Impact Benefit Agreements

Often the outcome of Indigenous consultation, Impact Benefit Agreements (IBAs) bring project certainty to proponents and provide benefits to Indigenous communities that may be impacted by the project. IBAs are also known as:

  • benefit agreements
  • definitive agreements
  • participation agreements
  • resource agreements
  • resource development agreements
  • resource-sharing agreements
  • sustainability agreements
  • community impact agreements.

IBAs seek to address uncertainties and risks associated with Indigenous consultation by outlining how both parties to the agreement will benefit. IBAs typically derive from consultation and provide First Nations communities with environmental monitoring oversight as well as employment, procurement, and other financial benefits.

Impact benefit agreements expertise

Negotiation, drafting, and implementing agreements

Through early and effective engagement and consultation with Indigenous communities, our lawyers strive to create a positive negotiating environment for crafting partnership and joint venture opportunities that benefit both the proponent and the Indigenous community.   A clear and balanced IBA can minimize future project risks by establishing respectful relationships over the life of a project.

Our Indigenous Legal Issues lawyers have been representing First Nations and proponents in agreement negotiations for over twenty years.  Our practical and business-minded counsel has resulted in cutting-edge agreements that support respectful long-term relationships.  Our agreements holistically address environment and culture as well as business and financial terms. Our lawyers have experienced the full life span of IBAs. We have negotiated agreements leading up to IBAs that address how negotiations will proceed. We have negotiated and drafted Exploration Agreements for early to advanced stages of mineral exploration. We have been part of negotiating teams on numerous IBAs in Ontario, Nunavut and the Northwest Territories. We have advised about the implementation of IBA commitments and in resolving disputes that may arise through mediation, arbitration, or litigation including issues that occur during the close of projects. We have assisted with amending IBAs where there is a change in circumstances and addressing issues after the close of projects.

Dispute resolution

Impact benefit agreements are meant to avert disputes; however, this is not always possible. When disagreements arise and negotiations cannot produce a positive outcome, our lawyers are experienced at resolving disputes through mediation, arbitration, and litigation.

Learn more about how our litigators can help.

Contact our Indigenous legal issues lawyers today

Willms & Shier Environmental Lawyers has offices in Toronto, Ottawa, Calgary, and Yellowknife. Our lawyers are called to the Bar in Alberta, British Columbia, New Brunswick, Nunavut, Northwest Territories, Yukon, and Ontario.

To speak with an Indigenous Legal Issues lawyer, contact us today.