Impact Benefits Agreements (“IBAs”), Reconciliation Agreements and other economic agreements help to ensure that Indigenous governments and communities receive monetary and other compensation for the impacts of a project in their territory and that proponents receive the community’s consent before proceeding with a proposed project. These agreements have become increasingly important instruments both for Indigenous communities to engage with and convey their concerns about projects in their traditional territories and for proponents to address the adverse impacts of these projects.
We work with our clients to ensure that their section 35 rights are protected and that Indigenous governments and communities receive their fair share of the financial and other benefits that result from development on their land and territory, where they have consented to a project. We also help Indigenous governments and communities to ensure that development occurs in an environmentally sustainable manner, and in a way that is beneficial to and culturally appropriate for their community.
Our work includes:
- initial exploratory sessions
- negotiating, drafting and advising on:
- Memoranda of Understanding (“MOUs”)
- pre-development agreements
- Impact Benefit Agreements (“IBAs”)
- reconciliation agreements
- advising on the implementation of agreements
If you would like to talk to a lawyer practicing in this area, please contact: