Wildlife and Conservation

SECTION 13: WILDLIFE COMPENSATION 

13.(1) The objectives of this section are: 

(a) to prevent damage to wildlife and its habitat and to avoid disruption of Inuvialuit harvesting activities by reason of development; and 

(b) if damage occurs, to restore wildlife and its habitat as far as is practicable to its original state and to compensate Inuvialuit hunters, trappers and fishermen for the loss of their subsistence or commercial harvesting opportunities. 

DEFINITIONS AND GENERAL PRINCIPLES 

13.(2) In this section, 

“actual wildlife harvest loss” means provable loss or diminution of wildlife harvesting or damage to property used in harvesting wildlife, or both; 

“future harvest loss” means provable damage to habitat or disruption of harvestable wildlife having a foreseeable negative impact on future wildlife harvesting. 

13.(3) Subject to this section, the Inuvialuit shall be compensated for actual wildlife harvest loss resulting from development in the Inuvialuit Settlement Region. 

13.(4) Subject to this section, the Inuvialuit shall benefit from environmental protection measures designed to reduce future harvest loss resulting from development in the Inuvialuit Settlement Region. 

13.(5) The provisions of this section do not apply to development activities on lands owned by the Inuvialuit under paragraph 7(1)(a) except developments proposed for lands presently the subject of outstanding leases or other existing rights. 

13.(6) Where, in accordance with section 10, Participation Agreements are entered into that by voluntary agreement establish mitigative and remedial obligations for developers, subsection (16) does not apply. 

WILDLIFE IMPACT ASSESSMENT 

13.(7) Every proposed development of consequence to the Inuvialuit Settlement Region that is likely to cause a negative environmental impact shall be screened by the Screening Committee to determine whether the development could have a significant negative impact on present or future wildlife harvesting. 

13.(8) If the Screening Committee determines that a proposed development could have a significant negative impact on present or future wildlife harvesting, it shall refer the proposal for an environmental impact assessment and review in the manner provided by subsections (9) and (10). 

13.(9) Where a proposed development is subject to environmental impact review that, in the opinion of the Screening Committee, adequately encompasses or will encompass the assessment and review function and includes or will include in its evaluation adequate terms and conditions of development and limits of liability, the Screening Committee shall refer the proposal to the body carrying out the environmental impact review. 

13.(10) If, in the opinion of the Screening Committee, the review body does not or will not adequately incorporate within its review each element of the process set out in subsection (9), or if the review body declines to do so, the proposal shall be referred to the Review Board. 

13.(11) Where, pursuant to subsection (10), a proposal is referred to the Review Board, it shall, on the basis of the evidence and information before it, recommend to the government authority empowered to approve the proposed development: 

(a) terms and conditions relating to the mitigative and remedial measures that it considers necessary to minimize any negative impact on wildlife harvesting; and 

(b) an estimate of the potential liability of the developer, determined on a worst case scenario, taking into consideration the balance between economic factors, including the ability of the developer to pay, and environmental factors. 

13.(12) The Government agrees that every proposed development of consequence to the Inuvialuit Settlement Region that is within its jurisdiction and that could have a significant negative impact on wildlife habitat or on present or future wildlife harvesting will be authorized only after due scrutiny of and attention to all environmental concerns and subject to reasonable mitigative and remedial provisions being imposed. 

FINANCIAL RESPONSIBILITY 

13.(13) Every developer, other than a government but including a Crown corporation, shall be required to prove financial responsibility before being authorized to undertake any development in the Inuvialuit Settlement Region. 

13.(14) The government authority empowered to permit the development and set the terms and conditions thereof may require a developer to provide for and ensure financial responsibility with respect to the obligations and undertakings provided in this section in the form of a letter of credit, guarantee or indemnity bond or any other form satisfactory to the government authority. 

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 developers 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 developers 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. 

RECOURSES OF THE INUVIALUIT 

13.(18) Where actual wildlife harvest loss or future harvest loss results from development, the Inuvialuit may exercise the following recourses: 

(a) respecting actual wildlife harvest loss, Inuvialuit hunters, trappers and fishermen who depend on hunting, trapping or fishing for a material part of their gross income have the right to obtain compensation for damage to or loss of harvesting equipment and for loss or reduction of hunting, trapping or fishing income. Inuvialuit claimants may act individually or collectively or through duly authorized representatives, subject to the right of the other parties to verify the representative quality or capacity of the group or representative and the validity of the claims. The types of compensation that may be claimed include the cost of temporary or permanent relocation, replacement of equipment, reimbursement in kind subject to harvestable quotas, provision of such wildlife products as may be obtainable under existing Acts and regulations, payment in lump sum or by instalments or any reasonable combination thereof. The claimant shall be entitled to indicate his preference as to type of compensation in making his claim, but the compensation award shall be subject to subsections (22) and (23); 

(b) respecting actual wildlife harvest loss, Inuvialuit who harvest renewable resources for subsistence purposes have the right to obtain compensation for damage to or loss of harvesting equipment and for any material reduction in wildlife take or harvest. Inuvialuit claimants may act individually or collectively or through duly authorized representatives, subject to the right of the other parties to verify the representative quality or capacity of the group or representative and the validity of the claims. For greater certainty, the subsistence harvester may claim compensation measured by reference to his prior total take or harvest, notwithstanding that some part or all of it may have been directed to or used by others. The types of compensation that may be claimed include the cost of temporary or permanent relocation, replacement of equipment, reimbursement in kind subject to harvestable quotas, provision of such wildlife products as may be obtainable under existing Acts and regulations, payment in lump sum or by instalments or any reasonable combination thereof. The claimant shall be entitled to indicate his preference as to type of compensation in making his claim, but the compensation award shall be subject to subsections (22) and (23); and 

(c) respecting future harvest loss, any definable Inuvialuit group or community affected, including consumers of renewable resource products, collectively or through duly authorized representatives, subject to the right of the other parties to verify the representative quality or capacity of the group or representative and the validity of the claims, have the right to seek recommendations of the Arbitration Board pursuant to section 18 with respect to remedial measures, to the extent reasonably practicable, including cleanup, habitat restoration and reclamation. Such recourse shall be governed by subsection (24). The obligation of a developer for the taking of mitigative and remedial measures is subject to any limits established by the authority empowered to approve the proposed development. 

PROCEDURE FOR CLAIMS, MEDIATION AND ARBITRATION 

13.(19) Every claim for actual wildlife harvest loss or future harvest loss alleged to have resulted from development shall be made in writing by the appropriate Inuvialuit claimant by means of a notice given by the claimant to the developer. 

13.(20) During the sixty (60) day period following the giving of the notice referred to in subsection (19), the claimant and the developer shall attempt to settle the claim and, for that purpose may, by mutual consent, appoint a mediator. If the claim is not settled within that period, the claimant may forward his allegations in writing to the Arbitration Board for hearing and decision in accordance with section 18. 

13.(21) In order to succeed before the Arbitration Board, the claimant must prove, on a balance of probabilities: 

(a) actual wildlife harvest loss or future harvest loss or both; and 

(b) that the actual wildlife harvest loss or future harvest loss or both results from development. 

13.(22) Where recourse is claimed pursuant to paragraph (18)(a) or (b), the onus is on the claimant to prove the loss on a balance of probabilities. The Arbitration Board shall take into account the priorities expressed by the claimant as to the nature of the compensation desired, but if it rules in favour of the claimant it must select the most reasonable type of compensation given the nature and extent of the loss. 

13.(23) In making an award on the claim pursuant to paragraph (18)(a) or (b), the Arbitration Board shall estimate the duration of the impact of the development on wildlife harvesting and determine compensation accordingly. Saving in exceptional circumstances, the award for compensation should not be made with the intention of providing a guaranteed income in perpetuity and compensation should be on the basis of a diminishing scale for a limited time. The claimant shall, as far as reasonable in the circumstances, mitigate his damages and should subsequent events, including the effect of any mitigative or remedial measures, materially affect the claim, any party to the original proceedings may cause the hearing to be reopened in order that the decision may be rescinded or appropriately varied. 

13.(24) Where recourse is claimed pursuant to paragraph (18)(c) and a governmental authority has jurisdiction to enforce mitigative and remedial measures, the Arbitration Board, having regard to the terms and conditions established by the authority empowered to authorize the development, shall recommend to that authority appropriate remedial measures if it is satisfied that the claimant has proven, on a balance of probabilities, future harvest loss resulting from development. Where the government authority does not comply with those recommendations, it shall give the reasons therefor in writing within sixty (60) days after the making of the recommendations. 

LEGAL RIGHTS AND RECOURSES 

13.(25) The wildlife compensation provisions and procedures in this section are without prejudice to the legal rights and recourses of the parties, but where the provisions of subsections (19) to (23) are applied, the decision of the Arbitration Board is final and binding on the parties to the arbitration, subject only to the review provisions of this Agreement. 

SECTION 14: WILDLIFE HARVESTING AND MANAGEMENT 

PRINCIPLES 

14.(1) A basic goal of the Inuvialuit Land Rights Settlement is to protect and preserve the Arctic wildlife, environment and biological productivity through the application of conservation principles and practices. 

14.(2) In order to achieve effective protection of the ecosystems in the Inuvialuit Settlement Region, there should be an integrated wildlife and land management regime, to be attained through various means, including the coordination of legislative authorities. 

14.(3) It is recognized that in the future it may be desirable to apply special protective measures under laws, from time to time in force, to lands determined to be important from the standpoint of wildlife, research or harvesting. The appropriate ministers shall consult with the Inuvialuit Game Council from time to time on the application of such legislation. As amended January 15, 1987 

14.(4) It is recognized that one of the means of protecting and preserving the Arctic wildlife, environment and biological productivity is to ensure the effective integration of the Inuvialuit into all bodies, functions and decisions pertaining to wildlife management and land management in the Inuvialuit Settlement Region. As amended January 15, 1987 

14.(5) The relevant knowledge and experience of both the Inuvialuit and the scientific communities should be employed in order to achieve conservation. 

HARVESTING RIGHTS 

14.(6) This Agreement provides the Inuvialuit with certain harvesting rights to wildlife in the Western Arctic Region. The exercise of the Inuvialuit rights to harvest is subject to laws of general application respecting public safety and conservation. Nothing in this section gives the Inuvialuit a proprietary interest in any wildlife. Subject to the qualifications set out in subsections (15) to (18), these harvesting rights include: 

(a) the preferential right to harvest all species of wildlife, except migratory non-game birds and migratory insectivorous birds, for subsistence usage throughout the Western Arctic Region; 

(b) the exclusive right to harvest furbearers, including black and grizzly bears, throughout the Western Arctic Region; 

(c) the exclusive right to harvest polar bear and muskox throughout the Western Arctic Region; and 

(d) the exclusive right to harvest game on Inuvialuit lands and, if agreed on, other areas. 14.(7) Where harvesting rights are extended to other native peoples pursuant to subsections (15) to (18), their requirements as to subsistence usage shall be taken into account when setting subsistence quotas and the subsistence quotas and subsistence requirements of all the native peoples shall be accommodated within conservation limits. 

14.(8) Where, in the exercise of their exclusive right to harvest referred to in paragraphs (6)(b), (c) and (d), the Inuvialuit permit persons other than natives to harvest, harvesting by those persons shall be subject to the laws of general application. 

14.(9) Where, in the exercise of their harvesting rights, the Inuvialuit permit native beneficiaries of adjacent land claims settlements to harvest wildlife within the Western Arctic Region, those beneficiaries shall be treated on the same basis as the Inuvialuit, subject only to providing reasonable notice to the Government of the Northwest Territories. 

14.(10) For greater certainty, the Inuvialuit shall derive 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 of adjacent land claims settlements. 

14.(11) Subject to the Migratory Birds Convention Act and any regulations thereunder, the Inuvialuit may sell the non-edible products of legally harvested game. 

14.(12) Subject to the Migratory Birds Convention Act and regulations thereunder, the Inuvialuit may sell, trade and barter game among Inuvialuit beneficiaries. 

14.(13) Where native beneficiaries of adjacent land claims settlements acquire rights to game resources within the Western Arctic Region on the basis of traditional use and occupancy, those beneficiaries shall be permitted to exchange game products with the Inuvialuit on the same basis as that provided for the Inuvialuit under this Agreement. 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. As amended January 15, 1987 

14.(14) Between the date of the execution of this Agreement and the coming into force of the Settlement Legislation, governments, including the Governments of the Yukon Territory and Northwest Territories, shall consult with COPE when proposing any legislative or administrative change with respect to the harvesting of wildlife, and shall endeavour to respect the views, positions and recommendations of COPE on any matter respecting the harvesting of wildlife by the Inuvialuit. Canada agrees that, during this period, the status quo will be maintained in respect of wildlife legislation and regulations, to the extent necessary to ensure that the rights in respect of wildlife that the Inuvialuit receive pursuant to the Settlement, and in particular those provided by sections 12 and this section, are not prejudiced. 

14.(15) As provided in subsection 3(10), agreements may be entered into with native groups in adjacent land claims areas respecting harvesting and wildlife management, such as the agreement set out as an example in Annex S. 

14.(16) It is acknowledged that Canada may, through settlements, provide harvesting rights for other native peoples to certain species of wildlife in the Inuvialuit Settlement Region, but any such rights shall be limited to species and areas traditionally used by such other native peoples. The interests of the Inuvialuit shall be protected by making the exercise of any such rights in the Inuvialuit Settlement Region subject to the same conditions that apply to the Inuvialuit and subject to the condition that such other native peoples provide the Inuvialuit, in the regions of those other native peoples, with reciprocal harvesting rights to species and in areas traditionally harvested by the Inuvialuit. 

14.(17) Native persons who are not eligible to be enrolled in the Inuvialuit Land Rights Settlement but who can demonstrate that, at the time of this Agreement, they have traditionally harvested and currently harvest certain wildlife species within certain areas of the Inuvialuit Settlement Region, may continue to harvest such wildlife within those areas on the same basis as the Inuvialuit if the same privilege is extended by those other native people to Inuvialuit persons in areas outside the Inuvialuit Settlement Region. 

14.(18) Persons holding a General Hunting Licence as of the date of execution of this Agreement who, reside in or near the Western Arctic Region, who are not eligible to be enrolled in the Inuvialuit Settlement and who can demonstrate that they have, on a regular basis, hunted caribou on Inuvialuit land for their personal consumption shall be guaranteed access to those lands by the Inuvialuit to harvest caribou for that purpose. For greater certainty, such access shall be subject to the preferential right of the Inuvialuit to harvest for subsistence usage set out in paragraph (6)(a). 

14.(19) It is agreed that the Wildlife Management Advisory Council (NWT) established by subsection (45) and the Fisheries Joint Management Committee established by subsection (61), shall, within their respective jurisdictions, serve as the mechanisms to facilitate the distribution of the harvest limits or the harvest for subsistence purposes among all the native peoples living in the vicinity of the Inuvialuit Settlement Region who traditionally depend on a common wildlife resource for food and clothing. As amended January 15, 1987 

14.(20) Canada agrees to take all reasonable steps to ensure, by means of the agreements referred to in subsection (39), that all native peoples who traditionally harvest caribou from a specific herd are able to obtain an equitable share of caribou for food. 

14.(21) Subject to this Agreement, the harvesting rights of a person holding a General Hunting Licence who resides in or near the Western Arctic Region shall not be prejudicially affected.

14.(22) For greater certainty, the Inuvialuit shall continue to have the right to qualify outside the Western Arctic Region for a General Hunting Licence under the Territorial Game Ordinance, R.O.N.W.T. 1974, C.G-1, until such Licence is superseded by the settlement of other native claims.

14.(23) The provisions of subsections 12(36) and (37) and 12(39) and (40) apply, with such modifications as the circumstances require, to harvesting of wildlife under this section. As amended January 15, 1987 

FISHERIES 

14.(24) The Inuvialuit may, without restriction, sell, trade or barter fish and marine mammal products acquired in subsistence fisheries to other Inuvialuit, regardless of residence, subject only to regulations to protect public health, to prevent sale, trade or barter to persons who do not qualify and to permit the acquisition of information necessary for the management of the fishery. 

14.(25) Where native beneficiaries in adjacent land claims settlements acquire rights to harvest fish resources for subsistence within the Inuvialuit Settlement Region on the basis of traditional use and occupancy, those beneficiaries shall be entitled to exchange fish and marine mammal products with the Inuvialuit on the same basis as that provided for the Inuvialuit under this Agreement. 

14.(26) Where, in the final settlements of the land claims of native groups adjacent to the Inuvialuit Settlement Region, provisions are made for the exchange of fish products with the Inuvialuit, the Inuvialuit shall be entitled to participate in the exchange under the conditions provided by those Settlements, but in no case shall that right exceed the right granted to the Inuvialuit of exchange amongst themselves. 

14.(27) Subject to the Fisheries Act and any regulations thereunder, the right to harvest fish and marine mammals includes the right to sell the non-edible products of legally harvested fish and marine mammals. 

14.(28) The right to harvest fish and marine mammals includes the right to possess and transport legally harvested fish and marine mammals across jurisdictional boundaries between the Yukon Territory and the Northwest Territories. 

14.(29) The Inuvialuit shall have first priority for the harvest of marine mammals, including first priority of access to all harvestable quotas for marine mammals within the Inuvialuit Settlement Region and the right to harvest a subsistence quota, to be set jointly by the Inuvialuit and the Government. They shall also have the right to harvest any portion of any commercial or other quotas that they can reasonably be expected to harvest within the quota year. The harvestable quota for marine mammals shall be set jointly by the Inuvialuit and the Government according to the principles of conservation. 

14.(30) All harvesting of fish is subject to the principles of conservation and the harvestable quotas set in accordance with those principles. 

14.(31) The Inuvialuit shall have the preferential right within the Inuvialuit Settlement Region to harvest fish for subsistence usage including trade, barter and sale to other Inuvialuit. If subsistence quotas are required to be set out in order to ensure conservation of the resource, they shall be set jointly by the Inuvialuit and the Government pursuant to subsections (61) to (72). As amended January 15, 1987 

14.(32) The Inuvialuit, whether individuals, cooperatives, corporations or collectives, shall be issued, subject to restrictions imposed by harvestable quotas, non-transferable licences to harvest under the commercial quota for any waters within the Inuvialuit Settlement Region, including the offshore, a total weight of fish per species equal to the weight of the largest annual commercial harvest of that species from those waters taken by the Inuvialuit in the preceding three years. 

14.(33) Where the Inuvialuit wish to commercially harvest fish beyond the amounts fixed by subsection (32), they shall be treated on the same basis as other applicants. 

14.(34) The Government agrees to implement suitable arrangements for the Inuvialuit Development Corporation commercial fishery within the Inuvialuit Settlement Region in order to accommodate the special economic and marketing features of the fishery. As amended January 15, 1987 

14.(35) For greater certainty, subsections (24) to (34) apply to the entire Inuvialuit Settlement Region. 

MANAGEMENT PROCESSES 

14.(36) Within their respective jurisdictions, the governments having responsibility for wildlife management shall determine the harvestable quotas for wildlife species based on the principles of conservation and the following procedures: 

(a) the Wildlife Management Advisory Council (NWT) 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 from 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 (6)(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 (NWT) 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 a further consideration of the matter, and (ii) in determining the subsistence quotas, the following criteria shall be taken into account by the Council or, where appropriate, 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 the wildlife populations to meet subsistence usage requirements including the availability of species from time to time, 

(E) the projections for change 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 Game Council and Hunters and Trappers Committees. 

14.(37) Recognizing the present restrictions of the Migratory Birds Convention Act, Canada undertakes to explore means to permit the Inuvialuit to legally hunt migratory game birds in the spring. Canada undertakes, if and when implementing any amendments to that Act, to develop in consultation with the Inuvialuit through the Wildlife Management Advisory Council (NWT) appropriate subsistence harvest regulations. 

14.(38) Canada undertakes to endeavour to obtain changes to other international conventions and arrangements and to explore other alternatives in order to achieve greater flexibility in the use of wildlife resources by the Inuvialuit. Canada undertakes to consult the Inuvialuit Game Council prior to any new international agreements that might affect the harvesting of wildlife in the Inuvialuit Settlement Region. 

14.(39) Canada undertakes to ensure that wildlife management and habitat management produce an integrated result with respect to migratory species within the Yukon Territory, the Northwest Territories and the adjacent offshore. In respect of migratory species that cross international boundaries,such as the Porcupine Caribou herd, Canada shall endeavour to include the countries concerned in cooperative management agreements and arrangements designed to maintain acceptable wildlife populations in all jurisdictions affected, including safe harvesting levels within each jurisdiction. Canada shall endeavour to have included in any such agreements provisions respecting joint research objectives and related matters respecting the control of access to wildlife populations. 

14.(40) The principles of caribou herd management, as generally expressed in Inuvialuit Nunangat, are accepted and in furtherance of those principles Canada shall endeavour to enter into agreements with all jurisdictions where lands support the herds and the caribou are harvested for subsistence. Canada shall endeavour to involve the native people who traditionally harvest caribou for subsistence in the formulation of such agreements and in the management of the caribou. 

14.(41) Canada shall, in cooperation with other jurisdictions, implement the Porcupine Caribou Management Agreement set out in Annex L. 

14.(42) The Inuvialuit shall have first priority in the Western Arctic Region for guiding, outfitting or other commercial activities related to wildlife as authorized by governments from time to time. 

14.(43) The preferential treatment received by the Inuvialuit shall not prejudice or affect the right or ability of any other native group to obtain like or more favourable treatment under its land claim settlement or other agreement and until such settlement or agreement, the priority given the Inuvialuit by subsection (42) shall not apply so as to favour the Inuvialuit over any other native group in the Western Arctic Region. 

14.(44) If any other native group is granted preferential treatment affecting the Western Arctic Region, the Inuvialuit shall be granted preferential treatment in that other native group’s region to the same effect and extent and shall be treated no less favourably in the Western Arctic Region than that other native group. WILDLIFE MANAGEMENT ADVISORY COUNCIL (NWT) 

14.(45) A Council to be known as the Wildlife Management Advisory Council (NWT) is to be established as soon as possible after the execution of this Agreement. 

14.(46) The Council shall initially have seven (7) members: the Chairman of the Council, one (1) representing Canada, two (2) representing the Government of the Northwest Territories and three (3) representing the Inuvialuit. As amended January 15, 1987 

14.(47) The Council shall have jurisdiction in respect of that portion of the Inuvialuit Settlement Region that falls within the Northwest Territories, including the adjacent near shore and offshore waters. As amended January 15, 1987 

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

14.(49) The permanent government members of the Council shall include persons designated by the Government of the Northwest Territories, and one person designated by the Minister of the Environment of Canada. 

14.(50) In addition to permanent members of the Council, temporary members may be co-opted from government departments or native groups, as they may be required from time to time.

14.(51) The permanent members of the Council appointed to represent the native interests shall include persons designated by the Inuvialuit. 

14.(52) Other native groups that have acquired harvesting rights in the Western Arctic Region under their land claims settlements shall be entitled to designate a representative. 

14.(53) Pursuant to subsections (39) to (41), where native people adjacent to the Western Arctic Region harvest a game resource in common with the Inuvialuit, those native people shall be entitled to membership on the Council on an equitable basis with the Inuvialuit for the consideration of the harvestable quotas and allocation of the subsistence quotas for that game resource. 

14.(54) The Chairman of the Council shall be appointed by the Government of the Northwest Territories, with the consent of the Inuvialuit and Canada. 

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

14.(56) The Council shall may establish rules and adopt by-laws regulating its procedures, including the holding of public hearings. 

14.(57) The Government of the Northwest Territories agrees to provide a secretariat to assist in meeting the administrative needs of the Council. 14.(48) Meetings of the Council shall be held once a year or more often as the appropriate minister or the Council decides. 

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

14.(60) The Council shall, on request, provide advice to the appropriate ministers on all matters relating to wildlife policy and the management, regulation and administration of wildlife, habitat and harvesting for the Western Arctic Region and, without restricting the generality of the foregoing, the Council shall: 

(a) provide advice on issues pertaining to the Western Arctic Region to wildlife management boards, land use commissions, the Screening Committee and Review Board and any other appropriate bodies;

(b) prepare a wildlife conservation and management plan for the Western Arctic Region for recommendation to the appropriate authorities as a means for achieving and maintaining the principles set out in subsections (1) to (5); 

(c) determine and recommend appropriate quotas for Inuvialuit harvesting in the Western Arctic Region; 

(d) determine and recommend harvestable quotas for migratory game species referred to in subsections (39) and (40) where they are harvested by native peoples other than the Inuvialuit, whether inside or outside the Western Arctic Region; 

(e) review and advise the Government on any proposed Canadian position for international purposes that affects wildlife in the Western Arctic Region; 

(f) review and advise the appropriate government on existing or proposed wildlife legislation;  

(g) advise on measures required to protect habitat that is critical for wildlife or harvesting in the Western Arctic Region; and 

(h) request from time to time, if appropriate, the participation of the local Hunters and Trappers Committees in the regulation of the subsistence harvest and the collection of subsistence harvest information. 

FISHERIES JOINT MANAGEMENT COMMITTEE 

14.(61) To assist Canada and the Inuvialuit in administering the rights and obligations relating to fisheries under this Agreement and to assist the Minister of Fisheries and Oceans of Canada in carrying out his responsibilities for the management of fisheries, the Minister of Fisheries and Oceans shall establish a Fisheries Joint Management Committee to advise him on matters relating to Inuvialuit and the Inuvialuit Settlement Region fisheries. 

14.(62) The Committee shall have a Chairman and four (4) members. The Inuvialuit Game Council and the Government shall each appoint (2) members. The Chairman shall be appointed by the four (4) members. Through bilateral agreements between native groups, membership may be extended to include other native representatives who have recognized traditional interests within the Inuvialuit Settlement Region, provided that equal representation between government and native membership be maintained. As amended January 15, 1987 

14.(63) The members of the Committee shall each have one (1) vote. The Chairman shall have a vote only in the case of a deadlock. 

14.(64) The Committee shall, among its other activities: 

(a) review information on the state of fishing in waters on 7(1)(a) and 7(1)(b) lands and Crown lands in any areas where the Inuvialuit have an interest and fishery related activities on 7(1)(a) and 7(1)(b) lands; 

(b) identify areas of waters on 7(1)(a) and 7(1)(b) lands where fishing has taken place and predict where fishing may in the future take place; 

(c) determine current harvest levels; 

(d) develop, maintain and control a public registration system for fishing in waters on 7(1)(a) and 7(1)(b) lands and for entry on 7(1)(b) lands for the purpose of fishing; 

(e) restrict and regulate the public right to enter on 7(1)(b) lands for the purpose of fishing where such restriction and regulation is required for the conservation of a stock, to prevent serious conflict with Inuvialuit activities, to prevent interference with other Inuvialuit use of the land to which they have title or to prevent unreasonable interference with Inuvialuit use and enjoyment of the land; 

(f) deny entry to persons who abuse the right; 

(g) allocate subsistence quotas among communities; 

(h) determine the reporting requirements and review the role of the Hunters and Trappers Committees in regulating the subsistence harvest and collection of harvest statistics; 

(i) make recommendations to the Minister of Fisheries and Oceans on subsistence quotas for fish, harvestable quotas for marine mammals, Inuvialuit commercial fishing, allocation of the preferential fishing licences to be granted under subsections (29) to (32), regulations regarding sport and commercial fishing in waters on 7(1)(a) and 7(1)(b) lands and the identification of waters where such fishing may be prohibited; and 

(j) advise the Minister of Fisheries and Oceans on regulations, research policies and administration of fisheries generally affecting the Inuvialuit Settlement Region, and on any new international agreements being developed that might apply to Inuvialuit fisheries. 

14.(65) Recommendations of the Fisheries Joint Management Committee pursuant to paragraph (64)(i) shall be forwarded to the Minister of Fisheries and Oceans, who shall implement, vary or reject them. 

14.(66) Where the Minister of Fisheries and Oceans varies or rejects a recommendation of the Fisheries Joint Management Committee he shall provide the Committee with written reasons for his decision within thirty (30) days after the recommendation is made. As amended January 15, 1987 

14.(67) On receiving the decision of the Minister of Fisheries and Oceans to vary or reject a recommendation, the Fisheries Joint Management Committee shall consider the decision and within thirty (30) days submit a further recommendation to that Minister. As amended January 15, 1987 

14.(68) On receiving the further recommendation of the Fisheries Joint Management Committee, the Minister of Fisheries and Oceans shall implement, vary or reject it. 

14.(69) Where the Minister of Fisheries and Oceans varies or rejects the further recommendation of the Committee, he shall provide the Committee with written reasons for his decision within thirty (30) days after the recommendation is made. As amended January 15, 1987 

14.(70) The Minister of Fisheries and Oceans may at any time request that the Fisheries Joint Management Committee provide him with a recommendation on any matter referred to in paragraph 64(i) and the Committee shall provide that Minister with such a recommendation within thirty (30) days after receiving the request. As amended January 15, 1987 

14.(71) Where the good management of the resource so requires, the Minister of Fisheries and Oceans may make and implement an interim decision, which shall be effective until the procedure described in subsections (65) to (70) is completed. 

14.(72) No interim decision may be made or implemented under subsection (71) unless the Minister of Fisheries and Oceans gives the Fisheries Joint Management Committee a reasonable opportunity to provide him with a recommendation. 

INUVIALUIT GAME COUNCIL 

14.(73) The Inuvialuit Game Council shall be established and shall have a Chairman and at least one representative from each of the Hunters and Trappers Committees referred to in subsection (75). As amended January 15, 1987 

14.(74) For the purposes of this Agreement, the Inuvialuit Game Council shall represent the collective Inuvialuit interest in wildlife. Without limiting the generality of the foregoing, the Inuvialuit Game Council shall, among its other activities: 

(a) appoint Inuvialuit members for all joint government/Inuvialuit bodies having an interest in wildlife, including those referred to in sections 11, 12 and 14; As amended January 15, 1987 

(b) advise the appropriate governments through the Wildlife Management Advisory Councils (NWT and North Slope) or otherwise as appropriate, on policy, legislation, regulation and administration respecting wildlife, conservation, research, management and enforcement; 

(c) assign community hunting and trapping areas within the Inuvialuit Settlement Region for the purposes of Inuvialuit wildlife harvesting where appropriate; 

(d) review and advise through the Wildlife Management Advisory Councils (NWT and North Slope) or otherwise as appropriate, the appropriate governments on existing or proposed wildlife legislation; 

(e) review and advise the government on any proposed Canadian position for international purposes that affects wildlife in the Inuvialuit Settlement Region; 

(f) where appropriate, allocate Inuvialuit quotas among the communities; 

(g) appoint members whenever possible or appropriate for any Canadian delegation that deals with international matters affecting wildlife harvesting by the Inuvialuit; 

(h) appoint members for any committee or group whose purpose is to investigate any aspect of wildlife usage in the Inuvialuit Settlement Region; and 

(i) on request, assist the Wildlife Management Advisory Councils (NWT and North Slope) in carrying out their functions. 

INUVIALUIT HUNTERS AND TRAPPERS COMMITTEES 

14.(75) Each Inuvialuit Community Corporation shall establish a community Hunters and Trappers Committee and determine the qualifications for membership therein. In determining those qualifications, regard shall be had to any agreements between the Inuvialuit and other native groups. As amended January 15, 1987 

14.(76) A Hunters and Trappers Committee shall, among its other activities: 

(a) advise the Inuvialuit Game Council on all local matters within the Committee’s area of responsibility; 

(b) advise the Inuvialuit Game Council on the division of the Inuvialuit Settlement Region into community hunting and trapping areas; 

(c) advise the Inuvialuit Game Council on the requirements of subsistence users in regard to fish and the animals referred to in paragraph (6)(a) within its area of responsibility; 

(d) sub-allocate the subsistence quota allocated for animals referred to in paragraph (6)(a) within its area of responsibility; 

(e) sub-allocate any Inuvialuit quota set for fish and the animals referred to in paragraphs (6)(a), (b) and (c); 

(f) make by-laws, subject to the laws of general application, governing the exercise of the Inuvialuit rights to harvest referred to in paragraphs (6)(a), (b), (c) and (d); 

(g) encourage and promote Inuvialuit involvement in conservation, research, management, enforcement and utilization in relation to the wildlife resources in the Inuvialuit Settlement Region; 

(h) assist in providing harvest data on request by the Wildlife Management Advisory Council [sic] (NWT and North Slope) or by the Fisheries Joint Management Committee; and As amended January 15, 1987 

(i) on request, assist the Wildlife Management Advisory Councils (NWT and North Slope) in carrying out their functions. As amended January 15, 1987 

14.(77) By-laws made under paragraphs (76)(f) shall be enforceable under the Wildlife Ordinance of the Northwest Territories. 

14.(78) Local Hunters and Trappers Committees shall be responsible for the sub-allocation of community shares of subsistence and other quotas among individuals and shall participate in the regulation of the subsistence harvest and the collection of harvest information as determined form time to time by the Fisheries Joint Management Committee and Wildlife Management Advisory Councils (NWT and North Slope). As amended January 15, 1987 

14.(79) The administrative and operational costs of the Inuvialuit Game Council and the Hunters and Trappers Committees shall be borne by the Government of the Northwest Territories. 

RESEARCH ADVISORY COUNCIL 

14.(80) Comprehensive and continuous research and scientific investigation are required in the Inuvialuit Settlement Region to provide information on which decisions affecting wildlife and the environment can be based. Whenever possible, studies should be undertaken by existing public and private institutions. 

14.(81) There shall be a central coordinating agency known as the Research Advisory Council comprising all persons conducting research in the Inuvialuit Settlement Region who wish to participate. 

14.(82) The Executive Committee of the Council shall have one (1) member from the Department of Fisheries and Oceans, one (1) from the Department of Environment, one (1) from the Department of Indian Affairs and Northern Development, one (1) from the Government of the Northwest Territories, one (1) from the Government of the Yukon Territory, one (1) from private industry, one (1) from the Association of Canadian Universities for Northern Studies and two (2) members designated by the Inuvialuit. As amended January 15, 1987 

14.(83) The Executive Committee of the Council shall determine its own duties and functions and make its own bylaws and rules of procedures. 

14.(84) The Research Advisory Council may: 

(a) collect and collate existing research data, identify gaps therein and make recommendations on any research required, including research to complete the data base; 

(b) at the request of government, industry, native groups or others, commission special studies, on a cost recovery basis, to fill particular needs; 

(c) serve as a repository for research studies and other relevant information; and 

(d) consider any other pertinent matter referred to it by the Executive Committee of the Council. 

14.(85) The budget for the operation and maintenance of the staff and facilities of the Research Advisory Council shall be provided by the Government of the Northwest Territories. 

14.(86) Travel and accommodation costs incurred by the members of the Research Advisory Council in carrying out their duties and functions shall be borne by the governments or bodies from which the Council members are drawn. 

14.(87) Subject to any agreement between the Inuvialuit and the Dene/Metis and subject to subsection 11(8), it is agreed that the Dene/Metis traditional harvesters shall have the right to appoint one (1) voting member as an additional member on all regional Councils, Committees or Boards referred to in sections 11, 12 and this section. That member shall have a vote only on matters concerning species and the harvesting and habitat of species traditionally harvested by the Dene/Metis in the Inuvialuit Settlement Region. These rights shall be accorded to the Dene/Metis on condition that they accord the same rights to the Inuvialuit. Where an additional member is appointed pursuant to this subsection, Canada shall have the right to designate or appoint its own additional member in order to attain representation equivalent to that of the natives. As amended January 15, 1987