Impact Benefit Agreements Mining

ACCORDS are legally binding agreements negotiated by the private sector, which establish formal relationships between Aboriginal communities and industry representatives. With a few exceptions, governments are not directly involved in the development or negotiation of these bilateral agreements4. It is important that IBAs differ from revenue-sharing agreements between governments and Aboriginal groups that share government revenues such as royalties and taxes generated by resource developments. Policies for sharing resource revenues vary by province and territory. In some legal systems, such as British Columbia, a particular project may require both ACCORDS and resource-sharing agreements. Other jurisdictions do not ask for 5. We are studying the potential of impact and benefit agreements (EECs) in power structures (re) producing in the context of neoliberal governance. The nature of the benefits that fall within the scope of the IBAs may also have an impact on the negotiation process. Many Aboriginal communities see resource development as a means of meeting the community`s persistent needs, such as. B deficits in infrastructure and social services29. In addition, investments in social services such as housing, family counselling and child care can offset the potentially negative effects of resource developments on the Community.30 However, IICs tend to focus more on economic benefits, such as employment and business development opportunities. , and not exclusively on social benefits.

Some proponents of the project have refused to accept social benefits in CCIs, which are often seen as a government responsibility.31 Differences between the parties` expectations of the content of an IBA can lead to lengthy negotiations. These delays can be particularly difficult if there is no apparent recourse to negotiations that lead to a deadlock.32 Impact and Benefit Pacts (IBAs) have proven to be a mechanism to promote Aboriginal participation in resource development projects. This document provides a brief overview of the IBA in Canada and describes its content and legal, regulatory and political framework, as well as some issues related to the negotiation and implementation of THE ACCORDS. Community capacity challenges can also have an impact on the implementation of the IBA and on the transfer of long-term benefits to Aboriginal communities. As previously mentioned, IBAs may include training and procurement rules for businesses to help communities achieve long-term economic prosperity and well-being33. The lack of advanced formal education continues to have an impact on opportunities to reach leadership positions, 34 In addition, challenges in commercial capacity, including barriers to access to capital, have limited the development of local Aboriginal businesses and, as a result, have hampered the ability of some Aboriginal communities to take full advantage of IBA-related procurement rules35 at the provincial and territorial level. use of resources with local communities. In Alberta, for example, IBAs are voluntary, while in Saskatchewan, mining companies operating in the northern part of the province must sign land leases.18 Recognizing that labour development opportunities in northern Saskatchewan are limited, these land lease agreements are designed to improve employment and economic opportunities and are required for long-term leases.19 At the federal level. , legislation in Nunavut, the offshore region and part of the Northwest Territories requires oil and gas advocates to develop performance plans that maximize employment and business opportunities for northerners.17

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