Establishment Agreement

Inuvialuit Priority for Park Business Licences

9.02 Procedure

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

1. the Superintendent shall:
   1. promptly provide the IRC , the SHHTC and the SHCC with 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 geographic 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 article.
2. the IRC, in consultation with the SHCC, shall have thirty days from the date notice is received pursuant to (a)(i) to advise the Superintendent in writing that the Inuvialuit are exercising their right of first priority under this article.
3. if the IRC, in consultation with the SHCC, advises the Superintendent in writing that the Inuvialuit have not exercised their right of first priority, the Superintendent shall notify the original applicant and CPS may proceed to process the original application.
4. if the IRC fails to advise the Superintendent in writing within thirty days of receiving notice that Inuvialuit are exercising their right of first priority, it shall be deemed to have given notice under (e) that Inuvialuit are not exercising their right of first priority.
5. if the notice described in (b) states that the Inuvialuit are exercising their right of first priority, the following provisions shall apply:
   1. i) the Inuvialuit shall, within six months of receiving the notice described in (b), submit an application to the Superintendent for a business licence to operate a business substantially similar in nature and location to that proposed by the original applicant; and
   2. ii) the Superintendent shall notify the original applicant that the Inuvialuit intend to exercise their right of first priority under this article.
6. If the application of the Inuvialuit is approved, they shall be issued a business licence and the original applicant shall be notified in writing that its application has been declined.
7. subject to the right of first priority procedure contained in this article, the original applicant may resubmit its original application or submit a new application for a business licence.
8. If the application of the Inuvialuit is not approved, the Superintendent shall notify the original applicant in writing, and CPS may proceed to process the original application.
9. If the Inuvialuit fail to submit an application in accordance with (e)(i) above, they shall be deemed to have given notice that they are not exercising their right of first priority and CPS may proceed to process the original application; and
10. 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 Superintendent in writing and, upon receipt of such notice, CPS may proceed to process the original application.