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1
Collaborative Mining Development: Lessons
from Canada
Dr. Thomas GuntonDirector of Resource & Environmental
Planning ProgramSimon Fraser University
WWW.CIRDI.CA
a coalition of
The University of British Columbia
Simon Fraser University
École Polytechnique de Montréal
With financial support of the Government of Canada through Department
of Foreign Affairs, Trade and Development
Outline
1. Mining Industry in Canada
2. Approval Process
3. Impact Benefit Agreements
4. Two Case Studies
5. Lessons from Canada
2
Mining in Canada
o 800 mines
o 20% of exports
o 400,000 employment
o $ 50 billion
o 40% of world mining development
Mining Significant
Approval Process
Legal License by government
Social License by community
3
Legal License
Environmental Impact Assessment Approval1. Are there significant adverse effects
No: Project ApprovedYes: go to step 2
2. Can they be JustifiedYes: Project Approved (conditions)No: Project Rejected
Decision Maker: Government based on recommendations from Scientific Panel
4
Legal/Social License
1. Aboriginal Title Exists
no development without Aboriginal approval unless “compelling national interest” (Supreme Court of Canada 2014)
2. Aboriginal Title Claimed (not proven)
developer must consult and accommodate needs of First Nations (Supreme Court of Canada 2014)
Social License
No legal requirement
Support necessary for project success and approval
5
Impact Benefit Agreements
o Mechanism for Achieving Aboriginal Approval
o IBA is a contract between mining company and Aboriginal Community that gives Aboriginal consent subject to company commitments
o Currently 200+ agreements in Canada
Steps in IBA
1. Notification of Interest in Development
2. Submission of Project Description
3. Community Review of Project
4. Decision (reject, defer, negotiate IBA)
5. Interim Agreement for Negotiation
6. Community Capacity Building (funding etc)
7. Negotiate IBA
8. Implement IBA
6
IBA Components
Type of Support
1. Business Support
2. Financial Payments
3. Social Infrastructure
4. Employment/Training
5. Environmental
6. Joint Monitoring
7. Enforcement
How
Purchasing/seed capital
royalties
funds
Targets % of employment
regulations
Committee Reports
penalties
IBA ComponentsType of Support How
Business Support Purchasing/seed capital
Financial Payments royalties
Social Infrastructure funds
Employment/Training Targets % of employment
Environmental Mitigation regulations
Joint Monitoring Committee Reports
Enforcement penalties
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Case Study: Diavik Diamond Mine
Project Overview
Rio Tinto
1992 exploration
2001 construction
2003 operation
1100 employees
$100 million in diamond production
remote location in Northern Canada
Diavik Diamond Mine
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Diavik Diamond Mine Joint Management
o Socio/Economic Monitoring Agreement
o Environmental Monitoring Agreement
o Aboriginal Partnership Agreement
o Creation of Joint Management Boards (Aboriginal, Company, Government) to Oversee Project Development
Diavik Diamond Mine IBA
Employment/Training 50% Regional
25% Aboriginal
Business Development 25% Aboriginal
Community Support $ 5 mill/year
Environmental Mitigation (wind)
9
Case Study: Prosperity Mine
Project Overview
Owner: Taseko Mines
Type: Copper Mine
Cost: $1 billion
Employment: 400 direct, 1100 total
Proposed Prosperity Mine
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Prosperity Mine Process: EIA
1. Submits Application: 20082. BC Approves 2010
Significant adverse effects justified by benefits
3. Canada rejects 2010Significant adverse effects to Aboriginal and wildlife
4. Company submits revised project 20125. Canada rejects 2013
Still significant adverse effects to aboriginal and wildlife
6. Company takes government to court 2013
Summary
Diavik Mine
o Collaboration
o Negotiates IBA
o Project is Success
o Free, prior, informed consent
Model of how to develop mine
Prosperity Mine
o No Collaboration
o No IBA
o Project Rejected
Model of how not to develop mining
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Collaboration
Aboriginal Protest
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Keys to Success
1. Aboriginal Capacity/Unity2. Developed IBA framework
Legislation, policy
3. Commitment of all parties4. Clear objectives/targets
% hiring vs “best efforts
5. Strong Aboriginal Legal Rights6. Joint Management Committees7. Regular Public Monitoring8. Penalties and Dispute Resolution
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