Wildlife Compensation
Wildlife Compensation
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 fish ermen for the loss of their subsistence or commercial harvesting opportunities.
Definitions and General Principles
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.
Wildlife Impact Assessment
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.
Financial Responsibility
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 .
Liability for Damage
13. (15) Where it is established that actual wildlife harvest loss or future harvest loss was caused by development , the liability of the developer shall be absolute and he shall be liable without proof of fault or negligence for compensation to the Inuvialuit and for the cost of mitigative and remedial measures as follows:
(a) where the loss was caused by one developer , that developer shall be liable;
(b) where the loss was caused by more than one developer , those developer s shall be jointly and severally liable; and
(c) where the loss was caused by development generally, but is not attributable to any specific developer , the developer s whose activities were of such nature and extent that they could reasonably be implicated in the loss shall be jointly and severally liable.
Recourses of The Inuvialuit
13. (18) Where actual wildlife harvest loss or future harvest loss results from development , the Inuvialuit may exercise the following recourses:
(a) respecting actual wildlife harvest loss , Inuvialuit hunters, trappers and fish ermen who depend on hunting, trapping or fish ing for a material part of their gross income have the right to obtain compensation for damage to or loss of harvesting equipment and for loss or reduction of hunting, trapping or fish ing income. Inuvialuit claimants may act individually or collectively or through duly authorized representatives, subject to the right of the other parties to verify the representative quality or capacity of the group or representative and the validity of the claims.
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 .
Legal Rights and Recourses
13. (25) The wildlife compensation provisions and procedures in this section are without prejudice to the legal rights and recourses of the parties, but where the provisions of subsections (19) to (23) are applied, the decision of the Arbitration Board is final and binding on the parties to the arbitration, subject only to the review provisions of this Agreement.