The Tuktut Nogait Agreement

15. Inuvialuit Priority for Park Business Licences

15.1

Where a non-Inuvialuit individual or organization makes an application for a licence to operate a business permitted in the Park, the Inuvialuit have, in accordance with the procedure contained in Subsection 15.2 below, the first priority to apply for and acquire a business licence to carry on a business substantially similar to that described in the non-Inuvialuit application.

15.2

Upon receipt of an application for a business licence by a non-Inuvialuit to conduct a business in the Park, the following procedure shall apply:

  1. The DCH Director shall:
    1. promptly provide the IRC , the PHTC and the PCC with a written notice that an application has been received, together with a short description of the nature of business activity proposed and, in general terms, the geographical location in the Park where the business is proposed to be carried on; and
    2. advise the original applicant in writing that its application will be processed subject to and in accordance with the first priority procedure contained in this Section.
  2. The IRC, in consultation with the PCC, shall have thirty (30) days from the date notice is received pursuant to Subparagraph (A)(i) to advise the DCH Director in writing that the Inuvialuit are exercising their right of first priority under this Section;
  3. If the IRC, in consultation with the PCC, advises the DCH Director in writing that the Inuvialuit have not exercised their right of first priority, the DCH Director shall notify the original applicant and the Department of Canadian Heritage may proceed to process the original application;
  4. If the IRC fails to advise the DCH Director in writing, within thirty (30) days of receiving notice, that the Inuvialuit are exercising their right of first priority, it shall be deemed to have given notice under Paragraph (C) that Inuvialuit are not exercising their right of first priority;
  5. If the notice described in Paragraph (B) states that the Inuvialuit are exercising their right of first priority, the following provisions shall apply:
    1. the Inuvialuit shall, within six (6) months of receiving the notice described in Paragraph (A), submit an application or applications to the DCH Director for a business licence to operate a business substantially similar in nature and location to that proposed by the original applicant; and
    2. the DCH Director shall notify the original applicant that the Inuvialuit intend to exercise their right of first priority under this Section;
  6. If the DCH Director approves the application of an Inuvialuit Business, the DCH Director shall issue that business a business licence, and shall inform the original applicant and any other Inuvialuit applicants under Subparagraph E(i), in writing, with reasons, that their applications have been declined;
  7. The DCH Director shall not reject an application for a business licence under Subparagraph (E)(i) above without just cause and without informing the applicant(s) of all of the Director's reasons for rejecting the application;
  8. If a single Inuvialuit Business has applied for a business licence under Subparagraph (E)(i) above and the DCH Director rejects that application, informing the applicant in accordance with Paragraph (G) above, then the DCH Director shall give the applicant thirty (30) days to submit another application. Provided that the applicant submits a further application during this period, and until the DCH Director has notified the applicant in writing of his/her decision on the further application, with reasons, the applicant shall continue to enjoy its first priority to acquire a business licence. For greater certainty, there shall be only one thirty (30) day further application period associated with each business licence under this Paragraph and Subparagraph (I);
  9. If more than one Inuvialuit business has applied for a business licence in accordance with Subparagraph (E)(i) above and the DCH Director rejects all of the applications, then the provisions allowing a further application during a period of 30 days, set out in Paragraph (H), shall apply to all of the applicants;
  10. If the Inuvialuit fail to submit an application in accordance with Subparagraph (E)(i) above, they shall be deemed to have given notice that they are not exercising their right of first priority and the DCH Director may proceed to process the original application;
  11. Where, after giving notice of their intention to do so, the Inuvialuit decide not to exercise their right of first priority, the IRC shall notify the DCH Director in writing and, upon receipt of such notice, the DCH Director may proceed to process the original application; and
  12. Subject to the right of first priority procedure contained in this Section, the original applicant may resubmit its original application or submit a new application for a business licence.

Previous | Index | Next