Pipeline Crossing Agreement in the
form attached hereto as Schedule B, between Interprovincial Pipe Line Inc. and The
Corporation of the Town of Picketing, respecting the acquisition by The Corporation of the
Town of Pickering of a License to cross lands owned by Interprovincial Pipe Line Inc. in Lots
28 and 29, Concession 2, Pickering, in furtherance of the reconstruction of that part of Whites
Road between Finch Avenue and Taunton Road.
BY-LAW read a first, second and third time and finally passed this 4th day of August, 1992.
Wayne A.tth)a'~, Mayor
TOwN OF
APPROVED ~ Brace Taylor, Clerk
LEGAL DEPT.
SCHEDULE A
THIS AGREEMENT made this 4th day of August, 1992,
BETWEEN:
THE REGIONAL MUNICIPALITY OF DURHAM
herein called the "Region",
OF THE FIRST PART
-and-
THE CORPORATION OF THE TOWN OF PIC~I~NG.
herein called the "Town",
OF THE SECOND PART.
Whereas the Town has undertaken a Class Environmental Assessment for the reconstruction of Whites
Road from Finch Avenue to Taunton Road, in the Town of Picketing (herein called the "Road Section");
Whereas the Region has determined that the reconstruction of the Road Section is necessary in order
that the Region may incorporate the Road Section into the Regional Road system; and
Whereas the Town proposes to design and undertake, in two phases, the reconstruction of the Road
Section through the construction and installation of certain works and services as shown on Schedule A
hereto (herein called the "Works"), at a cost to it not to exceed $182,000;.
Now therefore this agreement witnesses that, in consideration of the premises and covenants contained
herein, the parties hereto for themselves and their respective successors and assigns agree each with the
other as follows:
1. In this agreement, "Commissioner" means the Commissioner of Works of the Region, or his
nominee.
2. The Town shall prepare, to the specifications and standards of the Region, the contract drawings
and documents for construction of the Works, which drawings and documents shall be approved
by the Commissioner.
3. The Town shall be the proponent of the project to construct the Works and shall comply with the
Environmental Assessment Act, obtaining all clearances lawfully required by the Ministry of the
Environment in respect thereof, including the preparation of an Environmental Study Report.
4. (1) The Town shall construct the Works in two phases,
(a) Phase 1 being from approximately 300 metres south of the centre line of
Concession Three Road (station 5+075) northerly approximately 1,400 metres
to the north limit of the project (station 6+475), and
(b) Phase 2 being from approximately 150 metres south of the centre line of
Concession Three Road (station 5+225) southerly approximately 2,045 metres
to the south limit of the project (station 3+179.8),
as detailed in the drawings and documents approved by the Commissioner, including
any relocation of aerial or buried utilities which in the opinion of the Commissioner
require relocation.
(2) Each Phase shall be constructed pursuant to a separate contract.
5. The tendering and awarding of the contract for each Phase of the construction of the Works shall
proceed as follows:
(a) the Town shall issue a tender call for the awarding of the contract for the Phase;
(b) the Town shall submit to the Commissioner the 'actual bid prices submitted in response
to the tender call and the Commissioner shall make a recommendation respecting the
awarding of the contract for the Phase;
(c) the Commissioner shall have at least ten working days to make the recommendation;
(d) the Commissioner may recommend that no contract for the Phase be awarded;
(e) the Commissioner's recommendation respecting the awarding of the contract for the
Phase shall be a condition precedent to the awarding of the contract for the Phase; and
(f) if the Commissioner recommends the awarding of the contract for the Phase, the Town
shall award the contract for the Phase in accordance with that recommendation.
6. The Town and the Region shall share the total cost of the project, being,
(a) the design, construction, construction supervision and inspection of the Works;
(b) the administration and trmancing of the project, including the preparation of all contract
drawings and documents;
(c) the preparation of the Environmental Study Report; and
(d) any land acquisitions required for the project,
on the following terms:
(e) the Town's portion of the total cost of the project shzll be the aggregate of,
(i) those supplementary funds received by the Town from the Minisu~ of
Transportation respecting this project, and
(ii) $182,000, being the cost (including GST) of resurfacing a two-lane portion of
the Road Section; and
(0 the Region's portion of the total cost of the project shall be the balance of the total cost
after deduction of the Town's portion thereof.
7. The Town shall be the owner of the Works the construction of which may he inspected by the
Region.
8. (1) The Town shall arrange for the preparation of a plan for traffic control during
consm~ction in conjunction with the preparation of contract documents, which plan
shall comply with Ministry of Transportation guidelines for signing and traffic control
on construction sites.
(2) The Town shall ensure that the contract documents provide for the maintenance of
traffic control signing during construction of the Works.
9. The Region, on behalf of the Town as its agent, shall,
(a) supervise and direct all work to the extent necessary to ensure the fulfdment of the
contract for each Phase and the completion of the Works in accordance with the
contract drawings and documents approved by the Commissioner;
(b) make all decisions relating to the work and to the construction of the Works in
compliance with the terms and conditions of this Agreement;
(c) at all times make quantity and quality control records available to the Town for
inspection and processing of contract payments by the Town.
10. (1) When the Town is satisfied that construction of the Works in either Phase has been
completed as required by this Agreement, the Town shall advise the Commissioner in
writing and the Commissioner shall cause the Works to be inspected. '
(2) If the Commissioner concurs that the Works in that Phase have been satisfactorily
completed in accordance with the contract drawings and documents,
(a) the Commissioner shat/ give the Town written notice that the Region is
satisfied with the completion of the Works in that Phase,
(b) the contract maintenance period for that Phase shall commence;
(c) the Regioh, at its cost and expense, shall design, supply and install permanent
road name signs and regulatory signs in that Phase;
(d) the Region shall lawfully incoq>orate the portion of Road Section in that Phase,
and any widenings acqufted therealong, into the Regional Road system; and
(e) the Town shall give written notice to the Region and to the Contractor that the
Town assigns to the Region all the Town's rights and authority under the
contract for that Phase during the contract maintenance period for that Phase.
(l) Upon substantial completion of construction in each Phase, and from time to time
thereafter as necessary, the Town shall invoice the Region, by one or more invoices, for
the Region's portion of the total cost of the project arising from that Phase, calculated in
accordance with section 6, and the Region shall pay to the Town the amount of each
invoice within sixty days of the date of the invoice.
(2) Despite subsection (1), the Town shall not invoice the Region for any amount during
1992.
12. If the Town fails to complete all or part of the work that the Town is required to do by this
Agreement in any Phase for which a contract has been awarded, then the Region may, at the cost
and expense of the Town, do or complete any work reasonably necessary to restore lands
presently comprising part of the Regional Road system and affected by the failure to complete to
theft condition immediately prior to the commencement of construction.
13. The Town shall provide and keep in force comprehensive general liability insurance coverage,
naming the Region as a co-insured for the purposes of this Agreement, both in an amount and in
a form satisfactory to the Commissioner.
14. The Town shall indemnify and save harmless the Region from and against any clahn, action,
cause of action or liability for loss, damage, accident or injury including death, in any manner
arising due to, out of, from or in connection with the construction of the Works, save and except
for work done or omitted to he done by servants, agents or contractors of the Region.
15. The Town and the Region each warrants that it has taken all necessary steps, done all acts,
passed all by-laws and obtained all approvals within its respect powers lawfully required to give
it the authority to enter into this agreement and undertake the Works.
1.6. This Agreement shall enure to the benefit of and he binding upon the parties hereto and theft
respective successors and assigns.
IN WITNESS WHEREOF the parties hereto have hereunto affixed theft corporate seals under the hands
of their proper officers duly authorized in that behalf.
SIGNED, SEALED & DELIVERED
THE REGIONAL MUNICIPALITY THE CORPORATION OF THE TOWN
OF DURHAM OF PICKERING
G. Herrema, Regional Chair Wayne Arthurs, Mayor
C. W. Lundy, Regional Clerk Brace Taylor, Clerk
SCHEDULE A
Works and Services to be Constructed and Installed
1. Clearing and grubbing
2. Site preparation
3. Earth excavation
4. Grading
5. Granular base
6. Hot mix asphalt paving
7. Drainage works
8.' Seeding and sodding
9. Concrete curbs and gutters
10. Utility relocation
11. Rip rap
12. Highway fencing
13. Traffic signal relocation (Phase 2 only)
14. Railway grade crossing (Phase 2 only)
4
SCHEDULE B
CROSSING AGREEMENT
THIS AGREEMENT is made and effective as of 6 day of July, 1992.
BETWEEN:
Interprovinciai Pipe Line Inc.,
(hereinafter called qnterprovincial")
The Town of Pickering
(hereinafter called 'Applicant")
Whereas Interprovincial owns and operates, on a common carrier basis, a liquid hydrocarbon
pipeline transportation system within Canada pursuant to the National Energy Board Act as
administered by the National Energy Board; and
Whereas Interprovincial owns and operates one or more pipelines across the Lands described
in Schedule "A"; and
Whereas the National Energy Board PipeLine Crossing Regulations, Part I, effective as of the
17th day of October, 1988 define a set of responsibilities for the AppLicant and ciro,m~tances
under which leave of the National Energy Board will not be required prior to excavating upon
a pipeline right-of-way or constructing a highway, railway, ditch, utility, etc., across a pipeline
or its right-of-way.
Whereas the National Energy Board Pipeline Crossing Regulations, Part H, effective as of the
17th day of October, 1988 define a set of responsibilities for the pipeline company which are
necessary to ensure safety during the construction of the crossing; and
Whereas AppLicant has requested and Interprovincial hereby grants a license to cross the
lands described in Schedule "A"; and
Whereas the parties wish to define their respective rights, obligations and liabilities with
respect to the area in the vicinity of the intersection of Interprovincial's pipeline system and
the AppLicant's facilities, both as outlined on Schedule "A".
Now therefore this agreement witnesses that in consideration of the premises, mutual
covenants and agreements herein contained, the parties agree that their respective operations
in the Crossing Area (as defined in Section 1) shall be governed by this Agreement as herein
described.
-2-
(a) In this Agreement, including the recitals, the words and terms used shall have the
following meanings:
(i) "Agreement" means the body of this Agreement and the Schedules attached to it; and
(ii) "Applicant's Facility" means the Fadlity to be constructed by Applicant and to be
located within, upon, over or under the Lands;
(iii) "Crossing Area" means the area of intersection of the Interprovincial's Pipeline
and the Applicant's Facility as outlined on Schedule "A";
(iv) "Imerprovincial's Pipeline" means Interprovincial's Pipeline or Pipelines for the
transmission of gas or oil connecting a province with any other province or
provinces, or extending beyond the limits of a province or the off-shore area as
deemed in section 123 of the National Energy Board Act, and includes all
branches, extensions, tanks, reservoirs, storage facilities, pumps, racks,
compressors, loading facilities, interstation systems of communication by
telephone, telegraph or radio, and real and personal property and works
connected therewith;
(v) "Lands" means the Lands described in Schedule "A";
(vi) "Work' means, with respect to Interprovindal's Pipeline or the Applicant's
Facility, carrying, laying, installing, constructing, maintaining, operating, repairing,
inspecting, replacing, altering, removing, abandoning and such other operations
as may be required from time to time and includes any disturbance of the
ground in the vicinity of the Pipe.
(b) The words "Emergency", "Excavation', "Facility", "Pipe" and 'Restricted Area" shall have
those meanings as set out in Section 2 of the National Energy Board Pipeline Crossing
Regulations, Part I.
2. METHOD OF INTERPRETATION
Unless a term or provision, if acted upon, would result in violation of any code, statute, law,
regulation, permit, license, or governmental order, the following shall apply:
(a) If any term or provision contained in the body of this Agreement conflicts with a term
or provision contained in any Schedule, the term or provision in the Schedule shall
prevail.
(b) If any terms or provisions of Schedule "A" and Schedule "B" conflict, Schedule "B" shall
prevail over Schedule "A".
-3-
This Agreement including the recitals and the following Schedules, which are attached hereto
and made part hereof, shall be terms and conditions as agreed to by Imerprovincial and
Applicant:
Schedule 'A" - Location Plan and Profile
Schedule "B" - Specific Terms and Conditions
Schedule "CY - Crossing Report, Safeguarding Pipelines and Facilities
Schedule "D" - National Energy Board Pipeline Crossing Regulations Part I
4. LEGAL DESCRIPTION OF CROSSING AREA
Lots 28 & 29, Concession 2, Town of Picketing, Regional Municipality of Durh~rn~
Ontario (M.P. M1928.4219 - M1928.4852).
$. I~ONSENT
Interprovincial hereby agrees that Applicant may perform the Work on Applicant's FaCility
in the Crossing Area in accordance with the terms and conditions of this Agreement.
6. COMPLIANCE WITH STATUTES AND REGULATIONS
Applicant and Interprovincial shall at all times comply with any and all applicable codes,
statutes, regulations, permits, licenses, orders and directions of any governmental authority
from time to time in force including the National Energy Board Act and the National Energy
Board Pipeline Crossing Regulations Part I and Part II (1988) as amended from time to time
and without limiting the generality of the foregoing, the Applicant shall be subject to the
obligations of both an Excavator and a Facility owner as those terms are defined pursuant
to the National Energy Board Pipeline Crossing Regulations, Part I. The minimum technical
standards in the applicable codes, statutes and regulations shall apply to Applicant's Work
unless more stringent standards are provided for in this Agreement or are imposed under the
National Energy Board Act or other authority having jurisdiction over part, parts or the whole
of the Interprovincial pipeline system. If compliance with any provision of this Agreement
would result in violation of any applicable code, statute, regulation, permit, license, order or
direction, such code, statute, regulation, permit, license, order or direction shall prevail and
this Agreement shall be deemed to be amended accordingly.
-4-
7. POSITION OF FACILITY
Unless otherwise indicatedin any of the Schedules, or ordered by governmental authority or
regulations:
(a) the clearance between Interprovincial's Pipeline and the Applicant's Facility shall be in
accordance with the latest CSA Standards, as amended from time to time.
(b) the depth of Applicant's Facility beneath the ground surface shall be maintained for the
entire width of the Crossing Area.
When Applicant installs a Facility in the Crossing Area, the following terms and conditions
shall apply:
(a) Applicant shall install and maintain suitable buried markers indicating the location of
Applicant's Facility in the Crossing Area.
Co) Applicant shall carry out all Work in the Crossing Area in a proper and diligent manner
and in accordance with good engineering and construction practices.
(c) Applicant shall notify Interprovincial 48 hours prior to the commencement of any ground
disturbance within 30 metres of Interprovincial's easement to enable a field
representative to locate and identify Interprovincial's pipeline and limits of easement.
(d) During its operations pursuant to this Agreement, Applicant shall have available at the
Crossing Area, a copy of Schedule "A" approved by Interprovincial and a copy of
Schedule "B" ff applicable.
(e) Applicant shall ensure that the Work is carried out in accordance with the technical
details that are set out in its request for permission that have been accepted by
Interprovincial and in accordance with the Location Plan and Profile.
(f) The Applicant shall inform its contractors of their responsibilities regarding any
construction or installation of a facility subject to this agreement and shall make available
at the Crossing Area a copy of the National Energy Board Pipeline Crossing Regulations,
Part 1.
(g) When necessary to protect the public, the Applicant shah fence or barricade the area
around the excavation and shall erect such warning signs as required.
(h) Applicant shall ensure that the weight of any equipment crossing over Interprovincial's
Pipeline will not cause any damage to Interprovincial's Pipeline. Applicant shall, ff
requested by Interprovinciai's Field Representative, ramp the Crossing Area during any
such crossing of equipment.
-5-
(i) Applicant shall physically support Interprovindal's Pipeline as required, or as directed by
Interprovincial, while _any Work is being carried out hereunder.
(j) Applicant shall cover Interprovincial's Pipeline with such quantity of backfill material as
is specified by Interprovincial's Field Representative prior to the Applicant commencing
backfilling operations.
(k) Applicant shall, as soon as it is reasonably practical after the completion of Applicant's
Work in the Crossing Area, restore the surface of the Crossing Area as closely as is
practical to the condition in which it existed immediately prior to the Work being
commenced.
(1) In the case of damage to Applicant's Facility in the Crossing Area or other
Emergency, Applicant shall commence the necessary Work and shall forthwith give
to Interprovincial's Field Representative verbal notice of such damage or other
Emcrgency and of thc necessary Work to be conducted, and shall forthwith give
notice pursuant to Section 11 hereof.
(m) The whole of the cost of the Work with respect to Applicant's Facility in the Crossing
Area shall be borne by Applicant.
(n) Applicant shall do all things that in Interprovincial's reasonable opinion are necessary to
ensure that Interprovincial's cathodic protection of Interprovincial's Pipeline or any part
thereof is not damaged or adversely affected as a result of Applicant's operations or
subsequent application of cathodic protection by Applicant to Applicant's Facility.
Notwithstanding the generality of the foregoing Applicant shall install where necessary
not less than two (2) coated wire test lead system at the nearest reasonable access, of a
design acceptable to Interprovincial. The whole of the cost of providing installation and
maintenance of any such cathodic protection and such test lead system shall be borne by
Applicant. Notwithstanding the foregoing, cathodic protection shall not be required
where Applicant installs a plastic or other nonmetal Facility.
(o) Applicant shall be liable for and shall pay all taxes, rates and assessments of eve~d
description whatsoever that may be imposed by any lawful authority by reason of the
presence of Applicant's Facility in the Crossing A~ea, or by reason of lhi.~ Agreement or
of anything done by Applicant pursuant to this Agreement. In addition, Applicant shall
indemnify Interprovincial from and against all such taxes, rates and assessments.
(p) Applicant shall ensure that Applicant's Field Representative or the contractor installing
the Facility complies with and executes the on site Crossing Report, a copy of which is
attached as Schedule "C".
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REMEDY ON DEFAULT
In the case of default by Applicant in carrying out any of the provisions of this Agreement,
Interprovinciai may give notice thereof to Applicant. If Applicant fails to commence to
remedy such default within 15 days after receipt of such notice and diligently complete such
remedy thereafter, Interprovincial may take such steps as are appropriate to remedy such
default and Applicant shall be liable for and shall pay all reasonable costs and expenses
incurred by Interprovincial in remedying the default.
(a) If, subsequent to the initial Work to be undertaken by Applicant for its Facility, either
Interprovincial or Applicant desires to undertake any Work in the Crossing Area, thi.~
Agreement shall be deemed to grant consent to that party, and the provisions of thl.q
Agreement shall apply mutatis mutandis to all subsequent Work undertaken by either
party under this Section 10.
(b) Notwithstanding the foregoing, installation of any Facility other than those shown on
Schedule 'A" shall require a separate crossing agreement.
(c) Notwithstanding the foregoing, if Emergency Work is required by either party, that party
shall commence the necessary Work and shall forthwith give the other party's Field
Representative verbal notice of the Emergency and necessary Work, and shall forthwith
give notice pursuant to Section 11 hereof.
11. NOTICES
Notices shall be in writing and shall be sent to the parties at the addresses for notice shown
below. The following shall govern notices:
(a) Either party may from tune to time change its address for service by giving notice to the
other party.
(b) Unless otherwise indicated in this Agreement, all notices authorized or required to be
given hereunder or made necessary by the terms hereof shall be in writing and may be
delivered by hand, mailed by prepaid mail, or sent by telecommunication. If mailed, the
notice shall be deemed to have been received seven (7) days (Saturdays, Sundays and
statutory holidays excluded) after the mailing thereof. If delivered by hand, the notice
shall be deemed to have been received on the day on which it was delivered, or ff
delivered after regular business hours, it shall be deemed to have been received on the
following business day. If sent by telecommunication, the notice shall be deemed to have
been received on the first business day following the day it was dispatched.
-7-
(c) No notice shall be effective if mailed during any period in which Canadian postal workers
are on strike or ff a strike of postal workers is imminent and may be anticipated to affect
normal delivery thereof.
(d) Notwithstanding the foregoing, to the extent described in this Agreement,
Interprovincial's and Applicant's Field Representatives or designated Alternates shall
have the right and authority to make, give, receive any notice, information, direction or
decision required in conducting Work hereunder.
(e) Addresses and telephone:
Intcrprovincia} s Addre,~ Applicant s Addres~
For Notice: For Notice:
EasteFu Division Office
P.O. B~x 1~
NTF 7H8
Telephone: ($19) 339-0500 Telephone: (
Fax: (519) 339-0510 Fax: ( )
Interprovincial s Field Applic~nr s Field
Representative (And Alternate) Representative (And Alternate)
A. Blain
Telephone: (613) 966-1955 Telephone: ( )
12. LIABILITY AND INDEMNITY
(a) Applicant shall:
(i) be liable to lnterprovincial for ali loss, damages and expenses which Interprovincial
may suffer, sustain, pay or incur and, in addition,
(ii) indemnify Interprovincial again.~t all actions, proceedings, claim% demands and costs
which may be brought against or suffered by Interprovincial or which it may sustain~
pay or incur, by reason of any matter or thing arising out of or attributable to any act
or omission of Applicant, its servants, agents, contractors or employees in respect of
Applicant's use of the Crossing Area or by reason of this Agreement.
(b) Interprovincial shall:
(i) be liable to Applicant for all loss, damages and expenses which Applicant may suffer,
sustai~ pay or incur and, in addition,
-8-
(ii) indemnify Applica!~. t against all 'actions, proceedings, clalm% demands, and costs
which may be brought against or suffered by Applicant or which it may sustain, pay
or incur, by reason of any matter or thing arising out of or attributable to any act or
omission of Interprovincial, its servants, agents, contractors or employees in respect
of Interprovincial's use of the Crossing Area or by reason of thin Agreement.
(c) The provisions of 12(a) and 12(b) herein shall survive the termination of this Agreement.
13. INSUR~CE
(a) Without in any way limiting the liability of either party under this Agreement, each party
shall obtain and keep in force during the term of this Agreement the following:
(i) Comprehensive general liability insurance covering liability for bodily injury and
property damage arising from operations contemplated by this Agreement. The limit
of this insurance shall not be less than five million dollars ($5,000,000), inclusive, for
any one occurrence unless otherwise agreed by the parties in writing;
(ii) Automobile liability insurance with an inclusive limit for bodily injury (including
passengers) and property damage of one million dollars ($1,000,000).
These policies shall provide coverage for liability assumed under this Agreement.
(b) A party, upon request of the other party, shall furnish written documentation, satisfactory
to the requesting party, evidencing the required coverage.
(c) As an alternative to the five million dollar ($5,000,000) policy of comprehensive general
liability insurance and the one million dollar ($1,000,000) automobile liability insurance
referred to in Section 13(a), if acceptable to the other party, and so evidenced in writing,
a party may self-insure against the risks normally covered by such policies.
14. L~C~NSg
Neither the rights granted to Applicant by this Agreement nor any of the privileges or
obligations in connection therewith shall run with the Lands of Interprovincial nor extend to
the Lands of Interprovincial's successors or assigns. Applicant agrees not to file any caveat,
notice, caution or other document whatsoever with any I_and Titles or Registry office or to
othenvise encumber Interprovincial's title to the Lands or Interprovincial's easements
registered against the lands.
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15. CHANGES TO AGREEMENT
No change, modification or alteration of this Agreement shall be valid unless it be in writing
and signed by the parties hereto, and no course of dealing between the parties shall be
construed to alter the terms hereof.
(a) Neither party shall assign or transfer this Agreement or the fights and privileges hereby
granted without the written consent of the other party first had and obtained, and such
consent shall not be unreasonably withheld. Together with any request for such consent,
the Assignor shall provide the other pa.rty ~vith the Assignee's written confirmation that
the Assignee is familiar with the terms of this Agreement and agrees to be bound by the
terms of this Agreement.
(b) The other party may, in addition, require the Assignor and Assignee to execute a
Novation Agreement in a form acceptable to the other party.
17. ~
This Agreement and the fights and obligations of the parties herein shall be governed and
construed according to the laws of the Province in which the Facility is to be constructed.
15o
The rights and obligations of the parties under this Agreement shall terminate:
(a) two (2) years from the date hereof if construction of Applicant's Facility has not
commenced, or
(b) upon proper abandonment or removal of all of Interprovincial's or Applicant's Facilities
from the Crossing Area and the completion of any reclamation Work required by
applicable laws, except for those rights acquired and obligations incurred prior to such
events.
(a) In this Agreement, words importing the singular include the plural and vice versa; words
importing the masculine gender include the feminine and vice versa; and words importing
persons include firms or corporations and vice versa.
o 10-
(b) Subject to Sections 14 and 1,6 herein, this Agreement shall enure to the benefit of and
be binding upon the parties, their successors and assigns.
(c) Words such as "hereto~, "thereto", "hereof", and "herein~, when used in this Agreement,
shall be construed to refer to provisions of this Agreement.
(d) The headings of all Sections of this Agreement, including the Schedules, are inserted for
convenience of reference only and shall not affect the meaning or construction thereof.
(e) Time is of the essence of this Agreement.
(f) No waiver of any breach of a covenant or provision of this Agreement shall take effect
or be binding upon a party unless it is expressed in writing. A waiver by a party of any
breach shah not limit or affect that party's rights with respect to any other or future
breach.
20. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement between the parties hereto and shall be
deemed to have superseded any and ah previous agreements and understandings, whether
written or oral, between the parties dealing with the Pipeline and the .Crossing Area, and ah
rights and obligations as herein described.
IN WITNESS WHEREOF the parties hereto have caused thi; Agreement to be duly executed.
Interprovincial Pipe Line Inc. The Town of Picketing
Per: Per
WJ. LOPER
Cros.~in~ Coordinator
RE~'ON~L ~NICMIPAL'~K OF
-- , ~ CROSS, ~O~
FINCH AVE.
z
' - [ ~ CN.~.
LOO~TION PLaN
TOWN OF PICKERING
B.M. N0.2-024 EL.140.347
BRASS TABLET SET VERTICALLY IN CONCRETE
1~.7m WEST OF EXIST. C/L WHITES ROAD. I.Okm
NORTH OF FINCH AVENUE.
141
SCHEDULE
SPECIFIC TERMS AND CONDITIONS
(a) During construction, the following axle load restrictions apply:
Cover Over Pipeline Axle Load
(m) 0~)
< 0.76 0
0.76-1.3 13,600
> 1.3 18,000
Interpro~lnclal Pipe Une (NI~ Ltd.
CROSSING REPORT
Milepost
Facility Owner Order No.
Address Representative
Telephone ( )
Contractor Representative
Address Telephone ( )
Legal Land Description
Type of Crossing
SAFEGUARDING PIPELINES AND FACILITIES
The IPL representative must review the following items with the contractor or foreign crowing representative:
1. All Company pipe(s), cable(s) and facilities within IPL's right-of-way or projected limlta has been
located, staked and identified. For IPL's station property all Company pipe(s), cable(s) and
facilities within 3 metres (10 feet) of the excavation has been located, staked and identified.
2. For'any mechanical excavation or other destructive activity within 3 metres (10 feet) of a
Company facility (above, below grade or on the right-of-way), the I PL representative must be o~
site and monitoring the activity.
3. The IPL Representative has the authority to direct the contractor to 'Stop Work' at any time if
there is a concern for pipeline integrity or damage to Company's equipment or facilities.
4. After IPL's facilities have been hand exposed, under ~o circumstances shall powered equipment
be used within 0.3 metres (1 foot) of a pipeline or underground electrical cable.
5. Any heavy equipment crossing the pipeline right-of-way that will cause rutting or poses a risk to
the integrity of the pipeline(s) must do so using an approved ramp.
6. The pamphlet titled "Safeguarding Pipelines and Facilities" has been given to the contractor or
foreign crossing representative.
7. If contact is made with IPL's pipeline(s) Stop Wo~ immediately and shut down all powered
equipment or any other ignition source. Leave the vicinity of the crossing area and inform the on
site IPL representative. Products transported through IPL's pipeline(s) are under high pressure,
flammable and can form explosive mixtures.
8. Contractor/representative has a copy of the National Energy Board Pipeline Crossing Regulations,
Part 1.
CONTRACTOR OR FOREIGN CROSSING REPRESENTATIVE
The above precautions have been reviewed with me and I understand the serious implication of non-compliance.
Name Date ~
(Print) (Signature)
IPL REPRESENTATIVE
I have reviewed the above precautions with the contractor or foreign crossing representative.
Name Date __
MC_,S 84/,0~, (Print, (Signature, 'JCl'
9/I I/~8 CnnadaGazettePartH.¥ol.l~2. No.~$ GaxetteduCunadaPartiell.¥ol.l~2. N°~$
Registration Enregistrement
SOP~88-528 18 Octol~r, 1988 DORSf88-528 18 octobre 1988
NATIONAL ENERGY BOARD ACT LOI SUR L'OFFICE NATIONAL DE L'I~NERGIE
National Energy Board Pipeline Crossin~ R~glement de I'Offlce national de I'~nerg4e sar le
Relulationa, Part I croisement de pipe-lines, partie I
The National Enerly Board, pursuant to subsection 7?(2)0 En vertu du paragraphe 7'/(2)° de la Loi sur I'Office tango-
of the National Energy hrd Act, hereby makes the annexed hal de ['~nergie, I'Office national de I'~nargie prend ]e R~gle-
Renulatioes respectin8 leave for crnssin~s of pipelines, meat concernant I¢ eroisement de pipe-lines, ci-apr~.
O~tawa. October 17, 1988 Ottawa, le 17 octobre 1988
REGULATIONS RESPECTING LEAVE FOR CROSS- RI~GLEMENT CONCERNANT LE CROISEMENT DE
INGS OF PIPELINES PIPE-LINES
Slwrt Title Titrt nbr~
I, These Regulations may be cited as the National £ntrgy I. R~glement de I'Offlce national de I'tntr~e sur le croise-
· oard Pipeline Crns$1ng Regulations, Part I. ment de pipe-lines, pattie I.
Interpretation
2. In thct~ Rcgaiations, 2. Les definition~ qui solvent ~'appiiquent au print r~gle-
#A~" maim the National £ner~y Board Act; (Lot') ment.
"emorlenay" means an unaXl~Cted situation that could enden- ,autorisation,, Scion le cas, le coflsentement de I'Office en
let life or cause subStantial proper~y or environmental dam- vertu du paragraphe ?'/(I ) ou I'autorisetion de I'Office en
n~ aM that I~uires iml~dlate a~tin~; (urger. ce) ve~u du par a~,raphe 77(I.l) de la Lo~. (leave)
'excavation" meam any disturbance of the ground in the ~.ouduite, Uae conduite et tous scs ac~:essoires qui sont la pro-
vicinity of a pipe; (travau~ ti'~xcovntion) pri~t(~ d'une compagnie pipulini~re et qui servent ,I la trans-
'excavator" means the person who perform~ an excavation and minion des hydtecar~mrea ~r un pipe-line.
includes the corporation or other legal entity and every ,endroit au large des edges* Toute zone sons.marina adjacante
agm~t, a~liate and sulx~ntractor of the ~orporation or other i la c6te canadienne. (off$/~ore area)
~ entity, that has direct control ever the person perform- ,ex~utant de travaux d'excavation, Porsonne qui effectna des
lng the excavation; (extcutant tlc travnux ti'excavation) travaux d'excavation, y compris In seci~t~ ou touts autre
'facility" means personne morale ou tout agent, affili~ ou som-traitant de
(~) any structure that is constructed or placed on the cel]e-ci qui exerce un contr6le direct sur la personna effec-
ri~t-~f, way of a pipelina, and tuanl les travaux d'excavetinn. (#xcavator)
(b) any highway, private road, railway, irription ditch, ,installation.
drain, drainage system, sewer, dike, telelraph, telephone ~) Structure e. onstruite ms piac~e sur I'empriae d'un pipe-
line or line for the transmission of hydrocarbons, power or line;
any ether subStanae that is or is to he carried acress, b) vole publiqna, chemin privY, chemin de fer, feas~ d'irri-
along upon or under any pipelina; (innollation) ~ation, drain ou f~ d'tcoulcment, systtme de drainage,
"facility owner" means a person, firm, public agency, co~,,-&- tgout, digue, lilac tt'l(~raphiqna mt t~K'pheaiqne ou lilne
tion or any combination thoronf that owns a facility or that ou canalieation pour la trnnsmiuion d'hydro~arb~r~, de
andortahes or has ~ontrol over one or more of the activitim force motrice ou de quelqna autre subStance, qui traverse
related to construetio~ installation, operation, maintenance ou est cans~ traverser un pipe-line ou qui se tro~ve ou est
or removal of a facility; (gn~rtitolra ti'inttnllation) cens/~ se trouver sur ou sous un pipe-line o~ le long de
'kava" means the leave of t~ Board referred to in subsections calui-~. (facility)
77(I) or (L I)of the Act; (m*to~atlou) diana atrinnne, Liens t~l~phonique ou t~l/~raphiqne ou li~ne
"offshe~ ama" means the salmlarina areas adjacent to the de t~l~communicatinns ou de transport d'~norlie ,~lectrique
~ of Canade; (~Mr~/t ,~ large d#~ cdte~) install~e au-de, ns du so~ ou route combinaison de cea liSnes.
"ov~lsmd line" means an above-tround telephone, teJe4rapb, (ovar&ead Ilne)
tel~,,~5,,,znunication or ~mcttic power lina or any combination ,Log, La Lol sur I'Offlce national tie I'tne~e. (Act)
ttmuof; (lithe
SGHEDULE "D"
9/l l ~8 Can~da Ga~et~e ,°art lL ¥o'!.12?, No. a3
'~" m~ the ~ ~d all re~t~ appu~enan~ that I'am~na~cment d'une in~mllatio~ ~ i I'ex~ution de trava~x
~loal w ~ pi~]i.e ~m~ny ~,d that ut ~
m~ion~bydr~r~ns lhr~h a ~]i~;
'~t~ ~r~" m~ns ~n ~ sir~t~ in ;h¢ vicinity
~o~ m~tru~ion, ins~llation or ex.ration, i~e~nd-
~t of the ~line ~lht~f-wny, that bu ~n tem~uily plusieu~ d~ a~ivit~ li~ i la ~tru~ion, ~ I'nmlnale-
~i~t~ by t~ ~line ~m~ny ~nt to ~lrlpb meat, i I'~xploi~ti~, ~ l*antreticn ~ i I'ent~ement d'une
9(I)(~) of the ~/ E~ ~d ~
~t~/mi~. P~ H ~ in a~ within which no ex.ration ~travaux d'ex~vltion~ T~t dtp~ment du ~i t ~oximiti
m~y ~ ~rf~ until the pauline ~m~ny's pi~
~r~ ~ve ~n I~t~ nnd pro.fly s~k~.
en
~ne inte~it~
zone o6
(restricted area)
~ppl~cation ~pgl~catlon
3. ~h~ Re~ulati~a do not apply to an ~x~vation ~ 3. ~nt ~x~lua ~ I'appl~tion du ~t ~l~t:
(b) a~vi~, ~h~ than thc ~nst~ct~n or i~l~t~n of a b) ~ trava~ d'ex~vati~ ~hnt d'a~Ht~, aut~ que
fa~lity, t~t disturb I~s than thr~ tenths of a ~tre of la ~t~ ~ I'a~na~t d'u~ i~Mlla~, qua
~nd ~1~ the initial g~de and do not ~u~ the t~l ~si~nent un d~pla~nt dg ~ inf~ur d 0.~ m au-
ger ~cr ~c pi~. d~ du niv~u initial du
temblaya[e ~o~1 au~ de la ~uitg.
C~itio~ a~ Cir~ta~e: U~tr ~icb ~ of the Circo~ta~e~ et ~itio~ Jtl~ lesq~lle: I'aut~tati~ de
~d i~ ~t Required I'~ct n'tst
a. Uai~ othe~i~ o~or~ by the ~rd, I~v~ of the ~ 4. A moi~ d'ordonna~ ~t~t~ ~ I'~. I'aut~i~t~
b ~ ~uir~ f~ uny ~mt~ion or insmlJad~ of
m~ t~n t~ ~lMtion of ~n ~erh~d Uae mf~ to in nalemenl al'uae i~llafi~, ~uf I'i~l~ti~ d'une li~
~ 5, d a~en~ v~ i I'a~ie 5, ~uc:
(a) ~ ~tm~ ~ ins~llnt~ of the faulty
~ in I~ ~r t~n in offset ar~; un eMr~t
~ fixity a~ a~ any ~iti~ Kt ~t
(~} ~ fa~lity ~ cmur~ tha~ thc w~k b ~ ~t in aux ~lit~ ~Khniqu~ ~ ~m la dem~e de ~r-
~um~ f~ ~rm~ tht have ~n a~
~tbin two y~ n~t the ~tc the ~iuion
~ph {b) is lrant~ or within a ~6~
~ by ~g pi~line ~ny and the facility ~er; ~t la ~m~o~ ~lini~ en a~fion du ~e
[2] 44ol
9/I l/BI Conadu Gazette Pdrr ll, VoL l ~2. No. 2$ Guzette du Canadu Partie ll. l/ol. 122. N' 2$
(e) where ~ b su~M~ by ~e pi~liflc ~m~fly 14(I ) du Riflemem de l'~fice ~tio~l de
in a~ ~ su~ 14(I ) of t~ NatioMl ~r~ c~sement de pi~-IiMs,
~d ~11~ C~lnf ~ldtio~, P~t II, thc fa~lity ~ il donne i la ~lnie ~lini~re un ~b~ de troia
~ ~ ~k; joun ~v~bl~ avant le ~t dm t~vaux de ~tru~
~ unl~ m~ qr~ ~ by t~ ~line ~m~ny a~ ~ d'am~lement, uuf
t~ fa~lity ~ n~ ~ in w of e~rie~y, thr~ en ~n~enneM aut~t
~ ~ny ~ to ~t ~ ~t~i~ ~ lc pl~ Ions ~s ~ a~m ~ ~t ~ ~v~ux de
~) b t~ ~ ~ an c~r~y, u m~h ~ ~i~ u b 4) il ~ t~t~ Im uu~ s~fib ~r h ~ie
~ny ~ ~ ~nt of ~ ~ i~lh- mllati~ ~it a~r sur h ~M;
(k) ~ fafility ~ u~ a~ ~plim ~th all ~lc- ~t:
~ ~h~ ~ ~ ~li~ ~ny to t~ fafility owner (i) il o~ient de Is ~ie ~lini~
~ ~ any ~MI ~ ~t ~ h~Jity ~y bye ~ que tout~ I~ ~uit~ ~ ~lle~ ~ ~vant i ~imit~
a ~ du lieu d~ ~vaux ~t ja]~,
~ty ~ dune ~ni~ qu'il ju~
(i) ~fi~ with ~ ~i~ mm~ny that all the ~ ~1~ ~am i i~r
~ ~ny's ~ in t~ ~nity h~ ~n aukS, aM ~lle~;
(ii) ~u~ ~t t~ ~line ~m~ny ~ exphin~, to j) il o~e I~ iM~i~ ~ ~r ~ ~nMnt
~ ~a~ ~ the futility ~, the sisnifi~ of auto~ de h ~m~ie ~in~ sur ~ chnt~ ~ ~ qua
t~ ~ tht MgntEy t~ ~tion of thc pilling ~- ~me I~ ~u~
~ny's ~; vaux t ~oximit~ d'u~ ~uite;
~ ~ fa~lity ~ner ~ with the imt~ions of an k) il obtient au ~hbMe le ~nte~nt ~t de la ~-
aut~i~ figM ~pr~n~tive of t~ pauline ~m~ny snie pi~lini~ dam h
~Minl t~ ~u~ to ~ follow~ while wor~ns in the ~ d'am~nalement ne ~uvent ~ faire ~ q~ h ~uite
~ty ora ~; Mit ~ur~ ~ ~ifi~;
(k) w~c int~n~ ~th ~ aJteratim of a pi~ is n~- 0 I~ travauz ~r I~ueh
m~, ~ fa~lity ~ner ~im ~ written ~nt of the I'alinh k) g font ~ la su~ilb~ dc h ~ie ~-
(0 w~e t~ futility ~ ~ivm the ~n~nt refe~ to m) en ~ de ~, au
~ ~jra~ (k), t~ work h ~i~ ~t under the su~i- duitc de h ~ie ~in~ ~ av~ ~ ~te~nt, il
~ ~ the ~U~ ~ny; eft aH~ im~hte~nt h ~lnie ~li~;
(m) ~ fa~lity ~n~ i~iately ~ifiu the ~line n) il ~intient I'immlhti~
~ ~l; ~nt t t~te d~t~t~ ~ ]'~m~ ~ qu'H ~ ~t
(n) ~ fa~iw ~r ~in~im the hcility in a s~ of t~ ~r ~t ~ ~ ~
~ ~ir ~tible with t~ ~fety of t~ pauline aM au ~S~ 15(I) du ~1~
~b~y ~ any ~rat~ in ~ fa~lity ~ I'I~r~t J~r I~ c~tt~
~ns bf~ in ~nl ~ ~ ~li~ ~m~ny ~unt 1~ ~ ~, i ~i~ d'~ ~ ~ I'~:
0~ ~nri~. ~ II, ~ ~, ~lm ~- d'un tien qua s'~
(i} ~ f~lity ~ ~ the ~ ~ny with a (~) t'~ulha~ ~
~ ~ ~fly a~ M mume ~ ~lity f~ ~;
(ii) ~ fafiJity ~ ~ ~ ~ ah~ a~ the d'ah~ ~ d'en~e~t d'u~
(o) ~ fatty ~ ~fm ~ ~li~ ~ny, in writ- g) il enl~ ~ ~i~
i~ ~ t~ p ~ a~t ~ ~1 of any fa~lity I'0~, ~it nui~ i I'~t~ ~m ~ ~ du
~ a ~ ~ ~t~-~y ~ t~ ~i~; sM ~ling, ~ qua, d'a~ I'~ ~t
~) ~ f~ty ~ r~ ~ ~tm ~y futility ~ in F~ ~r d'au~ ~.
4402
9/I I/~8 Canada Gazette Part 11, Vol 122. No. 23 Gazette du Canada Partie II, VoL 122, N° 23 SOR/DORS/88-$2g
5. Leave of the Board is not required for the installation of 5. L'autorisation de I'Office n'est pas n6cessalre pour I'ins-
an overhead line a~oss a pipeline if taUation d'une lilac a6tienne au-desaus d'un pipe-haw Iorsque
(a) unless other~i~ agreed on by-the pipeline company and a) le propri6taire al'installation donne un pr6avis de trois
the facility owner and excep: in cases of emergency, three jours ouvrables i la compalnie pipelini~re avant le d~but des
working days notice is given b.~ the facility owner to the travaux d'installation, saul dans les cas o6 la compagnie
pipeline company prior to commencement of installation; pipelini~te et le propri~taite de I'installation en conviennent
(b) in the case of an emergency, as much prior notice as is autrement et dans les cas d'utlence;
practicable is liven by the facility owner to the pipeline b) dans les cas d'urlence, le propri6taire d'installation donne
company prior to commencement of installation; i ia compagnie pipelini~re le plus long pr6avis possible avant
(c) the o~erhead line is installed in accordance with the le d6but des travaux d'installation;
minimum ground-to-wire clearance established by the c) la lilac a6rienne est install~e conform~ment aux exigen-
Canadian Standards Association Standard CAN/CSA- cea minimales de hauteur libte entre le sol et les fils que
C22.3 No. I-MS?. Overhead Systems. April 1987; pule la norme CAN/CSA-C22.3 n° I-M87 de I'Assoeiation
(d) where thc pipeline is patrolled by aircraft, aerial warn- canadienne de normalisation, intitul~e .Overhead Systems..
lng devices ar~ installed and properly maintained by the endated'avril 1987;
facility owner at the request of the pipeline company; and d) Iorsque le pipe-line fait I'objet d'une patrouille a6rienne.
(e) no poles, pylons, towers, guys. anchors or supporting des balises a~riennes corn install~es ct ad6quatamem entrete-
structures of any kind ate constructed or placed on the nuns par I¢ propri~taire d'installation ,i la demande de la
right-of-way of thc pipeline or within its projected limits, compasnie pipelini~re;
e) aucun poteau, pyl6no, tour, hauban, entrain ou structure
de soutien de quelqu¢ type que ce ~oit n'est construit ni plac~
i I'inttrieur de I'emprise du pipe-line ou i I'intirieur du pro-
Ionlemem de ~es limites.
6. Leave of the Board is not required for an excavation, 6. L'autorisation de I'Office n'est pas n~'esaire pour
other than an excavation referred to in section 7. if cution de travaux d'excavation, sucres que ceux vis~s i I'article
(a) the excavation takes place in an area other than an off- ?, Iorsque:
shore area; a) les travaux d'excavation sont effectu~ ailleurs que dans
(b) thc excavator obtains written permission from thc pipe- un endroit situ~ au large des
line company prior to the excavation and accepts any condi- b) I'exicotant de travaux d'eacavation obtient au pr~alable
tion$ set oat in the permission; la permission ~erite de la compagnie pipelini~re et acoepte
(c) the excavator ensures that the work is carried out in de respecter les conditions qui y sont inonc~es;
accordance with the technical details that are ~t out in its c) il s'assure que les travaux sont cffeetuis conformiment
request for permission that have been accepted by the pipe- aux modalitia techniques tnonc~es dans la demandc de per-
line company; mission et acoept~$ par la compolnic pipelini?:re;
id) the excavator ensures that the work is completed within d) il s'anure que les travaua sont achev6s dans les deux ans
two years after the date the permission referred to in para- suivant la date d'octroi de la permission vi~e i relines b) ou
graph (b) is granted or within a peried otherwise agreed on dans le d6lai dom lui et la compegnie pipelini~re convien.
by the pipeline company and the excavator; neat;
{e) where permission is suspended by the pipeline company e) il interrompt les travaua si la permission cst suspendue
in accordance with subsection 14(I ) of the National Energy par la c, ompagnie pipelini~re en application du paralraphe
Board Pipeline Crossing Regulation, t, Part I1, thc excavator 14( I ) du R&glement de I'Office national de lYnergie sur le
ceeses work; croisement de pipe-lines, pattie II;
(/) unles$ otherwise agreed on by the pipeline company and ,/) il donne ii la compalnie pipolini~re un pr6avis de trois
the eacavator and escape in cases of emergency, three work- jout$ ouvtables, avant le d~but des travaua d'eacavation,
iai days notice is liven by the excavator to the pipeline com- eauf dans les cas o~ lui ct la ¢ompolnie pipeliniare en con-
pony prior to commencoment of the excavation; vicnnent autremcnt et dans les cas d'urlenee;
(g) in the ca~e of an emergency, es much prior notice as is g) dans les cas d'urlcnce, il donne ii la compolnie pipolini~'re
practicable a. li~en by the excavator to the pipeline com. le plus Ioni pr~vis possible avant lc d~but des travaux
pony prior to commencement of the eacavation; al'excavation;
(fi) prior to commencement of the excavation, the excavator h) avant le d6but des travaux d'cxcavution, il:
(i} confirms with the pipeline company that all thc pipe- {i) obsient de la compalnie pipelini&re la confirmation que
Wino company's pipes in the vicinity have been staked, and routes les conduites de colic-wi se trouvant ~ proximitY' du
(ii) ensures that the pipeline company explains, to the lieu des travaua ~ont jalonn~;
setisfactioe of thc excavator, the significance of the stakes (ii) s'assurc que la compasnie pipaliniire lui eaplique,
that identify the location of the pipeline company's p~pes; d'une maniirc qu'il .~ule satisfaisame, la signification des
(1) the excavator does not excavate mechanically within a jalons servant ii indiquer I'emplacement des conduites de
restricted area; celle-ci;
9[I I(11 ¢or~da Gazette Port lI. Pol. l ?~. No. 2$ Gotette du Caflado Partie ll. ¥ol. 122, N° ?3 SOR/DOL~/~-S~,I
~ ~ fiaVlt~ d~ ~t eXaVlte m~ni~lly within i) il ne ~e ~s t d~ travaux d'ex~vation m~niqu~
· ~ ~ ora pi~ unlm ~ns uae zone interditc;
(i) t~ ~ ~ ~n ~x~ ~ ~ at t~ ~int of j~ il ~ pr~e ~s t d~ travauz d'ex~vation m~niqu~
~i~ ~ w~e ~ ~t~n rum ~llel to the pi~, en d~ de
at su~t ~te~ m ~n~ the I~tion of the ~, (i) la ~nduite a ~ mi~ i nu manudlement au ~im de
(ii) ~ t~ ~x~va~n ~ a pi~, the ~li~ ~m- ~i~nt ou, si Im t~vaux d'excavation ~ ~ont sur un
~ny ~ inf~ t~ ex~vat~ t~t it ~l ~ the ~n ~r~ll~le i la ~uite, t d~ inte~all~ su~nts
~th ofl ~r~ d~ ~n the ~ ~xuvntion, (ii) I~u* In tr~vtux d*exavntion K font en trnven de
Oil) w~ th ~xov~t~ ~n pnll~l to t~ pi~, the h ~ui~,
~in ~ny ~ inf~ th~ exactor t~t it Bt
~ ~ ~li~ ~ ~ pi~ ~ probinl, or mu
(iv) w~ ~ ~i~ ~ ex.ute of the pi~ tnvtux d'~xavntion
~ h~ iron.iai, tk ~lin~ ~mpny hu nlr~ (iii) si I~ travaux d'~xuv:tion ~t eff~uh nut un plnn
~t ~ uavtti~ ny ~ ~f~md af*ly to within one pnll~l~ t un ~duit~, I~ ~plnic pi~lini~n I':
~ ~ ~ ~ m~ ~ ~lin ~mpny dir~tly tu~r*
(~) ~ ~nl dir~i~lly or usinI expl~iv~, unlm (iv) Io~ue I~ ~iti~ du ~1 ne ~ettent ~s que la
~ authofi~ by t~ ~rd, the ez~vator ~mpli~ ~nduite ~it mi~ i nu ~nuellement, la ~m~ie ~-
with t~ ~iti~s im~ by the ~line ~m~ny lini~e a ~nvenu que ~ t~vaux ~uvent ~tre eff~u~ en
~inl di~ional ~fini ~ the ~ of ex~iv~; t~te
(0 t~ ~mvnt~ ~i~ with t~ i~t~iom of an lan~ di~te ~ In ~ie ~lini~;
aut~ fi~ r~n~tive of the pi~line ~m~ny ~) i ~im d'aut~i~t~n ~nt~ire de ro~, Io~ue I'~-
~Mi~ t~ ~r~ m ~ foll~ while wor~ni in the cu~nt de t~vaux d'ex~vati~ effmue un f~ale di~i~-
~nity ~a ~;
(m) w~ interfe~n~ ~th or alte~tion of a pi~ is n~-
~, t~ ez~vat~ ob~im prior written con.at of the ~- 0 il o~ I~ imt~i~ d~n~ ~r le re~n~nt
I~ ~ny; autofi~ de la ~m~lnie pi~lin~re sur le ~ntier ~ ~ qui
(n) wh~ the ex~vator r~iv~ the ~n~nt refe~ to in ~rne I~ ~r~ i sui.e ~nt I'ez~uti~ de tra-
~ph (m), the w~k is ~ out u~er the su~ision vaux i ~imit~ de la ~ui~;
~ ~ ~line ~ny; m) il ~ient au ~lnbl~ le ~ntement ~t de h ~-
(o) t~ ~mvnt~ imm~iately notifi~ the pi~line ~m~ny ~ie ~lini~,
~ any ~ wi~ ~e ~line ~m~ny's pi~ ~ ia ~t- ~uv~t ~ fai~ ~ns que h ~uite ~t ~ur~ ~ ~i-
~) unl~ ~ a~ ~ by the pi~line ~ny and
~ ~t~, the ~z~vat~ ~tifi~ the pi~li~ ~ny at l'alin~ m) ~ f~t ~ la lu~llan~ de la ~ie ~-
~t 24 ~n ~or to ~llin[ ~er the ~. lini~e;
o) ~n ~ de ~, au ~ ~ travaux, a~ uae ~uite
~ Is ~m~ie ~li~ ~ a~ ~ ~e~t, il en
a~ imm~iate~nt h ~ie ~lini~;
24 heu~ avant de
~ lui ~ h ~[nie ~lini~ ~ ~n~en~nt aut~nt.
~ f~ ~ ~inte~n~ of an ex.rial fn~lity if t~ ~ir- ~ti~
~ ~ 6~ i ~) ~t ~.
FOIl CANADA. O'~'AWA, 19~ IldHIIMEUR DE LA REINE POUR LE CANADA, OTTAWA,
I~]