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Building Your First Nation
Organization’s Human Resources
May 2nd & 3rd, 2012
By: Michael Watson Stó:lō Community Futures – General Manager
Aboriginal Impact Benefit Agreements
Presentation Context
From a First Nation perspective, discussion focuses on building a First Nation human resources Team in negotiating IBA’s.
Developing and implementing a First Nation human resource strategy for IBA’s
Building and assembling your First Nation strategic Team skill set required to successfully negotiate, draft and implement an IBA
How to ensure that First Nation human resource capacity can be achieved to succeed at all stages of the IBA process
Key Approaches and Qualifiers
Every project, every First Nation, every company and the legislative framework surrounding each project are different.
Different Projects - Require different needs in each situation
Focus – Providing insight on building entire IBA Team from a First Nation perspective
Our Role – Project Mangers for IBA process for Stó:lō Nation Communities
Approaches / Objectives – Build a First Nation Team that is equal to, or better than, the team on the other side
Key Approaches and Qualifiers (cont.)
Key Team Structuring Principles:
Use of outside expertise as required
How to select and integrate into the First Nation’s Team
Building First Nation capacity throughout IBA process
Confidentiality of IBA’s respected
IBA’s – First Nation Human
Resources – Key Factors
First Nation key factors in structuring a Team
Chief and Council – Political structures, role and involvement
Adjoining First Nations – More than one community involved – adds to the complexity of the Team structures
Nature of Project – Each project is different, know the project
Legislative and Negotiating Frameworks – Understanding the playing field
Staff – Assessment of current First Nation Staff capacity
IBA’s – First Nation Human
Resources (cont.)
Community Involvement – Key component in structuring Team infrastructure
Financial Resources
– Availability of internal First Nation resources
– Negotiating for financial assistance from proponents and/or governments
Selecting Key Negotiator – Project Manager – Team Leader – Attributes
Need for Outside Expertise and Consultants – How to identify and select
Capacity Building – Key objective to implement within IBA process
Successful First Nation IBA Signing
Seven Generations Environmental Services Ltd. (owned by six Stó:lō First Nations) signing an IBA with BC Hydro on January 21st, 2011
for the Interior to Lower Mainland (ILM) Transmission Project
Presentation for First Nation Human
Resources
Presentation for First Nation Human Resources Divided into Four Major Sections:
1. The Initial Project Phase
2. Regulatory Process and Negotiating Framework
3. IBA Negotiations
4. IBA Implementation
1. The Initial Project Phase
Nature of Project – Need expertise that can research and understand a particular project (e.g. Mines, Oil / Gas, Transmission Corridor, Run-of-River)
– Expertise in Staff – Designate a lead
– Need Outside Expertise – Not just project areas but broader, industry, environmental, economic
Gathering / Assembling Information
– Internal Staff – Cultural, Archeological, Traditional, Lands
– Regulatory Framework – Legal counsel – Internal / Existing
– External specific expertise
1. The Initial Project Phase (cont.)
Involving Community Members – Community Coordinator
Working with other First Nations…..Community Leaders – Chief/Council
Beginning preparations
Making a decision to negotiate or using other techniques
1. The Initial Project Phase – Key
Team Members
Selecting overall Project Team Leader – First Nation Member
– Key Point of Contact – Staff / Political Leader
– Not necessarily lead negotiator
Internal Team Members / Skill Sets
– Community coordinator and liaison
– Archeological, Cultural, Traditional Knowledge and Lands
– Financial – Budget officer
– Record Keeping – Establishing project central records facility
– Researchers – Internal
External Expertise – Start assembly of outside supports
– Legal Counsel
– Media / Public Relations
– Environmental, Scientific, Industry, Economic
1. The Initial Project Phase – Key
Team Members (cont.)
Identifying and Involving a Lead Negotiator / Project Manager
– Timing of involvement
– Key attributes
– Internal to First Nations - Preferred
– External selection – How to identify
Role and involvement of political leaders
When more than one First Nation
– Setting-up Oversight Management body
Budgets and financial administration – Internal Staff
– Working with Project Manager
2. Regulatory Process and
Negotiating Framework
Importance of Knowing – The road the Team will be travelling
– The rule book and terms of engagement
Area has extensive legal implications – Need to know
Creating the duty to Consult and Accommodate
(Constitution S.35; Treaties; Legislation; Court Decisions)
Crown can not delegate its Authority – Crown delegates procedural component to Industry
– Knowing the Industry / Company
– Possible Role / Involvement of Crown
Degree of Consultation Required – Strength of claim
– Legal tests and adverse impacts
2. Regulatory Process and
Negotiating Framework (cont.)
Accommodation – Avoidance of impacts
– Minimizing or mitigations of impacts
– Compensation for impacts
Any internal First Nation Consultation and Accommodation Protocols
Environmental Assessments
– Critical to understand the EIA frameworks
– Federal – Now in major legislative changes
– Provincial EIA – Will become more used
– Key focuses of EIA – Information required
– Critical issue of timing EIA Hearings and negotiation of IBA’s – Strategies to address
2. Regulatory Process and Negotiating
Framework – Key Team Issues
Key Role – Lead Negotiator / Project Manager
Active Engagement – Chief and Council
– More than one Community – First Nation Leader’s Council
Extensive Legal Implications – Legal Counsel
Lead Project Team Member – Coordinating all Regulatory specific needs
– Environmental / Scientific knowledge
– Scio-Economic Data
– Traditional and Cultural – Strength of Claim
– Impact and Avoidance
– Industry knowledge – Aiding impact negotiations
Community Coordination – Actively involve and inform
Media / Public Relations
Key Record and Data Keeper – Being thorough
3. IBA Negotiations
Develop all of the Communities negotiation strategies – What to achieve
Keeping Community Members engaged throughout the negotiation process
Full preparation on all legal aspects of IBA
Quarterbacking for all negotiations – The Team
Clearly understanding the community, governance, traditions, economics and social structures
– Every community is different
– How the roles of Aboriginals and Non-Aboriginals are structured will depend upon many factors
Ensuring all needed information is obtained
Possible use of earlier Agreement, MOU’s, Letter of Intent
3. IBA Negotiations – Key Team
Issues
Structuring the Negotiations – Lead Negotiator
– Legal Counsel
– Support Negotiating Team – Working together
– One size does not fit all
Involving Chiefs and Council – Reserving decision-making and involving leaders
– Multiple community negotiations
– Oversight committee
Key Staff and Team Members:
– Land use and community planner
– Land claims and land department
– Cultural, Archeological and Traditional Knowledge
– Record Keeper – Information management
– Budget and Finance – Managing the finances
– Researchers
– Involving Elders, youth and community
– Public Relations and media oversight – Communication with Members
4. IBA Implementation
“Be careful of what you negotiate for…..unless you are fully prepared to implement”
“Without a well structured and properly implemented Implementation Strategy, all the work negotiating and
achieving the IBA could be lost”
4. IBA Implementation
Need for detailed planning, strategic plan and First Nation resources to implement IBA
– This process best done parallel to IBA negotiations – Clearly defined goals and outcomes in the IBA Agreement needed – Key Team issues to maximize and achieve full benefits of IBA – Must have sufficient funding provided for proper implementation – Must be the major focus of IBA process….often overlooked….taken
for granted
Relationship with Company / Proponent will continue – How to structure joint ongoing management of agreements – Oversight and Implementations Committees….ongoing monitoring – Real ongoing working relationships is just beginning….continue to
engage….long term – Need to develop good ongoing communication between the parties – Ongoing review….be able to implement changes to IBA as needed
4. IBA Implementation (cont.)
Possible use of Community Trusts – Systems for funds management
Need to develop First Nation systems and focuses in IBA Implementation on:
– Building First Nation capacity around Implementation
– Ongoing project monitoring systems
– Participation in Implementation Committee
– Establishing reporting procedures – Engagement with Community Members
– Training Programs – Systems and possible outside partners
– Employment opportunities – How to maximize opportunities
– Seizing business opportunities arising from the project
– Revenue Sharing – Proper systems to measure
– Ownership and equity participation
Resources and References
• First Nations Environmental Assessment Toolkit - www.fneatwg.org
• IBA Community Toolkit - www.ibacommunitytoolkit.ca
• www.impactandbenefit.com
Benefit Sharing Agreements In British Columbia:
A Guide For First Nations, Businesses, And
Governments
Prepared by Woodward & Company for the Ecosystem-Based Management Working
Group
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