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

Questions and Answers

Stó:lō Community Futures – General Manager

Thank you,

Michael Watson

Website: www.stolocf.com