Aboriginal Impact and Benefit Agreements: Practical Considerations

Resource development on Aboriginal lands consultation with Aboriginal peoples and subsequently the negotiation of Impact Benefit Agreements (IBAs). Case law in the area is rapidly emerging and standards for industry have increased. Similarly, the application of land claim agreements, agreements in principle and a variety of provincial and federal legislation creates a complex web of considerations for negotiating IBAs.Drawing on industry experience and existing jurisprudence, what follows is an explanation of: why IBAs need to be negotiated by developers: information on key and contentious elements; critical planning considerations; and guidance for navigating this complex and uncertain territory with a view to creating mutually beneficial commercial relationships.