7. (13) Canada reserves a right of access on Inuvialuit lands to the extent of 100 feet of land in width measured from the edge of the water of the sea coast and navigable rivers and navigable lakes that can be entered from such rivers. The right is limited to the use of rivers, lakes, water bodies, sea coast and inlets for travel, recreation or emergency, and does not permit any person using it to engage in any development activity or to harvest wildlife.
7. (14) Public access to unoccupied Inuvialuit lands for purposes of entry or crossing shall be available as follows:
(a) the public may enter and stay on Inuvialuit lands without prior notice for a limited time for emergency purposes;
(b) the public may cross Inuvialuit lands without prior notice to exercise a right on adjacent lands; and
(c) the public may enter on Inuvialuit lands for recreation, and prior notice and permission is required only for recreational use that is more than casual and individual in nature.
7. (15) The rights of public access set out in subsection (14) are subject to the following conditions:
(a) there be no significant damage to the lands;
(b) there be no abuse or extension of the right.
(c) there be no mischief committed on the lands, and
(d) there be no significant interference with Inuvialuit use of and peaceable enjoyment of the lands.
7. (16) Agents or employees of governments shall have the right to enter on and cross Inuvialuit lands for legitimate government purposes relating to the management of their programs or enforcement of their laws, and such access, where applicable, shall be in accordance with appropriate laws or approved procedures.
7. (17) Without restricting the generality of subsection (16) and without limiting the authority to enter on lands given to the Department of National Defence by the National Defence Act, access to Inuvialuit lands for military exercises conducted by the Department of National Defence shall take place on the conclusion of arrangements with the Inuvialuit relating to contact persons, areas, timing and appropriate compensation. Agreement by the Inuvialuit shall not be unreasonably withheld.
7. (18) Private access of a commercial nature to Inuvialuit lands shall be available as follows:
(a) access by commercial interests in order to reach non-Inuvialuit lands to exercise rights where the access would be of a casual nature relating to investigative and preliminary work on those lands; subject to the same conditions as set out in subsection (15);
As amended by P.C. 1987-26, January 15, 1984
(b) access by commercial interests in order to reach non-inuvialuit lands to exercise rights where the access would be significant, but temporary; subject to a right of way agreement being negotiated with the Inuvialuit that would provide for
(i) a location least harmful to the Inuvialuit and suitable to the commercial interest, and
(ii) matters relating to damage, mitigation, restoration and loss of use;
(c) access by commercial interests in order to reach non-Inuvialuit lands to exercise rights where the access would require a permanent right of way, subject to Participation Agreements as provided by section 10; and
(d) access by commercial interests in order to enter on Inuvialuit lands to exercise interests in or on those lands, subject to Participation Agreements as provided by section 10.
7. (19) Access for the purposes of subsection (18) requires that prior notice be given to the Inuvialuit.
7. (20) The following conditions apply to the access provisions set out in subsections (14) to (19):
(a) the granting of access by the Inuvialuit does not create responsibility on their part for damages suffered by the user;
(b) users of access rights are responsible for damages caused to the land; and
(c) the user who fails to comply with the access provisions may be removed from the land.
7. (21) Except for subsection (17) and the provision for Participation Agreements in paragraphs 18(c) and (d), the foregoing provisions relating to access constitute an interim measure and shall cease to have force and effect when and to the extent that laws of general application relating to access to private lands are enacted for lands in the Western Arctic Region.
As amended by P.C. 1987-26, January 15, 1987