Impact and Benefit Agreements
We are leaders in the field in the negotiation of IBAs and Resource Revenue Sharing agreements for Indigenous clients with proponents and governments. We have advised on over 200 IBAs in a broad range of resource development setting, from mining to forestry to energy.
We negotiate agreements bringing economic benefits and protections of rights to communities, including some of the largest agreements in Canada.
We have substantial experience securing First Nation ownership interests and benefits in major development projects and related expertise ranging from the negotiation of limited recourse financing and government guarantees, to the formation of corporations, joint ventures, and partnerships, to the negotiation of priority employment and procurement contracts. Where necessary, we rely on our established background of undertaking strategic litigation to reinforce rights.
- We have assisted Indigenous clients in enforcing the terms of some of the largest IBAs in Canada (such as Voisey’s Bay Nickel Mine; all the NWT diamond mines; many of the largest projects in Alberta’s oil sands)
- We have litigated to ensure IBA negotiation and compliance (Voisey’s Bay Nickel Mine; Shell; Ring of Fire)
- We have IBA audit experience, working with financial experts to audit financial chapters of IBAs to ensure enforcement of financial obligations.
Our Experience Includes:
- Over 100 mining IBAs in Canada: in NWT, Labrador, New Brunswick, Ontario, Manitoba, Saskatchewan, and British Columbia
- The Snap Lake, Diavik, Ekati and Gahcho Kue diamond mines in the NWT
- The Voisey’s Bay Mine and several major iron ore projects in Labrador Negotiations and litigation related to Ontario’s Ring of Fire development
- The Lower Churchill Project (hydro dam and transmission line) in Labrador
- Two hydroelectric dams on the White River in Northern Ontario
- Major oil sands projects in Northern Alberta
- Uranium mining and milling projects in Northern Saskatchewan
- Forestry licenses and management plans in Manitoba, Ontario and Newfoundland and Labrador
- Numerous IBAs resulting in equity partnerships arrangements in the area of electricity transmission and generation, including renewable energy projects