Impact Management and Benefits Agreements (IMBA) A community presenta0on

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Phebe Potter
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1 Impact Management and Benefits Agreements (IMBA) A community presenta0on

2 General Impact Benefit Agreements are agreements between industry and First Na8ons, usually related to a proposed project that will use or impact First Na8ons lands and resources They are not to be confused with Accommoda8on Agreements that are the responsibility of the Crown

3 IBA s or IMBA s Early agreements were referred to as Impact Benefit Agreements because their content was usually limited to the iden8fica8on of benefits jobs, contracts, cash More recently, agreements have featured provisions where the First Na8ons can bind the proponent to impact mi8ga8on measures over and above those which may be provided for by government regulators IMBA s

4 Kitselas Approach Kitselas describes the nego8a8ons with proponents as IMBA s so that we can ensure that a broader range of mi8ga8on measures can be used to minimize impacts e.g. managing access before, during and ajer construc8on; special measures for important cultural resources or food gathering areas.

5 Why IMBA s? Companies have been nego8a8ng IMBA s in Canada since the mid 1990 s Partly because of an increased awareness of their corporate social responsibility (CSR) Partly because, as Aboriginal jurisprudence develops, they realize the benefit of having FN support Partly because the Crown pressures them to nego8ate IMBA s so that they (the Crown) can offload part of their accommoda8on responsibili8es on the private sector

6 IMBA History First IBA s in Canada were nego8ated in the NWT in 1998 around Canada s first diamond mine (Eka8) Agreements were with Akaitcho Treaty 8, Dogrib, Me8s and BHP Biliton as the proponent Nego8a8on pressure was applied by Canada - Cabinet

7 Mining: Other Examples Apple Bay Quatsino 2003 Syncrude Oil Sands Adawapiskat 2005 Snap Lake Tklitcho Diavik Diamonds Me8s Alliance 2000 Eskay Creek - Tahltan 2004 Voisey s Bay NL Inuit Teck Elk Valley Coal Ktunaxa under nego8a8on

8 Examples (cont d) Energy: Nakum Wind Farm Haida 2007 Kwagis Power Namgis 2006 Wa as Power Namgis 2009 SwiJ Power Kitselas 2012 BC Hydro various FN s NTL, Columbia River system and Vancouver Island upgrades,

9 Examples (cont d) Transporta8on: Fairview Port expansion Tsimshian 2011 Evergreen Line Tsleil- Waututh 2011 Port Mann Bridge various FN s 2010 Sea to Sky highway TWN/Squamish

10 Examples (cont d) Oil and gas: PTP Benefits Agmnt 16 FN s 2010 Northern Gateway 26 FN s so far signed on to their equity offer

11 IMBA contents Early IBA s generally featured five main envelopes: Financial component Business development - preferred opportuni8es for FN business to provide goods and service to the project Employment targets for FN hires, employment incen8ves Training Certainty

12 IMBA contents (cont d) More recent IMBA s have become more flexible and inclusive in terms of topic areas and have included: Environmental management and stewardship Cultural resource management and protec8on Specific socio- economic legacy projects

13 Financial elements Previous IMBA s have included: One lump sum payment upon project approval commencement of construc8on or opera8on Periodic payments 8ed to project milestones EA approval, FID, commencement of construc8on etc. Percentage of annual produc8on revenues Equity ownership in the project A combina8on of the above

14 Business Opportuni8es The following mechanisms have been used in other IMBAs: Direct awards carve outs or set asides Bid preferences First Na8on content favoured trading partner rela8onship

15 Employment and Training IMBA examples include: Training funds from the proponent, government and others PTPASEP Training for a specific job category Bursaries and scholarships for specific technical or post secondary training Specific employment targets i.e.: a % of the workforce or a target number of employees Special considera8ons in the screening of poten8al FN employees

16 Certainty Proponents seek an exchange of promises and commitments from FN s in an IMBA (certainty): Acknowledgement that the FN has been consulted and all their interests have been addressed; and Promise not to sue or interfere with the project or its con8nuing opera8on Releases for the proponent into the future

17 Environmental management Provisions rela8ng to environmental management and stewardship are recent elements of IMBA s. They may include: Ongoing monitoring Specific bilateral commitments between proponent and FN for environmental protec8on Reclama8on and restora8on

18 Cultural Resources As with environmental management, cultural management provisions are recent facets of IMBA s. They may include: Cultural management planning; Archaeological provisions, including chance find Commitments to use of FN language, names and signage in the project Cultural training for project employees and contractors

19 Current status Kitselas has framework agreements in place for the nego8a8on of the following IMBA s: PNWLNG Prince Rupert facility PRGT pipeline feeding the PNWLNG facility Coastal GasLink pipeline feeding the Shell facility in Ki8mat Northern Gateway - pipeline

20 Current status (cont d) Projects where IBA frameworks are under discussion or poten8al: PNG Looping pipeline to feed Douglas Channel facility Ki8mat Clean refinery proposal BG Gas Prince Rupert facility Westcoast Connector pipeline to feed BG facility Shell Ki8mat facility Nexen, Imperial, Woodside

21 Current status (cont d) In addi8on to the poten8al IMBA s with proponents, Kitselas has a nego8a8on framework agreement in place with BC to nego8ate accommoda8on agreements respec8ng the known LNG facility and pipeline projects.

22 Q&A Over to you

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