Insights from First Nations, Government and Industry Leaders on Criteria for Successful Impact Benefit Agreements.

Abstract

Over the past decade, British Columbia, Canada's westernmost province, has begun developing liquified natural gas (LNG) mega projects that can transport Canadian resources to foreign markets across the Pacific region. These projects have gained significant profile due to high-level debates over their environmental, social and economic impacts. While LNG projects are required to undergo environmental impact assessment procedures, there is growing recognition of the need to ensure that positive social, economic and environmental impacts are fairly distributed to local communities. Similar to other extractive industries, many corporations leading the development of these projects engage in negotiations over so-called "impact benefit agreements (IBAs)"-legal agreements between a corporation, a government and/or a community that details how projects can benefit the local community and on what timeline so as to build social license to operate and investor confidence. This contribution details the findings of a qualitative study highlighting the perspectives of First Nations, provincial and federal government, and industry leaders to examine what makes an IBA successful and from whose perspective. The paper provides an introduction to IBA structures and processes, a brief review of the legal context, a qualitative methodology co-developed between academic researchers and Indigenous community leaders, and describes key criteria to inform future successful IBA agreements that create equitable multi-party benefits in an era of Indigenous reconciliation.