General Access To And Across Inuvialuit Lands

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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 Government s 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 of a casual nature relating to investigative and preliminary work on those lands; subject to the same conditions as set out in subsection (15); 

(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 made applicable to lands in the Western Arctic Region . Public Right of Entry on Inuvialuit lands to fish

7. (22) Every person fish ing in waters located wholly within (1)(a) or (1)(b) lands shall be required first to register with the appropriate Hunters and Trappers Committee (HTC) or its designated agent.

7. (23) Entry across and on (1)(a) lands for the purpose of fish ing shall be granted at the sole discretion of the Inuvialuit .

7. (24) The Inuvialuit agree to allow persons to enter on (1)(b) lands for the purpose of sport and commercial fish ing in waters within (1)(b) lands and Crown lands beyond (1)(b) lands and to allow those persons to erect temporary facilities and carry out other activities ancillary to sport and commercial fish ing where: 

(a) the persons are duly licenced to fish by the appropriate Government al authority; 

(b) the persons register with the appropriate person or body in accordance with the registration system referred to in paragraph 14(64)(d); and

(c) the persons do not fish in an area in which fish ing is prohibited.

7. (25) A person shall be subject to the law respecting trespass on private land if he gains entry to (1)(b) lands under subsection (24) and: 

(a) engages in any activity other than sport or commercial fish ing or activities ancillary to sport or commercial fish ing; 

(b) contravenes any of the terms and conditions of his fish ing licence; 

(c) fails to comply with any conditions of or restrictions on access set by the fish eries Joint Management Committee to be established pursuant to subsection 14(61); 

(d) diminishes the value of the land to the Inuvialuit . or 

(e) interferes with the right of the Inuvialuit to the use and enjoyment of their land beyond interference unavoidably caused by his presence for the purpose of fish ing.

7. (26) The granting of the right of public entry shall not place the Inuvialuit under any legal or statutory duty to any person and. for greater certainty, the right of public entry shall not be construed to create any right in favour of any person or interfere with or affect
the Inuvialuit rights and title to the land beyond the granting of such entry. Persons using the right of entry do so at their own risk and have no right of action against the Inuvialuit for alleged loss or damage arising therefrom.