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.

13. (16) Subject to subsections (5) and (6) , if any developer who has caused actual wildlife harvest loss or future harvest loss is unable or fails to meet his responsibilities therefor,  Canada acknowledges that, where it was involved in establishing terms and conditions for the development , it has a responsibility to assume the developer ‘s liability for mitigative and remedial measures to the extent practicable.

13. (17) No recourse pursuant to subsection (18) may be taken against a developer unless a claim is made under subsection (19) within three years from the time when the loss in respect of which the recourse is exercised occurred or first occurred, as the case may be, or could reasonably be expected to have become known to those affected thereby.