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.

WILDLIFE HARVESTING AND MANAGEMENT

Principles

14. (1) a basic goal of the Inuvialuit Land Rights Settlement is to protect and preserve the Arctic wildlife, environment and biological productivity through the application of conservation principles and practices.

14. (2) In order to achieve effective protection of the ecosystems in the Inuvialuit Settlement Region, there should be an integrated wildlife and land management gime, to be attained through various means, including the coordination of legislative authorities.

Harvesting Rights

14. (6) This Agreement provides the Inuvialuit with certain harvesting rights to wildlife in the Western Arctic Region. The exercise of the Inuvialuit rights to harvest is subject to laws of general application respecting public safety and conservation. Nothing in this section gives the Inuvialuit a proprietary interest in any wildlife. Subject to the qualifications set out in subsections (15) to (18), these harvesting rights include:

Fisheries

14. (24) The Inuvialuit may. without restriction, sell. trade or barter fish and marine mammal products acquired in subsistence fisheries to other Inuvialuit, regardless of residence, subject only to regulations to protect public health, to prevent sale, trade or barter to persons who do not qualify and to permit the acquisition of information necessary for the management of the fishery.

Management Processes

14. (36) Within their respective jurisdictions, the governments having responsibility for wildlife management shall determine the harvestable quotas for wildlife species based on the principles of conservation and the following procedures:

Wildlife Management Advisory Council (NWT)

14. (45) A Council to be known as the Wildlife Management Advisory Council (NWT) is to be established as soon as possible after the execution of this Agreement

14. (46) The Council shall initially have six (6) members: one (1) representing Canada, two (2) representing the Government of the Northwest Territories and three (3) representing the Inuvialuit

14. (47) The Council shall have jurisdiction in respect of that portion of the Inuvialuit Settlement Region that falls within the Northwest Territories.

Fisheries Joint Management Committee

14.(61) To assist Canada and the Inuvialuit in administering the rights and obligations relating to fisheries under this Agreement and to assist the Minister of Fisheries and Oceans of Canada in carrying out his responsibilities for the management of fisheries, the Minister of Fisheries and Oceans shall establish a Fisheries Joint Management Committee to advise him on matters relating to Inuvialuit and Inuvialuit Settlement Region fisheries.

Inuvialuit Game Council

14. (73) The Inuvialuit Game Council incorporated pursuant to the Societies Ordinance of the Northwest Territories shall have a Chairman and at least one representative from each of the Hunters and Trappers Committees referred to in subsection (75).

14. (74) For the purposes of this Agreement the Inuvialuit Game Council shall represent the collective Inuvialuit interest in wildlife. Without limiting the generality of the foregoing, the Inuvialuit Game Council shall among its other activities:

Inuvialuit Hunters and Trappers Committees

14. (75) Each Inuvialuit Community Corporation shall establish a community Hunters and Trappers Committee incorporated under the Societies Ordinance of the appropriate Territory and determine the qualifications for membership therein In determining those qualifications. regard shall be had to any agreements between the Inuvialuit and other native groups.

14. (76) A Hunters and Trappers Committee shall. among its other activities:

(a) advise the Inuvialuit Game Council on all local matters within the Committee's area of responsibility;

Research Advisory Council

14. (80) Comprehensive and continuous research and scientific investigation are required in the Inuvialuit Settlement Region to provide information on which decisions affecting wildlife and the environment can be based. Whenever possible, studies should be undertaken by existing public and private institutions.

14. (81) There shall be a central coordinating agency known as the the Research Advisory Council comprising all persons conducting research in the Inuvialuit Settlement Region who wish to participate.

FINANCIAL COMPENSATION

15. (1) In this section, "corporation" means the Inuvialuit Regional Corporation.

15. (2) Canada shall make capital transfer payments to the corporation as financial compensation under this Settlement in accordance with the agreed schedule of payments set forth in Annex N, commencing December 31, 1984. Such payments are valued at $45 million as of December 31. 1977.

ECONOMIC MEASURES

16. (1) In this section.

"government" means the Government of Canada, the Government of the Northwest Territories and the Government of the Yukon Territory;

"Inuvialuit" includes individual Inuvialuit, partnerships of Inuvialuit, any corporation or entity the majority of which is owned by Inuvialuit and ventures in which the Inuvialuit have an interest greater than 50%.

16. (2) Canada and the Inuvialuit agree that the economic measures set out in this section should relate to and support achievement of the following objectives:

INUVIALUIT SOCIAL DEVELOPMENT PROGRAM

17. (1) It is acknowledged that the health, education. housing and standards of living of the Inuvialuit need to be improved. Canada agrees to provide special funding as described in subsection (3) to contribute to the accomplishment of these social goals by the Inuvialuit.

17. (2) The Inuvialuit Social Development Program shall pertain to social concerns such as housing, health. welfare, mental health education, elders and the maintenance of traditional practices and perspectives within the Inuvialuit Settlement Region.

ARBITRATION

Definitions

18. (1) In this section.

"Court" has the meaning given that term by the Judicature Ordinance of the Northwest Territories or its successor;

"Inuvialuit" includes Inuvialuit acting individually, collectively or through duly authorized representatives;

"Judge" has the meaning given that term by the judicature Ordinance of the Northwest Territories or its successor;

"panel" means a panel of the Arbitration Board formed pursuant to this section.

Arbitration Board

18. (2) A quasi-judicial arbitration body is hereby established to be known as the Arbitration Board.

18. (3) The Arbitration Board shall have eleven (1 1) members, including a Chairman and a Vice-Chairman.

Formation of Panels

18. (12) Any issue for arbitration involving the Inuvialuit and Industry or the Inuvialuit and Canada shall be referred to a panel of five (5) members of the Arbitration Board, two (2) of whom shall be designated by each of the interested parties, and the Chairman or Vice-Chairman. as designated by the Chairman. If one of the interested parties is Canada, one of its panel members shall be designated by the Territorial Government in whose jurisdiction the matter arose.

Initiation of Arbitration

18. (15) Except as otherwise provided by this Agreement, Canada, the Inuvialuit or Industry may initiate arbitration by giving notice to the other party to the dispute and a copy to the Chairman of the Arbitration Board for circulation to all members of the Board. Where a matter for arbitration is within the jurisdiction of the Government of the Northwest Territories or Yukon Territory. Canada agrees to initiate arbitration on request by the Territorial Government.