Water Management
7. (85) Notwithstanding Inuvialuit ownership of beds of rivers, lakes and other water bodies,
(a) Canada shall retain the right to manage and control waters, waterways, beds of rivers, lakes and water bodies for the purpose of the management of fish , migratory game birds , migratory non- game birds, and migratory insectivorous birds and their habitat, and the Inuvialuit shall not impede or interfere with that right. For greater certainty. Canada retains the right to enter on Inuvialuit lands for the purposes of conducting fish eries research and management related activities, and the right to erect small scale temporary camps and installations. Canada shall consult with the Inuvialuit Land Administration with respect to the carrying out of these rights;
As amended by P.C. 1987-26, January 15, 1987
(b) Canada shall retain the right to manage and control waters, waterways, beds of rivers, lakes and water bodies for the purpose of carrying out Government al functions relating to navigation, transportation, flood control and similar matters. The Inuvialuit shall not impede or interfere with Canada ‘s carrying out of these functions. Canada shall consult with the Inuvialuit Land Administration with respect to the carrying out of these functions. Where such functions result in damage to the Inuvialuit or their lands or significant impact on the Inuvialuit or their use of their lands, they shall be entitled to compensation, the nature and amount of which shall be negotiated between the Inuvialuit Land Administration and the Government with ultimate recourse to the courts; and
(c) the appropriate Government shall control and manage the waters and water beds and adjacent lands for the purpose of ensuring the protection of community water supplies from contamination and degradation. Such management shall ensure that community requirements are met first. The appropriate Government shall consult with the Inuvialuit Land Administration with regard to the manner in which it manages community water supplies.
7. (86) Those pans of Inuvialuit lands that lie within the Andersen River Bird Sanctuary and the Banks Island Bird Sanctuaries shall continue to be subject to the right of management of Canada under the Migratory Bird Sanctuary Regulations.
7 (87) Canada reserves the right to establish and operate new meteorological and climatological stations on lands received by the Inuvialuit pursuant to paragraph (1)(b), subject to conditions, including the payment of compensation, to be negotiated by Canada and the Inuvialuit . In the event of disagreement, the matter in question shall be referred to the Arbitration Board pursuant to section 18 .
7. (88) To provide the Government with flexibility to react quickly in order to meet its responsibilities for navigation and safety, the Inuvialuit agree that, with respect to navigable waters, the Government may establish navigation aids and safety devices along the shorelines of navigable waters anywhere in unoccupied Inuvialuit (1)(b) lands except the Husky Lakes Areas Numbers 1 and 2 as shown in Annex D, without having to receive the prior consent of the Inuvialuit . If any such navigation aid or safety remains for more than one year at any particular site, the Government shall give notice thereof to the Inuvialuit and the Inuvialuit shall have the option of requiring expropriation of that site.
As amended by P.C. 1987-26, January 15, 1987
7. (89) Canada and the Inuvialuit agree that Canada will have the right to conduct or authorize dredging operations for purposes of transportation on all navigable waters situated within Inuvialuit paragraph (1)(b) lands, except the Husky Lakes Areas Numbers 1 and 2 as shown in Annex D.
As amended by P.C. 1987-26, January 15, 1987
7. (90) Inuvialuit ownership of the beds of rivers, lakes and other water bodies does not provide the Inuvialuit with a proprietary interest in fish or give them the exclusive right to harvest fish .
7. (91) Subject to subsection (92), and notwithstanding Canada ‘s ownership of water within paragraph (1)(b) lands, the Inuvialuit right to hunt, fish and trap on Inuvialuit lands as set out in section 14 and, in particular, the exclusive right set out in paragraph 14(6)(d), shall extend to all rivers, lakes and other water bodies within Inuvialuit lands .
As amended by P.C. 1987-26, January 15, 1987
7. (92) Where Canada retains ownership of the waters and beds of water bodies within the Husky Lakes Areas Numbers 1 and 2 as shown in Annex D, the Inuvialuit shall not have the exclusive right to harvest migratory game birds thereon, but Canada shall endeavour to ensure, by means of regulations pursuant to the Migratory Birds Convention Act, that the Inuvialuit and persons with rights recognized by subsections 14(15) to (18) are the only persons allowed to harvest such birds.