Finding A Role For Government In Indigenous Benefit Agreement Negotiations For Mining Projects

Over the past few decades, agreements between Indigenous peoples and proponents which provide for project certainty and shared benefits (sometimes called an "Impact Benefit Agreement" or "IBA") have become standard practice in Canada. By one measure, more than 500 agreements have been entered into between Indigenous communities and the mining industry since the year 2000.¹

Governments are now increasingly seeking to promote or even mandate Impact Benefit Agreements, which historically were negotiated on a voluntary basis by Indigenous parties and proponents seeking to reduce regulatory and project uncertainty and share in benefits.² While the objectives of government may be commendable, government pressure or mandates aimed at resolving Impact Benefit Agreements introduce new challenges for all parties. Governments seeking to both promote responsible mining and the negotiation of benefit agreements will need to play a more active and balanced role, including