Procedure for Claims. Mediation and Arbitration
13. (19) Every claim for actual wildlife harvest loss or future harvest loss alleged to have resulted from development shall be made in writing by the appropriate Inuvialuit claimant by means of a notice given by the claimant to the developer .
13. (20) During the sixty (60) day period following the giving of the notice referred to In subsection (19) , the claimant and developer shall attempt to settle the claim and, for that purpose may, by mutual consent, appoint a mediator. If the claim is not settled within that period, the claimant may forward his allegations in writing to the Arbitration Board for hearing and decision in accordance with section 18 .
13. (21) In order to succeed before the Arbitration Board , the claimant must prove, on a balance of probabilities:
13. (22) Where recourse is claimed pursuant to paragraph (18)(a) or (b) , the onus is on the claimant to prove the loss on a balance of probabilities. The Arbitration Board shall take into account the priorities expressed by the claimant as to the nature of the compensation desired, but if it rules in favour of the claimant it must select the most reasonable type of compensation given the nature and extent of the loss.
13. (23) In making an award on a claim pursuant to paragraph (18)(a) or (b) , the Arbitration Board shall estimate the duration of the impact of the development on wildlife harvesting and determine compensation accordingly. Saving in exceptional circumstances, the award for compensation should not be made with the intention of providing a guaranteed income in perpetuity and compensation should be on the basis of a diminishing scale for a limited time. The claimant shall, as far as reasonable in the circumstances, mitigate his damages and should subsequent events, including the effect of any mitigative or remedial measures, materially affect the claim, any party to the original proceedings may cause the hearing to be reopened in order that the decision may be rescinded or appropriately varied.
13. (24) Where recourse is claimed pursuant to paragraph (18)(c) and a Government al authority has jurisdiction to enforce mitigative and remedial measures, the Arbitration Board , having regard to the terms and conditions established by the authority empowered to authorize the development , shall recommend to that authority appropriate remedial measures if it is satisfied that the claimant has proven, on a balance of probabilities, future harvest loss resulting from development . Where the Government authority does not comply with those recommendations, it shall give the reasons therefor in writing within sixty (60) days after the making of the recommendations.