10. (1) For the purposes of exploration, development and production activities by holders of valid rights or interests issued by Canada on 7(1)(a) lands and holders of petroleum, coal or mineral rights or interests issued by Canada on 7(1)(b) lands, access on and across Inuvialuit lands shall be guaranteed by the Inuvialuit Land Administration, subject to the payment by the developer of fair compensation to the Inuvialuit for such access, for any damage to Inuvialuit lands and for any diminution of the value of their interests in their lands.

As amended by P.C. 1987-26, January 15, 1987 and by P.C. 2004-337, March 30, 2004

10. (2) Except as otherwise agreed by the Inuvialuit Land Administration, before exercising his guaranteed right of access, a developer must have concluded a valid Participation Agreement with the Inuvialuit Land Administration setting out the rights and obligations of the parties respecting the activity for which the access is being granted.

As amended by P.C. 1987-26, January 15, 1987

10. (3) The Inuvialuit Land Administration shall have the right to negotiate with the developer/applicant an appropriate land rent (not to include royalty revenues) and a Participation Agreement that may include specific terms and conditions respecting the nature and magnitude of the land use for which the access is being sought. Without limiting their generality, the terms and conditions may also include: 

As amended by P.C. 1987-26, January 15, 1987

(a) costs associated with any Inuvialuit Land Administration inspection of the development work sites and the nature and scope of such inspection;

As amended by P.C. 1987-26, January 15, 1987 

(b) wildlife compensation, restoration and mitigation; 

(c) employment, service and supply contracts; 

(d) education and training; and 

(e) equity participation or other similar types of participatory benefits.

10. (4) The term of a Participation Agreement may continue until the termination date of the right issued or the interests accorded by Canada to which the Participation Agreement relates.

10. (5) The area to which a Participation Agreement applies is the area in which the activities of the holder of the right or interest take place and the area affording access thereto and egress therefrom.

10. (6) The parties to a Participation Agreement shall have the right to monitor and, where necessary, inspect any activity undertaken under the terms of that Participation Agreement.

10. (7) Except where the Inuvialuit and industry have concluded a voluntary co-operation agreement referred to in subsection 16(12), Canada, after negotiating with the Inuvialuit Land Administration, shall determine procedures and timetables for concluding Participation Agreements including the time period for the negotiation and arbitration phases. Such procedures and timetables shall be reasonable, shall reflect the size and nature of the different types of projects and shall generally accord with government approval schedules, including both statutory and administrative schedules. The fundamental objective is to conduct the negotiations in a fair and expeditious manner, ensuring that negotiations between the Inuvialuit and industry proceed concurrently with the government approval process.

As amended by P.C. 1987-26, January 15, 1987

10. (8) Where the parties have not been able to agree on a Participation Agreement, the matter shall be referred to the Arbitration Board pursuant to section 18. The Arbitration Board shall have before it as the basis of its arbitration the last comprehensive proposal put forward by each of the parties. The parties shall promptly submit to the Arbitration Board the reasons for their positions.

As amended by P.C. 1987-26, January 15, 1987

10. (9) The Arbitration Board may select the proposal it considers the more reasonable or may, after consultation with the parties, make a compromise ruling.