7. (97) Except as otherwise provided in this Agreement, Inuvialuit lands shall be subject to the laws of general application applicable to private lands from time to time in force, including, without restricting the generality of the foregoing, territorial laws and ordinances that apply or are made to apply generally to private lands.

7. (98) Without limiting the application of subsection (97), it may be agreed that laws and regulations or provisions thereof that apply only to Crown lands shall apply to all or any Inuvialuit lands from any date on or after July 25, 1984, if the Inuvialuit or the appropriate minister so requests and the other party consents.

As amended by P.C. 1985-1144, April 4, 1985 and by P.C. 1987-26, January 15, 1987

7. (99) Where the Inuvialuit dispose of new rights respecting oil, gas, coal, minerals, sand and gravel and rock on Inuvialuit lands, the Inuvialuit Land Administration may set terms and conditions with respect to the environment and safety that equal or exceed the standards provided for under the laws of general application referred to in subsection (97).

7. (100) The parties to this Agreement agree that Inuvialuit lands shall be considered, accepted and deemed not to be lands reserved for Indians.

7. (101) Subject to this Agreement, the Inuvialuit shall continue to enjoy all of the rights of any property owner under the laws of general application.

7. (102) The Government shall, on receiving Cabinet approval to proceed to execute this Agreement, withdraw from disposition under the Territorial Lands Act, as quickly as possible: 

(a) the Inuvialuit land selections referred to in subsections 9(3) and (4), except 

(i) oil, gas and minerals included within oil, gas and mineral leases or permits referred to in Annex ,. except those surrendered to Canada between October 31, 1978 and the date of the execution of this Agreement, 

(ii) sand and gravel and 

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

(iii) the surface of the lands listed in Annexes Q and R; and 

(b) the Inuvialuit land selections referred to in subsection 9(5), except 

(i) oil, gas, related hydrocarbons, coal, native sulphur and minerals as defined in Annex M, 

(ii) sand and gravel, and

(iii) the surface of the lands listed in Annexes Q and R.

7. (103) Between the date of the execution of this Agreement and the coming into force of the Settlement Legislation, sand and gravel permits shall be issued in respect of Inuvialuit lands referred to in subsections 9(3) to (5) only on the basis of the provisions of subsections (27) to (42) or by Canada with the consent of COPE, but such consent shall not be unreasonably withheld in respect of the issuance of permits for sand and gravel from reasonable sources of supply to meet usual governmental needs. No sand and gravel permit shall be issued by Canada to a third party for a period longer than one year.

7. (104) Between the date of the execution of this Agreement and the coming into force of the Settlement Legislation, as oil, gas and mineral leases and permits referred to in subsection (102) terminate, Canada shall withdraw the lands that were subject to the leases and permits from further disposition. Those lands shall not be disposed of without the consent of COPE.

7. (105) Between the date of the execution of this Agreement and the coming into force of the Settlement Legislation, no surface rights shall be created by Canada with respect to Inuvialuit land selections referred to in subsections 9(3) to (5) without the consent of COPE, except as follows: 

(a) with respect to the surface leases and licences set out in Annex Q, the consent of COPE to any replacement thereof will first be sought, but if COPE withholds such consent, the Minister may issue a lease or licence for a term ending not later than December 31, 1984. Such lease or licence shall be issued on the condition that a Participation Agreement, as contemplated by section 10, will be entered into between COPE, Inuvialuit Land Administration and the applicant for the lease or licence, if COPE so requests; and

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

(b) if the applicant and COPE cannot agree as to the terms of the Participation Agreement, the Minister may require, as a condition of issuing the lease or licence, that the applicant enter into a Participation Agreement containing any terms proposed by COPE, Inuvialuit Land Administration and the applicant that, in the opinion of the Minister, are reasonable and appropriate.

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

7. (106) No government reservations shall be created on Inuvialuit lands between the date of the execution of this Agreement and the coming into force of the Settlement Legislation without the consent of COPE. If at any time in the future those reservations or any portions thereof described in Annex R are no longer needed for the purpose for which they were being used as of October 31, 1978, they shall be terminated and removed as an encumbrance against the title of the Inuvialuit lands received under the Settlement Legislation.

7. (107) No lease or licence issued pursuant to subsection (105) without the consent of COPE shall extend beyond December 31, 1984, and no such lease or licence shall include any right to the renewal thereof.

7. (108) Between the date of the execution of this Agreement and the coming into force of the Settlement Legislation, with respect to the lands referred to in subsections 9(3) to (5), where any surface lease or licence ceases or expires, and where the Minister does not replace the surface lease or licence provided by subsection (105), the lands covered by the lease or licence shall be withdrawn from further disposition if COPE so requests. Those lands shall not be disposed of without the consent of COPE.

7. (109) From the date of the coming into force of the Settlement Legislation, no further surface rights on Inuvialuit lands shall be created other than by the Inuvialuit, and the Inuvialuit shall have the full rights of ownership as provided by the Settlement Legislation with respect to those lands, subject to existing surface rights.

7. (110) The withdrawal of lands from disposition pursuant to subsection (102) shall continue until revoked by Order in Council.

As amended by P.C. 2004-337, March 30, 2004

7. (111) Prior to the coming into force of the Settlement Legislation, no revocation of the withdrawal referred to in subsection (110) shall be made without the consent of COPE.

7. (112) Subsection (111) does not apply after March 27, 1986.

8. (1) With respect to Area Number 2 as shown in Annex D, approval for any development activity shall be withheld unless the developer proves that the proposed development activity meets acceptable environmental standards and accounts for his standard of performance. The criteria for establishing acceptable environmental standards for the project and evaluating the developer's standard of performance shall be set by the Environmental Impact Review Board.

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

8. (2) Where approval is withheld pursuant to subsection (1), there shall be a right of appeal to the Minister who shall make the final decision. The procedure on appeal shall be the same as that provided in section 45 of the Territorial Land Use Regulations as amended from time to time.

8. (3) Where permits are relinquished by oil and gas developers within Area Number 2 as shown in Annex D, the relevant areas shall not be opened for future oil and gas development by Canada without prior consultation with the Inuvialuit Land Administration. For greater certainty, the Minister shall not enter into exploration agreements for those areas nor permit Petro Canada to select those areas nor issue oil and gas leases for those areas without the agreement of the Inuvialuit Land Administration or, if the Inuvialuit Land Administration does not agree, without the approval of the Governor in Council.

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

8. (4) No dredging or development activity, such as the building of drilling platforms or fuel storage facilities, shall be carried on in the waters of the areas shown as Areas Number 1 and Number 2 as shown in Annex D.

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

8. (5) The title to the 800 square miles of land selected in Cape Bathurst (the "Cape Bathurst selection") pursuant to subparagraph 7(1)(a)(ii), shown as Area Number 3 in Annex D, shall be subject to permits 4954 and 4955, as approximately shown in the parts marked "a" within Area Number 3 as shown in Annex D.

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

8. (6) Any new subsurface development with respect to the Cape Bathurst selection shall be subject to the consent of Canada.

8. (7) Where Canada wishes to approve development of land under permits numbered 4954 and 4955, any approval for access shall be withheld unless the developer proves that the proposed development activity meets acceptable environmental standards and accounts for his standard of performance. The criteria for establishing acceptable environmental standards for the project and evaluating the developer's standard of performance shall be set by the Environmental Impact Review Board. The provisions of subsection (2) apply with such modifications as the circumstances require.

9. (1) Inuvialuit lands selected for conveyance on passage of the Settlement Legislation have been selected from the lands traditionally used and occupied by the Inuvialuit, as shown in Annex B, unless otherwise agreed.

9. (2) Land selections by the Inuvialuit were based on the following criteria: 

(a) lands of importance to the Inuvialuit for reasons or biological productivity or traditional pursuits, including hunting, trapping and fishing; 

(b) areas that may be important to the Inuvialuit for the future development of tourism or that may offer other economic opportunities for the Inuvialuit; 

(c) areas of importance to the Inuvialuit because of the production of the wildlife and protection of the habitat; 

(d) historic Inuvialuit sites or burial grounds; 

(e) any areas that might be used by new Inuvialuit communities to be created in the future; 

(f) lands that do not contain proved oil and gas reserves; 

(g) lands that were not privately owned and lands that did not constitute public works as of July 13, 1978. The Inuvialuit may select and own the subsurface below privately owned lands and public work sites within paragraph 7(1)(a) lands if such subsurface ownership does not interfere with the private and public work use of the surface; and 

(h) in the selection of lands under paragraphs (a) to (e), it is understood that the Inuvialuit shall acquire certain non-renewable substances that may provide economic opportunities.

9. (3) The Inuvialuit lands selected by agreement between COPE and Canada pursuant to subparagraph 7(1)(a)(i) are: 

(a) the block of land near Aklavik shown in Annex F and described in Annex F-1; 

(b) the block of land near Inuvik shown in Annex G and described in Annex G-1; 

(c) the block of land near Tuktoyaktuk shown in Annex H and described in Annex H-1, except surface title (including sand and gravel) to the part lying within the proposed Pingo Canadian Landmark Site shown in Annex H-2 and described in Annex H-4; 

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

(d) the block of land near Paulatuk shown in Annex I and described in Annex I-1; 

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

(e) the block of land near Sachs Harbour shown in Annex J and described in Annex J-1; and 

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

(f) the block of land near Holman shown in Annex K and described in Annex K-1.

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

9. (4) The Inuvialuit land selected by agreement between COPE and Canada pursuant to subparagraph 7(1)(a)(ii) is the block of land shown in Annex D as Area Number 3 and described in Annex D-1.

9. (5) The Inuvialuit lands selected by agreement between COPE and Canada pursuant to paragraph 7(1)(b) are: 

(a) the block of land near Aklavik shown in Annex F and described in Annex F-2; 

(b) the blocks of land near Inuvik shown in Annex G and described in Annex G-2; 

(c) the block of land near Tuktoyaktuk shown in Annex H-5 and described in Annex H-6; 

(d) the block of land near Paulatuk shown in Annex I-4 and described in Annex I-5; 

(e) the block of land near Sachs Harbour shown in Annex J-4 and described in Annex J-5; and 

(f) the blocks of land on Victoria Island shown in Annex K-4 and described in Annex K-5.

9. (6) All Inuvialuit lands have been selected on the basis of negotiations between Canada and COPE, as approved by the Minister.

9. (7) All Inuvialuit lands so selected shall be transferred to the Inuvialuit Land Corporation, or the Inuvialuit Regional Corporation for the Inuvialuit Land Corporation, pursuant to the provisions of this Agreement and the Settlement Legislation.

9. (8) Maps showing the selections identified in subsections 9(3), (4) and (5) signed by the parties to this agreement are recorded in the Canada Lands Survey Records at Ottawa as No's. 69419,69420, 69421, 69422 and 69423.

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

 

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.

12. (1) For the purposes of this section, "Yukon North Slope" means all those lands between the jurisdictional boundaries of Alaska and the Yukon Territory and the Northwest Territories, north of the height of land dividing the watersheds of the Porcupine River and the Beaufort Sea, and including adjacent nearshore and offshore waters and islands.

12. (2) The Yukon North Slope shall fall under a special conservation regime whose dominant purpose is the conservation of wildlife, habitat and traditional native use.

12. (3) Subject to subsections (5) to (15):

(a) all development proposals relating to the Yukon North Slope shall be screened to determine whether they could have a significant negative impact on the wildlife, habitat or ability of the natives to harvest wildlife;

(b) other uses within the Yukon North Slope shall be considered and may be permitted if it is shown that there would be no significant negative impact on wildlife, habitat or native harvesting;

(c) other uses within the Yukon North Slope that may have a significant negative impact on wildlife, habitat or native harvesting shall be permitted if it is decided that public convenience and necessity outweigh conservation or native harvesting interests in the area; and

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

(d) development proposals relating to the Yukon North Slope that may have a significant negative impact shall be subject to a public environmental impact assessment and review process.

12. (4) Subject to this section, the withdrawal from disposition under the Territorial Lands Act of certain lands described in the Prohibition and Withdrawal of Certain Lands from Disposal (Order SOR/80-198, 27 March, 1980. as set out in Annex E-1), within the Yukon North Slope shall be maintained.

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

12 (5) Canada agrees to establish, under the National Parks Act, the Settlement Legislation or such other legislation as may be appropriate or necessary, a National Park comprising the western portion of the Yukon North Slope shown in Annex E and more particularly described as the area bounded to the south by the height of land being the watershed and to the east by the eastern shoreline of the Babbage River.

12. (6) The planning for the National Park and the management thereof shall have as their objects to protect the wilderness characteristics of the area, maintaining its present undeveloped state to the greatest extent possible, and to protect and manage the wildlife populations and the wildlife habitat within the area.

12. (7) Except as provided in subsection (14), the National Park shall be zoned and managed as a wilderness oriented park.

12. (8) Development activities inconsistent with the purposes of the National Park shall be prohibited, and any change in the character of the National Park shall require the consent of the Inuvialuit.

12. (9) The Wildlife Management Advisory Council established by subsection (46) shall advise the appropriate minister on park planning and management.  The Council shall recommend a management plan for the National Park.

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

12. (10) No lands forming part of the National Park shall be removed from National Park status without the consent of the Inuvialuit.

12. (11) Canada agrees that prior to the establishment of the National Park, the lands comprising it shall be maintained in a manner that recognizes their future use and protects the land and its habitat for this purpose.

12. (12) Nothing inconsistent with the provisions of this Agreement shall be permitted between the date of the execution of this Agreement and the coming into force of appropriate legislation creating the Park.

12. (13) The rights provided to the Inuvialuit under this Agreement in respect of the National Park shall take effect as of the date of the coming into force of the Settlement Legislation. For greater certainty, the Government of the Yukon Territory shall retain its present jurisdiction until the creation of the National Park.

12. (14) If it is determined pursuant to section 11 that an area identified in Annex E as Stokes Point is required for limited scale use and temporary use purposes in support of hydrocarbon development, the use shall be permitted on the following conditions:

(a) the land to be used does not exceed forty (40) acres and any additional land that is required to satisfy the licencing requirements of the Yukon Territorial Water Board;

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

(b) the use of the land is such as not to prevent its restoration to the state it was in prior to such use; and

(c) the activity must not be on a scale and of a nature as to significantly derogate from the quality and character of the adjacent Park lands.

12. (15) In subsection (14),

(a) "limited scale use" includes the storage of fuel and supplies, emergency repairs and maintenance facilities, transhipment depots, caches and similar uses; and

(b) "temporary use" means a period of active occupation that, in the aggregate, does not exceed six (6) years.

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

12. (16) The parties agree that Herschel Island is to be established as the Herschel Island Territorial Park and, in establishing that Park, the Government of the Yukon Territory will consult the Inuvialuit.

12. (17) Except for the lands adjacent to Pauline Cove, the park regime on Herschel Island shall be no less stringent than that of the National Park pursuant to subsections (5) to (13).

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

12. (18) Within the lands adjacent to Pauline Cove, the historic resources shall be protected in a manner no less stringent than that of the regime of a National Historic Park as set out in the National Parks Act.

12. (19) Any development activity proposed within the lands adjacent to Pauline Cove shall be subject to:

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

(a) the screening and review process set out in section 1; and

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

(b) the criteria set out in subsection (23) shall apply; and

(c) the terms and conditions governing such development shall be no less stringent than those under the Territorial Land Use Regulations in force at the time.

12. (20) The parties agree that the area east of the Babbage River extending to the jurisdictional boundary between the Yukon Territory and the Northwest Territories, but not including the adjacent nearshore and offshore waters, shall be designated as an area in which controlled development may take place, subject to the provisions of this Agreement and to laws of general application.

12. (21) Any development activity proposed for the area referred to in subsection (20) shall be subject to the screening and review process set out in section 11.

12. (22) Any development activity proposed for the adjacent nearshore and offshore waters shall be subject to the normal government process and the wildlife compensation provisions of section 13.

12. (23) The appropriate review board shall take into account the following criteria in its consideration of any development proposal:

(a) analysis of the significance of the part or parts of the Yukon North Slope proposed for development use from the standpoint of conservation and harvesting interests;

(b) evaluation of practical alternative locations and of the relative commercial and economic merits of and environmental impact on such locations compared to the part or parts of the area proposed for utilisation in the application;

(c) evaluation of the environmental and social impacts of the proposed development;

(d) weighing of the interests of users, conservationists and harvesters in the Yukon North Slope against public convenience and necessity for development;

(e) evaluation of the ability of the applicant to demonstrate that he has, or will acquire, the proven capability to carry out the project in accordance, with established standards of performance, safeguard and other requirements and to carry out the necessary environmental mitigation and restoration; and

(f) requirements for effective machinery to ensure that the development proceeds in accordance with any established terms and conditions.

12. (24) Subject to the laws of general application respecting public safety and conservation, the Inuvialuit right to harvest on the Yukon North Slope includes:

(a) subject to the collective harvesting rights in favour of ail native peoples under the Porcupine Caribou Management Agreement referred to in Annex L, the preferential right to harvest all species of wildlife, except migratory non-game birds and migratory insectivorous birds, for subsistence usage throughout the Yukon North Slope;

(b) the exclusive right to harvest furbearers and polar bear; and

(c) the exclusive right to harvest game within the National Park, the Territorial Park and adjacent islands.

12. (25) Where harvesting rights are extended to other native peoples pursuant to subsection (33) and subsections 14(17) and (18), their requirements as to subsistence usage shall be taken into account in setting subsistence quotas and the subsistence requirements of all native peoples shall be accommodated within conservation limits.

12. (26) Sport fishing shall be permitted throughout the Yukon North Slope including the National Park and the Territorial Park.

12. (27) Where, in the exercise of their exclusive right to harvest game within the National Park and the Territorial Park, the Inuvialuit wish to permit:

(a) persons who are not beneficiaries of the Settlement or adjacent land claims settlements to harvest     any such game, prior approval of the appropriate minister is required and that minister may grant the privilege on any terms and conditions he stipulates; and 

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

(b) persons who are beneficiaries of adjacent land claims settlements to harvest any such game, those persons, if so permitted, may harvest game on the same basis as the Inuvialuit.

12. (28) Where, in the exercise of their exclusive right to harvest polar bear in the Yukon North Slope outside the National Park, the Inuvialuit permit persons who are not beneficiaries of the Inuvialuit Settlement or adjacent land claims settlements to harvest any such polar bear, the harvesting shall be regulated by the competent authority under the laws of general application.

12. (29) Where, in the exercise of their exclusive right to harvest furbearers in the Yukon North Slope outside the National Park, the Inuvialuit permit non-Inuvialuit to harvest any such furbearers, the harvesting shall be subject to any approval or notification required by the appropriate government and shall be regulated by the competent authority under the laws of general application.

12. (30) For greater certainty, the Inuvialuit shall make no gain or profit from the granting of permission to non-Inuvialuit to harvest furbearers except where it is part of a reciprocal arrangement with beneficiaries from an adjacent land claims settlement.

12. (31) The Inuvialuit may trade and barter game products with other Inuvialuit beneficiaries in the Yukon North Slope.

12. (32) Subject to the provisions of the Migratory Birds Convention Act and any regulations thereunder, the Inuvialuit may for subsistence usage sell game products to other Inuvialuit beneficiaries in the National Park.

12. (33) Where native beneficiaries in adjacent land claims settlements acquire rights to game resources within the Yukon North Slope on the basis of traditional use and occupancy, those beneficiaries shall be entitled to exchange game products with the Inuvialuit on the same basis as that provided for the Inuvialuit under this Agreement.

12. (34) Where, in the final settlement of the land claims of adjacent native groups, provision is made for the exchange of game products with the Inuvialuit, the right of the Inuvialuit to exchange amongst themselves shall be extended to those other native beneficiaries.

12. (35) Subject to the provisions of the Migratory Birds Convention Act, any regulations thereunder and other similar laws of general application, the right to harvest includes the right to sell the non-edible products of legally harvested game.

12. (36) The right to harvest game includes the right to use present and traditional methods of harvesting and the right to possess and use all equipment reasonably needed to exercise that right, subject to international agreements to which Canada is a party and to laws of general application respecting public safety and conservation. The right to harvest game includes the right to possess and transport legally harvested game within and between the Yukon Territory and the Northwest Territories.

12. (37) Subject to subsection (38), the right to harvest game includes the right to travel and establish camps as necessary to exercise that right.

12. (38) In the National Park referred to in subsection (5) and the Territorial Park referred to in subsection (16) the Inuvialuit have the right to use existing hunting, fishing and trapping facilities associated with their game harvesting activities and to establish new facilities after consultation with the management authority.  The location of new facilities shall be determined on the basis of the management objectives for these parks.

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

12. (39) The Inuvialuit need not obtain permits, licences or other authorization to harvest wildlife but may be required to show proof of status as Inuvialuit beneficiaries.  Where, for the purpose of conservation, permits, licences or other authorizations are required by the appropriate minister or on the recommendation of the Wildlife Management Advisory Council, Fisheries Joint Management Committee, or the Porcupine Caribou Management Board, the Inuvialuit shall have the right to receive such permits, licences or other authorizations from the local authority at no cost.

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

12. (40) Nothing in this Agreement or the Settlement Legislation shall prevent any person from taking game for survival in an emergency.

12. (41) Within their respective jurisdictions, governments shall determine the harvestable quotas for wildlife species based on the principles of conservation and the following procedures:

(a) the Wildlife Management Advisory Council (North Slope) established by subsection (46) shall determine the total allowable harvest for game according to conservation criteria and such other factors as it considers appropriate. The Council shall make its recommendations to the appropriate minister, who shall, if he differs in opinion with the Council, set forth to the Council his reasons and afford the Council a further consideration of the matter;

(b) in determining the total allowable harvest, conservation shall be the only consideration. For greater certainty, where the Inuvialuit have the exclusive right to harvest, they shall be entitled to harvest the total allowable harvest;

(c) for the purposes of management and in order to protect the interest of the Inuvialuit harvesters, subsistence quotas for the wildlife referred to in paragraph (24)(a) shall be jointly established by the Inuvialuit and the governments having jurisdiction over species or species groups of subsistence value, as follows:

(i) within the total allowable harvest for game, the Wildlife Management Advisory Council (North Slope) shall determine the subsistence quotas according to the criteria and factors it considers appropriate in addition to chose referred to in subparagraph (ii). The Council shall make its recommendations to the appropriate minister, who shall, if he differs in opinion from the Council, set forth to the Council his reasons and afford the Council further consideration of the matter, and

(ii) in determining the subsistence quota, the following criteria shall be taken into account by the Council or, where appropriate, by the Porcupine Caribou Management Board, and the appropriate minister: 

(A) the food and clothing requirements of the Inuvialuit,

(B) the usage patterns and levels of harvest of the Inuvialuit,

(C) the requirements for particular wildlife species for subsistence usage,

(D) the availability of wildlife populations to meet subsistence usage requirements including the availability of species from time to time,

(E) the projections for changes in wildlife populations, and

(F) the national and international obligations of Canada with respect to migratory game birds.

(F) as amended by P.C. 1987-26, January 15, 1987

(d) the allocation of the Inuvialuit quotas amongst themselves shall be the responsibility of the Inuvialuit.

12. (42) The parties agree that the predominant number of persons employed in the operation and management of the parks referred to in subsections (5) and (16) should be Inuvialuit. The appropriate government shall provide training to assist the Inuvialuit in qualifying for such employment.

12. (43) To the extent that the management regime of the said parks provides for economic activities, the parties agree that opportunities should be provided to the Inuvialuit on a preferred basis.

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

12. (44) The Inuvialuit shall be invited to participate in the planning process for any development on the lands available for development adjacent to Pauline Cove on Herschel Island, and in the economic opportunities arising out of such development. Subject to all applicable laws, the Inuvialuit shall have the right of first refusal with respect to any activities in the nature of guiding related to wildlife within the Yukon North Slope.

12. (45) The Inuvialuit and the Council for Yukon Indians may enter into bilateral agreements, such as the agreement dated March 15, 1984 between the Council for Yukon Indians and the Inuvialuit, whereby the native groups may share in the rights, privileges and benefits afforded Inuvialuit beneficiaries in the Yukon North Slope.

12. (46) In order to provide for joint planning by the native people and the governments in the Yukon North Slope with respect to the principles set out in subsections (2) and (3), a Wildlife Management Advisory Council shall be established as soon after the execution of this Agreement as is practicable.

12. (47) The Council shall have as permanent members a chairman and an equal number of members designated by:

(a) government, and

(b) the Inuvialuit and other native groups referred to in subsection 12(50).

As amended by P.C. 2004-337, March 30, 2004

12. (48) The permanent members of the Council shall include at least one person designated by the Government of the Yukon Territory and one person designated by the Minister of the Environment of Canada.

12. (49) In addition to permanent members of the Council designated by government, temporary members may be co-opted from government departments or Inuvialuit or native groups as they may be required from time to time.

As amended by P.C. 2004-337, March 30, 2004

12. (50) The permanent members of the Council appointed to represent the native interests shall include persons designated by the Inuvialuit, and, subject to agreements, by other native groups that have acquired harvesting rights in the Yukon North Slope under their land claims settlements.

12. (51) The Chairman of the Council shall be appointed by the Government of Yukon Territory, with the consent of the members designated by the Inuvialuit and Canada.

As amended by P.C. 2004-337, March 30, 2004

12. (52) The permanent members of the Council shall each have one (1) vote. The Chairman shall have a vote only in case of a deadlock. Temporary members shall not have a vote.

12. (53) The Council may establish rules and adopt bylaws regulating its procedures.

12. (54) The Government of the Yukon Territory agrees to provide a secretariat to assist in meeting the administrative needs of the Council

12. (55) Each party shall pay the remuneration and expenses of the members of the Council that it appoints or designates.

12. (56) The reasonable expenses (travel and accommodation costs) and remuneration required for Inuvialuit members appointed to the Wildlife Management Advisory Council (North Slope), referred to in subsection 12(55), to attend regular meetings of the Council shall be reimbursed by the Government of the Northwest Territories, as provided through funding agreements between Canada and the Government of the Northwest Territories as are negotiated from time to time. These funding agreements shall not form part of the Agreement.

As amended by P.C. 2004-337, March 30, 2004

12. (57) The Council shall provide advice to the appropriate ministers on all matters relating to wildlife policy and the management, regulation and administration of wildlife, habitat and harvesting for the Yukon North Slope and, without restricting the generality of the foregoing, the Council shall:

(a) provide advice on issues pertaining to the Yukon North Slope to the Porcupine Caribou Management Board, the Yukon Land Use Planning Commission, the Review Board and other appropriate groups;

(b) prepare a wildlife conservation and management plan for the Yukon North Slope for recommendation to the appropriate authorities as a means for achieving and maintaining the principles of conservation set out in subsections (2) and (3);

(c) determine and recommend appropriate quotas for Inuvialuit harvesting of game in the Yukon North Slope; and

(d) advise on measures required to protect habitat that is critical for wildlife or harvesting in the Yukon North Slope including those referred to in subsection 14(3).

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

12. (58) There shall be a Yukon North Slope Annual Conference, to be held once a year in the Yukon Territory, to promote public discussion among natives, governments, and the private sector with respect to management co-ordination for the Yukon North Slope.

As amended by P.C. 2004-337, March 30, 2004

12. (59) Each Yukon North Slope Annual Conference shall be attended by representatives of native groups with an interest in the Yukon North Slope, at least one senior official from each appropriate government department and representatives of other interested parties, as selected by the Chairman, including industry and special interest groups.

As amended by P.C. 2004-337, March 30, 2004

12. (60) A Chairman shall be named at each Yukon North Slope Annual Conference to hold office until the next Annual Conference. The first Chairman shall be appointed by the Government of the Yukon Territory, the second Chairman shall be appointed by the native groups that have an interest in the Yukon North Slope and, thereafter, the Chairman shall be appointed by those parties on an alternating basis.

As amended by P.C. 2004-337, March 30, 2004

12. (61) The Government of the Yukon Territory agrees to provide administrative support services for the Yukon North Slope Annual Conference.

As amended by P.C. 2004-337, March 30, 2004

12. (62) During the third Yukon North Slope Annual Conference, Canada, the Government of the Yukon Territory and the Inuvialuit shall collectively review the proceedings and results of past Conferences and determine whether the objective in having such conferences warrants their continuation and, where the conferences are continued, such a review shall be carried out every three years thereafter.

As amended by P.C. 2004-337, March 30, 2004

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.

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.

13. (4) Subject to this section, the Inuvialuit shall benefit from environmental protection measures designed to reduce future harvest loss resulting from development in the Inuvialuit Settlement Region.

13. (5) The provisions of this section do not apply to development activities on lands owned by the Inuvialuit under paragraph 7(1)(a) except developments proposed for lands presently the subject of outstanding leases or other existing rights.

13. (6) Where, in accordance with section 10, Participation Agreements are entered into that by voluntary agreement establish mitigative and remedial obligations for developers, subsection (16) does not apply.

13. (7) Every proposed development of 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.

13. (8) If the Screening Committee determines that a proposed development could have a significant negative impact on present or future wildlife harvesting, it shall refer the proposal for an environmental impact assessment and review in the manner provided by subsections (9) and (10).

13. (9) Where a proposed development is subject to environmental impact review that, in the opinion of the Screening Committee, adequately encompasses or will encompass the assessment and review function and includes or will include in its evaluation adequate terms and conditions of development and limits of liability, the Screening Committee shall refer the proposal to the body carrying out the environmental impact review.

13. (10) If, in the opinion of the Screening Committee, the review body does not or will not adequately incorporate within its review each element of the process set out in subsection (9), or if the review body declines to do so, the proposal shall be referred to the Review Board.

13. (11) Where, pursuant to subsection (10), a proposal is referred to the Review Board, it shall, on the basis of the evidence and information before it, recommend to the government authority empowered to approve the proposed development:

(a) terms and conditions relating to the mitigative and remedial measures that it considers necessary to minimize any negative impact on wildlife harvesting; and

(b) an estimate of the potential liability of the developer, determined on a worst case scenario, taking into consideration the balance between economic factors, including the ability of the developer to pay, and environmental factors.

13. (12) The Government agrees that every proposed development of consequence to the Inuvialuit Settlement Region that is within its jurisdiction and that could have a significant negative impact on wildlife habitat or on present or future wildlife harvesting will be authorized only after due scrutiny of and attention to all environmental concerns and subject to reasonable mitigative and remedial provisions being imposed.

13. (13) Every developer, other than a government but including a Crown corporation, shall be required to prove financial responsibility before being authorized to undertake any development in the Inuvialuit Settlement Region.

13. (14) The government authority empowered to permit the development and set the terms and conditions thereof may require a developer to provide for and ensure financial responsibility with respect to the obligations and undertakings provided in this section in the form of a letter of credit, guarantee or indemnity bond or any other form satisfactory to the government authority.