Our professionnals have been actively involved in a variety of mandates across the country that have led to the satisfactory resolution of land claims issues or the successful conclusion of agreements regarding major resource development projects and related aboriginal business development and employment opportunities.
We are proud, and privileged, to be active in this area and we are qualified to provide the appropriate multi-disciplinary expertise. Our services are generally provided to the Aboriginal client, by working in conjunction with their leadership and negotiators, as well as other advisors, including legal counsel and development project consultants.
Impacts and Benefits Agreements (IBAs)
IBAs are increasingly recognized as part of the standard package of regulatory and benefits requirements associated with major natural resource development projects in Canada, particularly when they are located within traditional aboriginal territories and in proximity to aboriginal communities.
IBAs are emerging as the primary means of establishing a formal relationship between the project developer and local people. Furthermore, IBAs, benefits plans and related regulatory requirements are being relied upon increasingly by governments as instruments of regional economic development.
IBAs have two principle purposes from the perspective of government and aboriginal parties:
- To address the concerns of aboriginal people and other local residents regarding the adverse effects large-scale mineral development may have on their communities, culture, way of life, natural environment and land-based economic activities
To ensure local people and communities have the opportunity to obtain short-term and long-term benefits from mineral development occurring in their region.
Both purposes reflect the underlying premise that it is no longer acceptable to develop natural resources in a manner that imposes significant costs at the local level while the benefits are enjoyed elsewhere. The resource industry views IBAs as one element in a complex set of regulatory, technical and economic considerations that must be addressed if a major resource or infrastructure project development is to progress smoothly from the initial planning stages to final approval and operational status. Even when the negotiation of IBAs is not required by law or directed by government policy, these agreements may be used by resource development proponents to address local concerns that, if ignored, could crystallize into organized and effective opposition to natural resource and infrastructure development projects.
A paper reviewing the process, responsibilities, and content related to IBAs has been prepared by Harvey Sands and is available for your consultation upon request. To consult the Table of contents, click here.
Click here to receive this documentation.
Self-government and land claim negotiations
The Government of Canada, through courts and provisions of the Constitution Act, 1982, recognizes and affirms the existing treaty rights of the Aboriginal peoples of Canada. “Treaty rights” include rights that may be acquired by way of land claims agreements. The Government also acknowledges that Aboriginal groups have rights to Land Claims Areas based on their traditional, and current, use and occupancy of the land, water and sea ice in accordance with their customs and traditions.
Land claim agreements generally set out principles for the establishment of a free and democratic government. They also define a wide range of rights and benefits to be exercised and enjoyed by claimant groups. These may include full ownership of certain lands, guaranteed wildlife harvesting rights, participation in land and resource management throughout the settlement area, financial transfers, resource revenue-sharing and economic development measures.
We provide advice and counsel with respect to the fiscal aspects of these agreements.
