Dispute Resolution

SECTION 18: ARBITRATION 

DEFINITIONS 

18.(1) In this section, 

“Court” has the meaning given that term by the Judicature Ordinance of the Northwest Territories or its successor; 

“Inuvialuit” includes Inuvialuit acting individually, collectively or through duly authorized representatives; 

“Judge” has the meaning given that term by the Judicature Ordinance of the Northwest Territories or its successor; 

“panel” means a panel of the Arbitration Board formed pursuant to this section. 

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 January 15, 1987 

18.(4) 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 the 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 January 15, 1987 

18.(5) Each of the Inuvialuit and Industry shall appoint three (3) members of the Arbitration Board. As amended January 15, 1987 

18.(6) For 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 January 15, 1987 

18.(7) 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 reappointed on the expiration of the term. 

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

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

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

18.(11) 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. 

FORMATION OF PANELS 

18.(12) Any issue for arbitration involving the Inuvialuit and Industry or the Inuvialuit and Canada shall be referred to a panel of five (5) members of the Arbitration Board, two (2) of whom shall be designated by each of the interested parties, and the Chairman or Vice-Chairman, as designated by the Chairman. If one of the interested parties is Canada, one of its panel members shall be designated by the Territorial Government in whose jurisdiction the matter arose. The representation of the Government of the Yukon Territory for matters north of the watershed and of the Government of the Northwest Territories for matters in the Western Arctic Region shall increase as their respective jurisdictions increase and shall form a majority of Canada’s members for matters exclusively within their respective jurisdictions. The membership of the Arbitration Board may be increased from time to time at the discretion of Canada, but the same proportion of representation for Canada and the Inuvialuit shall be maintained. As amended January 15, 1987 

18.(13) If the issue for arbitration involves the Inuvialuit, Industry and Canada as interested parties, the panel shall consist of seven (7) members with each party designating two (2) members and the Chairman or Vice-Chairman, as designated by the Chairman, shall sit as the seventh member. Subsection (12) applies to the members designated by Canada. As amended January 15, 1987 

18.(14) Each panel shall have all the powers and authority of the full Arbitration Board. Where any party fails to designate members for a panel, the panel may proceed without those members as if it were a full panel. The Chairman or Vice-Chairman, as the case may be, shall have a vote only in the case of a deadlock. 

INITIATION OF ARBITRATION 

18.(15) Except as otherwise provided by this Agreement, Canada, the Inuvialuit or Industry may initiate arbitration by giving notice to the other party to the dispute and a copy to the Chairman of the Arbitration Board for circulation to all members of the Board. Where a matter for arbitration is within the jurisdiction of the Government of the Northwest Territories or Yukon Territory, Canada agrees to initiate arbitration on request by the Territorial Government. 

18.(16) Any party may intervene to participate in an arbitration after giving written notice to the Chairman, if it satisfies the Chairman that its interests are affected. Where the Government of the Yukon Territory or the Government of the Northwest Territories satisfies the Chairman that its interests are affected, it may participate in the arbitration as a party. 

18.(17) Within fifteen (15) days after receipt by the Chairman of a copy of the notice referred to in subsection (15), the Chairman shall: 

(a) name the interested parties to the dispute and by written notice require each of them to designate panel members; and 

(b) name any other participants in the arbitration process and define their status. As amended January 15, 1987 

18.(18) Where any interested party fails to nominate its members within fifteen (15) days after receipt of the notice of the Chairman referred to in subsection (17), the arbitration may commence and proceed without those members and the panel has the like power to act and to make an award as if it were fully constituted. 

18.(19) The hearing of the Arbitration Board shall commence within thirty (30) days after receipt by the Chairman of the notice referred to in subsection (15). 

18.(20) For the purposes of subsections (12) to (19), “Industry” means the particular firm or entity involved in the issue under arbitration. 

PROCEDURE AND EVIDENCE 

18.(21) The hearing of the Arbitration Board shall commence with the party initiating the arbitration presenting its case summarized in writing and supported by witnesses available for cross-examination. The other party or parties shall similarly present their cases followed by any intervenor. The claimant shall have a final right of rebuttal after which argument shall be made by the parties in the same order, consisting of a summary of the facts alleged and an explanation of any legal propositions advanced. 

18.(22) Where a member of the Arbitration Board refuses to act or is incapable of acting, the party by whom the member was appointed shall appoint a member in his stead. Where the Chairman of Vice-Chairman refuses to act or is incapable of acting, Canada shall promptly appoint a replacement. 

18.(23) Where a Judge is satisfied on evidence submitted by a party that a member of the Arbitration Board has been guilty of misconduct in the arbitration, the Judge may remove the member and may require the party who named the member to appoint a replacement. 

18.(24) Where any member of a panel refuses to act, is removed or is incapable of acting and the party having the right to appoint a person to fill the vacancy has not made the appointment, the panel may continue without the member and has the like power to act and to make an award as if it were fully constituted. 

18.(25) The Arbitration Board may: 

(a) administer oaths and solemn affirmations to the parties and witnesses; 

(b) subpoena witnesses or documents; 

(c) state an award as to the whole or any part of the dispute; 

(d) correct any clerical mistake, error or omission in an award; and 

(e) require a special study on the issue by the Research Advisory Council established by subsection 14(81). 

18.(26) Witnesses shall be examined under oath or solemn affirmation. 

AWARD AND COSTS 

18.(27) The panel shall make its award in writing within three (3) months after the hearing or at any other date to which all the parties to the arbitration agree in writing. 

18.(28) Notice of the award shall be delivered to all parties to the arbitration and shall be enforced in the same manner as a judgement or an order of a Court. 

18.(29) Subject to subsection (31), the award of the Arbitration Board is final and binding on all parties and on any persons claiming under the parties. 

18.(30) The costs of the arbitration are at the discretion of the Arbitration Board and the Board may direct by whom and in what manner the costs or any part thereof shall be paid. 

REVIEW 

18.(31) The award of the Arbitration Board is subject to review by the Federal Court of Appeal under section 28 of the Federal Court Act. 

JURISDICTION OF BOARD 

18.(32) The Arbitration Board shall have jurisdiction to arbitrate any difference between the Inuvialuit and Industry or Canada as to the meaning, interpretation, application or implementation of this Agreement. 

18.(33) It is agreed that this arbitration process shall not apply to the rights of any other native group confirmed by any other settlement legislation without their consent. It is further agreed that the arbitration process is without prejudice to the right of other native peoples to determine, in their land claims settlements, the appropriate mechanism for resolving disputes involving their rights. 

18.(34) Nothing in this Agreement precludes the Council for Yukon Indians, the Inuvialuit and Canada from adopting, at a future date, an arbitration process to include Old Crow beneficiaries with the Inuvialuit on any Arbitration Board to deal with the rights of Old Crow beneficiaries and Inuvialuit beneficiaries in the Yukon north of the Porcupine and Bell Rivers. 

18.(35) The Arbitration Board shall also have jurisdiction to arbitrate the following matters: 

(a) enrolment disputes (subsection 5(7)); 

(b) disputes relating to the following land matters, 

(i) municipal needs (subsections 7(61) to (63)), As amended January 15, 1987 

(ii) requirements for roads (subsection 7(64)), As amended January 15, 1987 

(iii) DeSalis Bay land selection (subsections 7(65) to As amended January 15, 1987 

(iv) Pingo Landmark (subsections 7(70) to (76)), and As amended January 15, 1987

(v) Nelson Head Landmark (subsections 7(77) to (81)); As amended January 15, 1987 

(c) conflicting subsurface resource claims (subsection 7(12)); 

(d) sand and gravel disputes (subsection 7(27) to (40)); As amended January 15, 1987 

(e) compensation for land taken for meteorological stations (subsection 7(87)); 

(f) expropriation of Inuvialuit lands (subsections 7(50) to (58)) and, more particularly, As amended January 15, 1987 

(i) whether alternative land exists, 

(ii) valuation and compensation, and 

(iii) other matters, including costs; 

(g) the terms and conditions of Participation Agreements (section 10); and 

(h) wildlife compensation awards, recommendations and decisions (section 13)