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Impact Benefit Agreement Mining

On the basis of the annual monitoring and evaluation of the project`s performance, the commitments contained in the Annexes may be updated from year to year by agreement between the Parties to the IBA. The annexes are therefore dynamic working documents containing concrete and realistic commitments regarding the deployment of Greenland workers and companies. The licensee and subcontractors must comply with these obligations on an annual basis. The annual performance monitoring and possible updating of the commitments in the annexes ensure that the project develops according to the latest economic developments in Greenland (e.B workforce, labour market, industrial structure, etc.). Hosts a portal for Indigenous communities to learn more about careers in the mining sector, including education and training programs and resources such as job descriptions and a downloadable guide to mining professions: www.aboriginalmining.ca The confidential nature of impact benefit agreements means that a small portion of existing agreements are publicly available. To gather agreements for this project, the researchers used an ad hoc approach. The Columbia Centre for Sustainable Investment`s (CCSI) Community Development Agreement (CCSI, 2018) database was an invaluable starting point. CCSI is an interdisciplinary research institution based at Columbia University; He specializes in the research and application of sustainable international investment ideas. The CCSI online database contains agreements from Australia, Canada, Ghana, Greenland, Laos, Mongolia and Papua New Guinea. All Canadian agreements have been read and their financial provisions have been added to the database, where applicable. Agreements from other countries were read during the review of mining projects, and a representative sample was included in the database.

In addition, the agreements listed in the ICCC Directory of Community Agreements to which researchers had access were reviewed. A representative sample of mining project agreements was added to the database. The following resources and links have been selected to provide additional support to First Nations, Inuit and Métis communities working on impact and benefit agreements. These resources include national and international benchmarks and tools focused on topics such as mining and other industries. Registered charities interested in hosting an IBA Community Toolkit workshop for First Nations, Inuit and Métis communities in Canada should contact the Gordon Foundation to arrange a trained workshop facilitator and free toolkits. Confidentiality clauses are one of the most important challenges in the negotiation and implementation of IBAs. Confidentiality provisions are included in most IBAs and limit the parties` ability to publicly discuss IBA negotiations, sensitive information (such as financial data), or concerns about project development.23 These provisions may be requested by industry advocates – to protect the legitimate interests of businesses – or by Indigenous communities. 24 Indigenous communities expressed concern about a possible decline in government funding if the financial elements of an IBA were known.

25 Possible effects of confidentiality provisions may include a lack of transparency regarding the use and distribution of IBA benefits among members and communities,26 as well as limited opportunities to learn from others and build capacity for IBA negotiations.27 In addition, these provisions may limit the ability to assess the overall implementation and effectiveness of IBAs. 28 The conditions for negotiating IBAs may also be set out in comprehensive land claims agreements. These agreements, commonly referred to as modern treaties, generally grant signatory Aboriginal communities land rights, resources and, since 1996, self-government. Some comprehensive land claim agreements, particularly in the north, require IBAs, particularly when development activities are conducted on settlement lands. As shown in Table 1, IBAs can be signed under these agreements with resource development advocates or with the federal government for the creation of nature reserves and parks.16 Provides news and resources in www.miningwatch.ca, including the mining investor Primers: Understanding the legal structure of a mining company and identifying its management, its shareholders and its relations with the financial markets. www.wman-info.org/resources/technicalreports/Mining_Investors.pdf Vale successfully negotiated IBAs with the Nunatsiavut Government and the Innu Nation, resulting in a mutually beneficial relationship where benefits to the Innu and Labrador Inuit are maximized and negative outcomes are minimized. While the details of the agreements are confidential, they provide specific business, employment and training opportunities for members of the Innu Nation and Nunatsiavut Government with respect to the mining component and concentrators of development. Very similar to IBAs (and in some cases the term is interchangeable with an IBA), but some parts of Canada have specific requirements set out in legislation (p.B.dem Yukon Oil and Gas Act) or in land claims agreements. The Government of Yukon and the Kaska Nation, for example, have provided an abbreviated template for the performance agreement, which is publicly available at www.emr.gov.yk.ca/oilandgas/pdf/template_benefitsagreement.doc. Natural Resources Canada estimates that a total of 335 IBAs have been signed for 198 mining projects since 1974. Of these IBAs, 265 remain active, covering various phases of project development, from exploration to recovery (see Figure 1).9 Recent research by the Northern Development Ministers` Forum suggests that the number of IBAs signed has increased significantly over the past two decades. .