Arbitration
Arbitration
All subsections from 18(4) up to and including 18(36) have been amended, effective March 30, 2004
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 (11) members, including a Chairman and a Vice-Chairman.
As amended by P.C.
Formation of Panels
18. (13) 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.
Initiation of Arbitration
18. (16) 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.
Procedure and Evidence
18. (22) The hearing of the Arbitration Board shall commence with the party initiating the arbitration presenting its case summarized in writing and supported by witnesses available for cross-examination. The other party or parties shall similarly present their cases followed by any intervenor.
Award and Costs
18. (28) The panel shall make its award in writing within three (3) months after the hearing or at any other date to which all the parties to the arbitration agree in writing.
18. (29) Notice of the award shall be delivered to all parties to the arbitration and shall be enforced in the same manner as a judgement or an order of a Court.
Jurisdiction of Board
18. (33) The Arbitration Board shall have jurisdiction to arbitrate any difference between the Inuvialuit and Industry or Canada as to the meaning, interpretation, application or implementation of this Agreement.
18. (34) It is agreed that this arbitration process shall not apply to the rights of any other native group confirmed by any other Settlement Legislation without their consent.