Assessing Value: A Comprehensive Study of Impact Benefit Agreements on Indigenous Communities of Canada

Abstract

Impact Benefit Agreements are formal contracts between Aboriginal bands and private industry outlining the obligations of each party throughout the business relationship. This mechanism for negotiation settlement is principally characterized as having no federal/provincial/territorial involvement. While Impact Benefit Agreements date back over 40 years, recent economic and social developments have led to an increased prevalence in the use of this type of agreement by the Canadian extractive industry. The economic data suggests that these types of agreements are beneficial to communities. Conversely, the socio-cultural outcomes may be seen as predominately negative. This is especially true for women as often marginalized actors within Aboriginal communities. Understanding the relative weight of each factor is underlain with considerations of sovereignty and the Canadian government’s duty to protect. Policymakers have a responsibility to create a negotiating environment which empowers the Aboriginal actors while allowing them the agency to develop in an autonomous manner.