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Implementation Plan for the Sahtu Dene and Metis Comprehensive ...

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ANNEX AProject 18 - 1:Project Manager:Participant/Liaison:Resolution of claims <strong>for</strong> compensation <strong>for</strong> harvesting losses as a result ofdevelopment activityParties to harvesting compensation claimParticipants, Developer, Arbitration PanelObligations Addressed:18.1.2 (a) A developer is liable absolutely, without proof of fault or negligence, <strong>for</strong> <strong>the</strong> following lossesdamage suffered by a participant as a result of development activity of that developer:(i) loss or damage to property or equipment used in wildlife harvesting or to wildlifeharvested;(ii) present <strong>and</strong> future loss of income from wildlife harvesting; <strong>and</strong>(iii) present <strong>and</strong> future loss of wildlife harvested <strong>for</strong> personal use or which is provided by<strong>the</strong> participants to o<strong>the</strong>r participants <strong>for</strong> <strong>the</strong>ir personal use; <strong>and</strong>(b) notwithst<strong>and</strong>ing (a), a developer shall not be liable <strong>for</strong> losses suffered by a participant as aresult of <strong>the</strong> establishment of a national park or a protected area, or any lawful activitywithin a park or protected area, except <strong>for</strong> direct loss or damage to property or equipmentused in wildlife harvesting or to wildlife harvested.Referenced Clauses: 18.1.3, 18.1.4, 18.1.5, 18.1.6, 18.1.7ACTIVITIES RESPONSIBILITY TIMING GUIDELINES(in sequence)1. Best ef<strong>for</strong>ts will be made to mitigate any participant, developer after settlementlosses or damages referred to in 18.1.2legislation2. An agreement may be negotiated with participant, developer after settlementrespect to compensation <strong>for</strong> losses in relationlegislationto wildlife harvesting, including <strong>the</strong> process <strong>for</strong>settling <strong>and</strong> resolving any claims3. If a participant considers that a development participant after settlementhas caused a loss or damage to wildlifelegislationharvesting, <strong>the</strong> participant may:- submit a written claim <strong>for</strong> compensation to participant as soon as possible<strong>the</strong> developerafter <strong>the</strong> claimed loss isidentifiedORwithin <strong>the</strong> statute of- sue <strong>the</strong> developer <strong>for</strong> damages participant limitations of <strong>the</strong>relevant legislation4. If proceeding under <strong>the</strong> provisions of <strong>the</strong> developer, participant within 30 days of claimagreement, a settlement of <strong>the</strong> claim <strong>for</strong>submissioncompensation is negotiated5. If a settlement of <strong>the</strong> claim is not reached developer, participant 30 days after claimwithin 30 days of submission, ei<strong>the</strong>r partysubmissionmay refer <strong>the</strong> matter to arbitrationORSAHTU IMPLEMENTATION PLAN 91

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