Participation and Environmental Impact

SECTION 10: PARTICIPATION AGREEMENTS 

10.(1) For the purposes of exploration, development and production activities by holders of valid rights or interests issued by Canada on 7(1)(a) lands and holders of petroleum, coal or mineral rights or interests issued by Canada on 7(1)(b) lands, access on and across Inuvialuit lands shall be guaranteed by the Inuvialuit Land Administration, subject to the payment by the developer of fair compensation to the Inuvialuit for such access, for any damage to Inuvialuit lands and for any diminution of the value of their interests in their lands. As amended January 15, 1987 

10.(2) Except as otherwise agreed by the Inuvialuit Land Administration, before exercising his guaranteed right of access, a developer must have concluded a valid Participation Agreement with the Inuvialuit Land Administration setting out the rights and obligations of the parties respecting the activity for which the access if being granted. As amended January 15, 1987 

10.(3) The Inuvialuit Land Administration shall have the right to negotiate with the developer/applicant an appropriate land rent (not to include royalty revenues) and a Participation Agreement that may include specific terms and conditions respecting the nature and magnitude of the land use for which the access is being sought. Without limiting their generality, the terms and conditions may also include: As amended January 15, 1987 

(a) costs associated with any Inuvialuit Land Administration inspection of the development work sites and the nature and scope of such inspection; As amended January 15, 1987 

(b) wildlife compensation, restoration and mitigation; 

(c) employment, service and supply contracts; 

(d) education and training; and 

(e) equity participation or other similar types of participatory benefits. 

10.(4) The term of a Participation Agreement may continue until the termination date of the right issued or the interests accorded by Canada to which the Participation Agreement relates. 

10.(5) The area to which a Participation Agreement applies is the area in which the activities of the holder of the right or interest take place and the area affording access thereto and egress therefrom. 

10.(6) The parties to a Participation Agreement shall have the right to monitor and, where necessary, inspect any activity undertaken under the terms of that Participation Agreement. 

10.(7) Except where the Inuvialuit and industry have concluded a voluntary co-operation agreement referred to in subsection 16(12), Canada, after negotiating with the Inuvialuit Land Administration, shall determine procedures and timetables for concluding Participation Agreements including the time period for the negotiation and arbitration phases. Such procedures and timetables shall be reasonable, shall reflect the size and nature of the different types of projects and shall generally accord with government approval schedules, including both statutory and administrative schedules. The fundamental objective is to conduct the negotiations in a fair and expeditious manner, ensuring that negotiations between the Inuvialuit and industry proceed concurrently with the government approval process. As amended January 15, 1987 

10.(8) Where the parties have not been able to agree on a Participation Agreement, the matter shall be referred to the Arbitration Board pursuant to section 18. The Arbitration Board shall have before it as the basis of its arbitration the last comprehensive proposal put forward by each of the parties. The parties shall promptly submit to the Arbitration Board the reasons for their positions. As amended January 15, 1987 

10.(9) The Arbitration Board may select the proposal it considers the more reasonable or may, after consultation with the parties, make a compromise ruling. 

SECTION 11: ENVIRONMENTAL IMPACT SCREENING AND REVIEW PROCESS 

11.(1) The developments subject to environmental impact screening include: 

(a) developments described in subsection 13(7); 

(b) developments in the Yukon North Slope region described in section 12; 

(c) developments in the Inuvialuit Settlement Region in respect of which the Inuvialuit request environmental impact screening; and 

(d) subject to any agreement between the Inuvialuit and the Dene/Metis, developments in areas including the Aklavik land selections where the traditional harvest of the Dene/Metis may be adversely affected, on request by the Dene/Metis or by the Inuvialuit. 

11.(2) Each development subject to screening shall be dealt with in accordance with the procedures, principles, criteria and provisions applicable under this Agreement. Except for screening and review for the purposes of wildlife compensation, the process described in this section applies only to onshore development. There shall be a similar process in the Yukon Territory in the area south of the watershed and north of the Porcupine and Bell Rivers, in which native and government representation shall be equal. 

11.(3) There is hereby established the Environmental Impact Screening Committee, to be made up of seven (7) permanent members. Canada and the Inuvialuit shall each appoint three (3) permanent members. Of the three permanent members appointed by Canada, each of the Governments of the Northwest Territories and the Yukon Territory shall designate one (1). Additional members may be designated from time to time pursuant to subsection (8). As amended January 15, 1987 

11.(4) A Chairman shall be appointed by Canada, with the consent of the Inuvialuit. Where the parties cannot agree on a Chairman, the Chief Justice of either of the Territories may appoint a Chairman at the request of one of the parties. 

11.(5) The permanent members shall be appointed, remunerated and replaced by the respective appointing parties. The term of office of all permanent members, including the Chairman, shall be three (3) years and they are eligible to be re-appointed on the expiration of the term. As amended January 15, 1987 

11.(6) Each screening shall be carried out by a panel of five (5) of the permanent members, two (2) appointees of Canada, two (2) appointees of the Inuvialuit, and the Chairman, plus, if applicable, additional members designated pursuant to subsection (8). Of the two permanent members appointed by Canada, one shall be designated by the Territorial Government in whose jurisdiction the development being screened is to be located. 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 the appointees of Canada for matters exclusively within their respective jurisdictions. As amended January 15, 1987 

11.(7) Where any of the parties fails to nominate a sufficient number of persons within a reasonable time, the Committee may discharge its responsibilities with such members as have been appointed. As amended January 15, 1987 

11.(8) Where an organization recognized for an adjacent comprehensive land claims settlement considers that a development being screened is capable of having a negative environmental impact to the detriment of native persons using or occupying the Inuvialuit Settlement Region and the organization represents those native persons, it shall have the right, at its expense, to designate one (1) additional member, or more than one if so agreed by way of agreement between the Inuvialuit and the duly authorized organization representing the native group in question. Canada shall have the right to designate additional members sufficient to attain representation on the panel equivalent to that of the natives. 

11.(9) As adjacent land claims are settled, the representation on panels available to other native organizations by virtue of subsection (8) shall cease unless like representation is available to the Inuvialuit on like panels dealing with adjacent land areas used or occupied by the Inuvialuit. 

11.(10) All members of the Screening Committee shall have one vote except the Chairman who shall vote only in the case of a deadlock. 

11.(11) The Screening Committee may establish and adopt by-laws and rules for its internal management and procedures in order to ensure reasonable and expeditious consideration of applications. 

11.(12) The proponents of a development required to be screened shall submit a project description to the Screening Committee during the preliminary planning stage containing the following information: 

(a) the purpose of the project; 

(b) the nature and extent of the proposed development; 

(c) the rationale for the site selection; and 

(d) information and technical data in sufficient detail to permit an adequate preliminary assessment of the project and its environmental impact. 

11.(13) On receipt of a project description, the Screening Committee shall expeditiously determine if the proposed development could have a significant negative environmental impact and shall indicate in writing to the governmental authority competent to authorize the development that, in its view: 

(a) the development will have no such significant negative impact and may proceed without environmental impact assessment and review under this Agreement; 

(b) the development could have significant negative impact and is subject to assessment and review under this Agreement; or 

(c) the development proposal has deficiencies of a nature that warrant a termination of its consideration and the submission of another project description. 

11.(14) For the purposes of paragraph 13(a), the Screening Committee shall take into account any prior governmental development or environmental impact review process that, in its opinion, adequately encompassed the assessment and review function. 

11.(15) Where a proposed development is or may be subject to a governmental development or environmental impact review process, and in the opinion of the Screening Committee that review process adequately encompasses or will encompass the assessment and review function, the Screening Committee shall refer the proposal to the body carrying out that review process. 

11.(16) If, in the opinion of the Screening Committee, the review process referred to in subsection (15) does not or will not adequately encompass the assessment and review function, or if the review body declines to carry out such functions, the proposal shall be referred to the Review Board for a public review. As amended January 15, 1987 

11.(17) Decisions of the Screening Committee shall be made by majority vote of the panel appointed, shall be in writing and shall be signed by all panel members. 

11.(18) The Environmental Impact Review Board is hereby established to be the review body for any development referred to it pursuant to this Agreement. The Review Board shall have seven (7) permanent members, three (3) appointed by Canada, three (3) appointed by the Inuvialuit and a Chairman appointed by Canada, with the consent of the Inuvialuit. Of the three (3) permanent members appointed by Canada, each of the Governments of the Northwest Territories and the Yukon shall designate one (1). 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 appointees for matters exclusively within their respective jurisdictions. The membership of the Review Board may be increased or decreased from time to time at the discretion of Canada, but the same proportion of representation for Canada and the natives shall be maintained. As amended January 15, 1987 

11.(19) The Review Board shall deal with each development subject to environmental assessment and review in accordance with the applicable provisions of this Agreement. For greater certainty, subsections (6) to (10) apply to the constitution of the Review Board panels, with such modifications as the circumstances require. As amended January 15, 1987 

11.(20) The permanent members of the Review Board shall be appointed, remunerated and replaced by the respective appointing parties. The term of office of all permanent members, including the Chairman, shall be three (3) years and they are eligible to be re-appointed on the expiration of the term. 

11.(21) Where any of the parties fails to nominate a sufficient number of persons within a reasonable time, the Review Board may discharge its responsibilities with such members as have been appointed. As amended January 15, 1987 

11.(22) A person may be a member of both the Screening Committee and the Review Board. 

11.(23) Canada shall provide to the Review Board the staff required to enable it to fulfil its functions. The Review Board may establish and adopt by-laws and rules for its internal management and its procedures. 

11.(24) The Review Board shall expeditiously review all projects referred to it and on the basis of the evidence and information before it shall recommend whether or not the development should proceed and, if it should, on what terms and conditions, including mitigative and remedial measures. The Review Board may also recommend that the development should be subject to further assessment and review and, if so, the data or information required. 

11.(25) Decisions of the Review Board shall be made by majority vote of the panel appointed, shall be in writing and shall be signed by all panel members. 

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

11.(27) The decisions containing the recommendations of the Review Board shall be transmitted to the governmental authority competent to authorize the development. That authority, consistent with the provisions of this section and after considering, among other factors, the recommendations of the Review Board, shall decide whether or not, on the basis of environmental impact considerations, the development should proceed and, if so, on what terms and conditions, including mitigative and remedial measures. 

11.(28) If, pursuant to subsection (27), the competent governmental authority decides that further impact assessment and review is required, the proposed development shall be subject to further impact assessment and review based on the same or different information, requirements or specifications as the governmental authority considers appropriate. 

11.(29) If the competent governmental authority is unwilling or unable to accept any recommendations of the Review Board or wishes to modify any such recommendations, it shall give reasons in writing within thirty (30) days, stating why it has not accepted the recommendations. As amended January 15, 1987 

11.(30) The decision of the competent governmental authority shall be transmitted to the interested parties and made public. 

11.(31) No licence or approval shall be issued that would have the effect of permitting any proposed development to proceed unless the provisions of this section have been complied with. 

11.(32) For greater certainty, nothing in this section restricts the power or obligation of the Government to carry out environmental impact assessment and review under the laws and policies of Canada. 

SECTION 12: YUKON NORTH SLOPE 

12.(1) For the purposes of this section, “Yukon North Slope” means all those lands between the jurisdictional boundaries of Alaska and the Yukon Territory and the Northwest Territories, north of the height of land dividing the watersheds of the Porcupine River and the Beaufort Sea, and including adjacent nearshore and offshore waters and islands. 

PRINCIPLES 

12.(2) The Yukon North Slope shall fall under a special conservation regime whose dominant purpose is the conservation of wildlife, habitat and traditional native use. 

12.(3) Subject to subsections (5) to (15): 

(a) all development proposals relating to the Yukon North Slope shall be screened to determine whether they could have a significant negative impact on the wildlife, habitat or ability of the natives to harvest wildlife; 

(b) other uses within the Yukon North Slope shall be considered and may be permitted if it is shown that there would be no significant negative impact on wildlife, habitat or native harvesting; 

(c) other uses within the Yukon North Slope that may have a significant negative impact on wildlife, habitat or native harvesting shall be permitted if it is decided that public convenience and necessity outweigh conservation or native harvesting interests in the area; and As amended January 15, 1987 

(d) development proposals relating to the Yukon North Slope that may have a significant negative impact shall be subject to a public environmental impact assessment and review process. 

DISPOSAL OF LAND 

12.(4) Subject to this section, the withdrawal from disposal under the Territorial Lands Act of certain lands described in the Prohibition and Withdrawal of Certain Lands from Disposal Order (SOR/80-198, 27 March, 1980, as set out in Annex E-1), within the Yukon North Slope shall be maintained. As amended January 15, 1987 

NATIONAL PARK 

12.(5) Canada agrees to establish, under the National Parks Act, the Settlement Legislation or such other legislation as may be appropriate or necessary, a National Park comprising the western portion of the Yukon North Slope shown in Annex E and more particularly described as the area bounded to the south by the height of land being the watershed and to the east by the eastern shoreline of the Babbage River. 

12.(6) The planning for the National Park and the management thereof shall have as their objects to protect the wilderness characteristics of the area, maintaining its present undeveloped state to the greatest extent possible, and to protect and manage the wildlife populations and the wildlife habitat within the area. 

12.(7) Except as provided in subsection (14), the National Park shall be zoned and managed as a wilderness oriented park. 

12.(8) Development activities inconsistent with the purposes of the National Park shall be prohibited, and any change in the character of the National Park shall require the consent of the Inuvialuit. 

12.(9) The Wildlife Management Advisory Council established by subsection (46) shall advise the appropriate minister on park planning and management. The Council shall recommend a management plan for the National Park. As amended January 15, 1987 

12.(10) No lands forming part of the National Park shall be removed from National Park status without the consent of the Inuvialuit. 

12.(11) Canada agrees that prior to the establishment of the National Park, the lands comprising it shall be maintained in a manner that recognizes their future use and protects the land and its habitat for this purpose. 

12.(12) Nothing inconsistent with the provisions of this Agreement shall be permitted between the date of the execution of this Agreement and the coming into force of appropriate legislation creating the Park. 

12.(13) The rights provided to the Inuvialuit under this Agreement in respect of the National Park shall take effect as of the date of the coming into force of the Settlement Legislation. For greater certainty, the Government of the Yukon Territory shall retain its present jurisdiction until the creation of the National Park. 

12.(14) If it is determined pursuant to section 11 that an area identified in Annex E as Stokes Point is required for limited scale use and temporary use purposes in support of hydrocarbon development, the use shall be permitted on the following conditions: 

(a) the land to be used does not exceed forty (40) acres and any additional land that is required to satisfy the licencing requirements of the Yukon Territorial Water Board; As amended January 15,1987 

(b) the use of the land is such as not to prevent its restoration to the state it was in prior to such use; and 

(c) the activity must not be on a scale and of a nature as to significantly derogate from the quality and character of the adjacent Park lands. 

12.(15) In subsection (14), 

(a) “limited scale use” includes the storage of fuel and supplies, emergency repairs and maintenance facilities, transhipment depots, caches and similar uses; and 

(b) “temporary use” means a period of active occupation that, in the aggregate, does not exceed six (6) years. As amended January 15, 1987 

TERRITORIAL PARK 

12.(16) The parties agree that Herschel Island is to be established as the Herschel Island Territorial park and, in establishing that Park, the Government of the Yukon Territory will consult the Inuvialuit. 

12.(17) Except for the lands adjacent to Pauline Cove, the park regime on Herschel Island shall be no less stringent than that of the National Park pursuant to subsections (5) to (13). As amended January 15, 1987 

12.(18) Within the lands adjacent to Pauline Cove, the historic resources shall be protected in a manner no less stringent than that of the regime of a National Historic Park as set out in the National Parks Act. 

12.(19) Any development activity proposed within the lands adjacent to Pauline Cove shall be subject to: 

(a) the screening and review process set out in section 11; and 

(b) the criteria set out in subsection (23) shall apply; and 

(c) the terms and conditions governing such development shall be no less stringent than those under the Territorial Land Use Regulations in force at the time. Subsection as amended January 15, 1987 

AREA EAST OF THE BABBAGE RIVER 

12.(20) The parties agree that the area east of the Babbage River extending to the jurisdictional boundary between the Yukon Territory and the Northwest Territories, but not including the adjacent nearshore and offshore waters, shall be designated as an area in which controlled development may take place, subject to the provisions of this Agreement and to laws of general application. 

12.(21) Any development activity proposed for the area referred to in subsection (20) shall be subject to the screening and review process set out in section 11. 

12.(22) Any development activity proposed for the adjacent nearshore and offshore waters shall be subject to the normal government process and the wildlife compensation provisions of section 13. 

12.(23) The appropriate review board shall take into account the following criteria in its consideration of any development proposal: 

(a) analysis of the significance of the part or parts of the Yukon North Slope proposed for development use from the standpoint of conservation and harvesting interests; 

(b) evaluation of practical alternative locations and of the relative commercial and economic merits of and environmental impact on such locations compared to the part or parts of the area proposed for utilisation in the application; 

(c) evaluation of the environmental and social impacts of the proposed development; 

(d) weighing of the interests of users, conservationists and harvesters in the Yukon North Slope against public convenience and necessity for development; 

(e) evaluation of the ability of the applicant to demonstrate that he has, or will acquire, the proven capability to carry out the project in accordance with established standards of performance, safeguards and other requirements and to carry out the necessary environmental mitigation and restoration; and 

(f) requirements for effective machinery to ensure that the development proceeds in accordance with any established terms and conditions. 

INUVIALUIT HARVESTING RIGHTS 

12.(24) Subject to the laws of general application respecting public safety and conservation, the Inuvialuit right to harvest on the Yukon North Slope includes: 

(a) subject to the collective harvesting rights in favour of all native peoples under the Porcupine Caribou Management Agreement referred to in Annex L, the preferential right to harvest all species of wildlife, except migratory non-game birds and migratory insectivorous birds, for subsistence usage throughout the Yukon North Slope; 

(b) the exclusive right to harvest furbearers and polar bear; and 

(c) the exclusive right to harvest game within the National Park, the Territorial Park and adjacent islands. 

12.(25) Where harvesting rights are extended to other native peoples pursuant to subsection (33) and subsections 14(17) and (18), their requirements as to subsistence usage shall be taken into account in setting subsistence quotas and the subsistence requirements of all native peoples shall be accommodated within conservation limits. 

12.(26) Sport fishing shall be permitted throughout the Yukon North Slope including the National Park and the Territorial Park. 

12.(27) Where, in the exercise of their exclusive right to harvest game within the National Park and the Territorial Park, the Inuvialuit wish to permit: 

(a) persons who are not beneficiaries of the Settlement or adjacent land claims settlements to harvest any such game, prior approval of the appropriate minister is required and that minister may grant the privilege on any terms and conditions he stipulates; and As amended January 15, 1987 

(b) persons who are beneficiaries of adjacent land claims settlements to harvest any such game, those persons, if so permitted, may harvest game on the same basis as the Inuvialuit. 

12.(28) Where, in the exercise of their exclusive right to harvest polar bear in the Yukon North Slope outside the National Park, the Inuvialuit permit persons who are not beneficiaries of the Inuvialuit Settlement or adjacent land claims settlements to harvest any such polar bear, the harvesting shall be regulated by the competent authority under the laws of general application. 

12.(29) Where, in the exercise of their exclusive right to harvest furbearers in the Yukon North Slope outside the National Park, the Inuvialuit permit non-Inuvialuit to harvest any such furbearers, the harvesting shall be subject to any approval or notification required by the appropriate government and shall be regulated by the competent authority under the laws of general application. 

12.(30) For greater certainty, the Inuvialuit shall make no gain or profit from the granting of permission to nonInuvialuit to harvest furbearers except where it is part of a reciprocal arrangement with beneficiaries from an adjacent land claims settlement. 

12.(31) The Inuvialuit may trade and barter game products with other Inuvialuit beneficiaries in the Yukon North Slope. 

12.(32) Subject to the provisions of the Migratory Birds Convention Act and any regulations thereunder, the Inuvialuit may for subsistence usage sell game products to other Inuvialuit beneficiaries in the National Park. 

12.(33) Where native beneficiaries in adjacent land claims settlements acquire rights to game resources within the Yukon North Slope on the basis of traditional use and occupancy, those beneficiaries shall be entitled to exchange game products with the Inuvialuit on the same basis as that provided for the Inuvialuit under this Agreement. 

12.(34) Where, in the final settlement of the land claims of adjacent native groups, provision is made for the exchange of game products with the Inuvialuit, the right of the Inuvialuit to exchange amongst themselves shall be extended to those other native beneficiaries. 

12.(35) Subject to the provisions of the Migratory Birds Convention Act, any regulations thereunder and other similar laws of general application, the right to harvest includes the right to sell the non-edible products of legally harvested game. 

12.(36) The right to harvest game includes the right to use present and traditional methods of harvesting and the right to possess and use all equipment reasonably needed to exercise that right, subject to international agreements to which Canada is a party and to laws of general application respecting public safety and conservation. The right to harvest game includes the right to possess and transport legally harvested game within and between the Yukon Territory and the Northwest Territories. 

12.(37) Subject to subsection (38), the right to harvest game includes the right to travel and establish camps as necessary to exercise that right. 

12.(38) In the National Park referred to in subsection (5) and the Territorial Park referred to in subsection (16) the Inuvialuit have the right to use existing hunting, fishing and trapping facilities associated with their game harvesting activities and to establish new facilities after consultation with the management authority. The location of new facilities shall be determined on the basis of the management objectives for these parks. As amended January 15, 1987 

12.(39) The Inuvialuit need not obtain permits, licences or other authorization to harvest wildlife but may be required to show proof of status as Inuvialuit beneficiaries. Where, for the purpose of conservation, permits, licences or other authorizations are required by the appropriate minister or on the recommendation of the Wildlife Management Advisory Council, Fisheries Joint Management Committee, or the Porcupine Caribou Management Board, the Inuvialuit shall have the right to receive such permits, licences or other authorizations from the local authority at no cost. As amended January 15, 1987 

12.(40) Nothing in this Agreement or the Settlement Legislation shall prevent any person from taking game for survival in an emergency. 

12.(41) Within their respective jurisdictions, governments shall determine the harvestable quotas for wildlife species based on the principles of conservation and the following procedures: 

(a) the Wildlife Management Advisory Council (North Slope) established by subsection (46) shall determine the total allowable harvest for game according to conservation criteria and such other factors as it considers appropriate. The Council shall make its recommendations to the appropriate minister, who shall, if he differs in opinion with the Council, set forth to the Council his reasons and afford the Council a further consideration of the matter; 

(b) in determining the total allowable harvest, conservation shall be the only consideration. For greater certainty, where the Inuvialuit have the exclusive right to harvest, they shall be entitled to harvest the total allowable harvest; 

(c) for the purposes of management and in order to protect the interest of the Inuvialuit harvesters, subsistence quotas for the wildlife referred to in paragraph (24)(a) shall be jointly established by the Inuvialuit and the governments having jurisdiction over species or species groups of subsistence value, as follows: 

(i) within the total allowable harvest for game, the Wildlife Management Advisory Council (North Slope) shall determine the subsistence quotas according to the criteria and factors it considers appropriate in addition to those referred to in subparagraph 

(ii). The Council shall make its recommendations to the appropriate minister, who shall, if he differs in opinion from the Council, set forth to the Council his reasons and afford the Council further consideration of the matter, and (ii) in determining the subsistence quota, the following criteria shall be taken into account by the Council or, where appropriate, by the Porcupine Caribou Management Board, and the appropriate minister: 

(A) the food and clothing requirements of the Inuvialuit, 

(B) the usage patterns and levels of harvest of the Inuvialuit,

(C) the requirements for particular wildlife species for subsistence usage, 

(D) the availability of wildlife populations to meet subsistence usage requirements including the availability of species from time to time, 

(E) the projections for changes in wildlife populations, and 

(F) the national and international obligations of Canada with respect to migratory game birds; (F) as amended January 15, 1987 

(d) the allocation of the Inuvialuit quotas amongst themselves shall be the responsibility of the Inuvialuit. 

ECONOMIC BENEFITS 

12.(42) The parties agree that the predominant number of persons employed in the operation and management of the parks referred to in subsections (5) and (16) should be Inuvialuit. The appropriate government shall provide training to assist the Inuvialuit in qualifying for such employment. 

12.(43) To the extent that the management regime of the said parks provides for economic activities, the parties agree that opportunities should be provided to the Inuvialuit on a preferred basis. As amended January 15, 1987 

12.(44) The Inuvialuit shall be invited to participate in the planning process for any development on the lands available for development adjacent to Pauline Cove on Herschel Island, and in the economic opportunities arising out of such development. Subject to all applicable laws, the Inuvialuit shall have the right of first refusal with respect to any activities in the nature of guiding related to wildlife within the Yukon North Slope. 

12.(45) The Inuvialuit and the Council for Yukon Indians may enter into bilateral agreements such as the agreement dated March 15, 1984 between the Council for Yukon Indians and the Inuvialuit, whereby the native groups may share in the rights, privileges and benefits afforded Inuvialuit beneficiaries in the Yukon North Slope. 

WILDLIFE MANAGEMENT ADVISORY COUNCIL (NORTH SLOPE) 

12.(46) In order to provide for joint planning by the native people and the governments in the Yukon North Slope with respect to the principles set out in subsections (2) and (3), a Wildlife Management Advisory Council shall be established as soon after the execution of this Agreement as is practicable. 

12.(47) The Council shall have as permanent members a Chairman and an equal number of native and government members. 

12.(48) The permanent members of the Council shall include at least one person designated by the Government of the Yukon Territory and one person designated by the Minister of the Environment of Canada. 

12.(49) In addition to permanent members of the Council representing government, temporary members may be coopted from government departments as they may be required from time to time. 

12.(50) The permanent members of the Council appointed to represent the native interests shall include persons designated by the Inuvialuit, and, subject to agreements, by other native groups that have acquired harvesting rights in the Yukon North Slope under their land claims settlements. 

12.(51) The Chairman of the Council shall be appointed by the Government of the Yukon Territory, with the consent of the native members and Canada. 

12.(52) The permanent members of the Council shall each have one (1) vote. The Chairman shall have a vote only in case of a deadlock. Temporary members shall not have a vote. 

12.(53) The Council may establish rules and adopt by-laws regulating its procedures. 

12.(54) The Government of the Yukon Territory agrees to provide a secretariat to assist in meeting the administrative needs of the Council. 

12.(55) Each party shall pay the remuneration and expenses of the members of the Council that it appoints or designates. 

12.(56) The Council shall provide advice to the appropriate minister on all matters relating to wildlife policy and the management, regulation and administration of wildlife, habitat and harvesting for the Yukon North Slope and, without restricting the generality of the foregoing, the Council shall: 

(a) provide advice on issues pertaining to the Yukon North Slope to the Porcupine Caribou Management Board, the Yukon Land Use Planning Commission, the Review Board and other appropriate groups; 

(b) prepare a wildlife conservation and management plan for the Yukon North Slope for recommendation to the appropriate authorities as a means for achieving and maintaining the principles of conservation set out in subsections (2) and (3); 

(c) determine and recommend appropriate quotas for Inuvialuit harvesting of game in the Yukon North Slope; and 

(d) advise on measures required to protect habitat that is critical for wildlife or harvesting including those referred to in subsection 14(3). As amended January 15, 1987 

YUKON NORTH SLOPE ANNUAL CONFERENCE 

12.(57) There shall be a Yukon North Slope Annual Conference, to be held once a year in the Yukon Territory, to promote public discussion among natives, governments, and the private sector with respect to management co-ordination for the Yukon North Slope. 

12.(58) Each Yukon North Slope Annual Conference shall be attended by representatives of native groups with an interest in the Yukon North Slope, at least one senior official from each appropriate government department and representatives of other interested parties, as selected by the Chairman, including industry and special interest groups. 

12.(59) A Chairman shall be named at each Yukon North Slope Annual Conference to hold office until the next Annual Conference. The first Chairman shall be appointed by the Government of the Yukon Territory, the second Chairman shall be appointed by the native groups that have an interest in the Yukon North Slope and, thereafter, the Chairman shall be appointed by those parties on an alternative basis. 

12.(60) The Government of the Yukon Territory agrees to provide administrative support services for the Yukon North Slope Annual Conference. 

12.(61) During the third Yukon North Slope Annual Conference, Canada, the Government of the Yukon Territory and the Inuvialuit shall collectively review the proceedings and results of past Conferences and determine whether the objective in having such Conferences warrants their continuation and, where the Conferences are continued, such a review shall be carried out every three years thereafter.