WILDLIFE COMPENSATION

13. (1) The objectives of this section are:

(a) to prevent damage to wildlife and its habitat and to avoid disruption of Inuvialuit harvesting activities by reason of development; and

(b) if damage occurs, to restore wildlife and its habitat as far as is practicable to its original state and to compensate Inuvialuit hunters, trappers and fishermen for the loss of their subsistence or commercial harvesting opportunities.

Definitions and General Principles

13. (2) In this section,

"actual wildlife harvest loss" means provable loss or diminution of wildlife harvesting, or damage to property used in harvesting wildlife, or both

"future harvest loss" means provable damage to habitat or disruption of harvestable wildlife having a foreseeable negative impact on future wildlife harvesting.

13. (3) Subject to this section, the Inuvialuit shall be compensated for actual wildlife harvest loss resulting from development in the Inuvialuit Settlement Region.

Wildlife Impact Assessment

13. (7) Every proposed development or consequence to the Inuvialuit Settlement Region that is likely to cause a negative environmental impact shall be screened by the Screening Committee to determine whether the development could have a significant negative impact on present or future wildlife harvesting.

Liability for Damage

13. (15) Where it is established that actual wildlife harvest loss or future harvest loss was caused by development, the liability of the developer shall be absolute and he shall be liable without proof of fault or negligence for compensation to the Inuvialuit and for the cost of mitigative and remedial measures as follows:

(a) where the loss was caused by one developer, that developer shall be liable;

(b) where the toss was caused by more than one developer, those developers shall be jointly and severally liable; and

Legal Rights and Recourses

13. (25) The wildlife compensation provisions and procedures in this section are without prejudice to the legal rights and recourses of the parties, but where the provisions of subsections (19) to (23) are applied, the decision of the Arbitration Board is final and binding on the parties to the arbitration, subject only to the review provisions of this Agreement.