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. 1987-26, January 15, 1987

18. (4) Notwithstanding any other provisions of section 18 , in the event that the Chairman is incapacitated or otherwise unable to discharge the functions prescribed under section 18 , or if the position of chairman is vacant, the Vice-Chairman has and may exercise all of the functions of the Chairman.

18. (5) Canada shall appoint five (5) members of the Arbitration Board , among whom shall be the Chairman and the Vice-Chairman. The Chairman and Vice-Chairman must, however, be acceptable to the Inuvialuit and Industry. Of the three (3) other members appointed by Canada , each of the Government of the Northwest Territories and the Government of Yukon Territory shall designate one. Where the parties cannot agree on a chairman or vice-chairman or both, the Chief Justice of either of the Territories may appoint a chairman or vice-chairman or both at the request of one of the parties.

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

18. (6) Each of the Inuvialuit and Industry shall appoint three (3) members of the Arbitration Board .

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

18. (7) 1For the purposes of subsections (4) and (5), “Industry” means the five (5) largest commercial and industrial entities in the Inuvialuit Settlement Region from time to time with regard to assets in the Region, but not more than two (2) of such entities shall be controlled by Inuvialuit .

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

18. (8) Each member shall be remunerated and replaced by the party that appointed him. The term of office of all members, including the Chairman and the Vice-Chairman, shall be three years and they are eligible to be re-appointed on the expiration of the term.

18. (9) A register shall be kept of all decisions of the Arbitration Board . The decisions made by the Arbitration Board shall be retained and made available to the public on request.

18. (10) The Arbitration Board may establish and adopt by-laws and rules for its internal management and its procedures.

18. (11) Canada shall provide the Arbitration Board with the staff required to enable it to fulfill its functions.

18. (12)  Canada ‘s obligation to fund the Arbitration Board shall be limited to the remuneration of members appointed and staff provided by Canada and to the expense of the Board’s premises.  It is not intended that the Arbitration Board involve significant expense to Canada unless Canada deems it necessary or advisable to expand the Board’s role or jurisdiction.

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section 18 (7) should read, ‘For the purposes of (5) and (6)….’ Amendment to follow.