Review Methodology

Systematic Literature Review

The review involved a qualitative desk study of available research on the topic of BAs over the past two decades. The study followed guidance by Petticrew and Roberts (2006) on how to conduct systematic literature reviews, with some adjustments such as the inclusion of grey literature, in addition to peer-reviewed sources.

Research for this report was greatly aided through access to a research database initially compiled by Ayan Aman (2020) for a systematic literature review on BAs, and currently under refinement in collaboration with Dr. Priya Bala-Miller and Dr. Jocelyn Fraser. The original database was compiled using the first four steps (adapted from Aman, 2020, 10-11), while step 5 involved a customized review based on the parameters requested by the FNLNGA.

STEP 1: Keyword query

Three databases (Web of Science, UBC Library Catalogue, Google Scholar) were used to identify the universe of relevant studies related to BAs as they are referred to in the literature via the terms: Community-Benefit Agreement (CBA), Impact-Benefit Agreement (IBA), Indigenous Agreement (IA), Community-Development Agreement (CDA) and Benefit Sharing Agreement (BSA). This step used search queries paired with an automated refinement of the results through filters.

STEP 2: Assessment for relevance

Once the results were queried, the initial selection of 794 documents were manually reviewed for relevance. The papers were downloaded from a quick read of directly suggestive titles, with the assumption that, “Community Benefit Agreement” or related search terms would be mentioned if this was the primary focus of the study in question. Moreover, each source was rapidly reviewed to determine the study’s thematic focus. At the end of this process,
109 pieces of literature were selected for detailed indexing.

STEP 3: Database catalogue

Each item was then catalogued based on the details below: Unique Identifier Metadata (Title, Author, Year) Annotated Bibliography (Citation, Abstract) Location Literature Type (Article, Guide, Book Chapter) Agreement Type (Community Benefit Agreement, Impact and Benefit Agreement, Indigenous Agreement, Land Use Agreement, Community Development Agreement, Benefit Sharing Agreement) Sector Natural Resource Development, Infrastructure Development.

STEP 4: Review against inclusion/exclusion criteria

For each indexed item, the abstract was reviewed to determine the document’s focus. If there was any ambiguity, the full document was reviewed. By the end of this stage, 60 pieces of literature were chosen to be reviewed in depth if they were exclusively focused on the issue of BAs, were relevant to natural resources sectors, the full text was available in English and the publication date fell between 1990-2020.

STEP 5: Customization based on client criteria

Following guidance from the FNLNGA, the corpus was then further narrowed to focus on literature and cases that were drawn from or applied to the Canadian context. Based on this additional criterion, 20 sources were excluded because they were specific to other locales.2 Three additional sources from 2020-21 that were missed in the original database screening were added to make a total of 43 academic studies, practice notes, sourcebooks and toolkits reviewed. Of these only one study covered a BA for the LNG Sector in Australia (O’Faircheallaigh, 2020), while the rest of the work reviewed predominantly focused on agreements in the mining sector.

Abbreviations

AEM – Agnico Eagle Mines Limited

ASDF – Ahafo Sustainable Development Forum

AWBEN – Aboriginal Women’s Business Entrepreneurship Network

BA – Benefit Agreement BC British Columbia

BCFNDGI – BC First Nations Data Governance Initiative

BMZ German Federal Ministry for Economic Cooperation and Development

BNL – Barrick Niugini Limited

BSA – Benefit Sharing Agreement

CBA – Community Benefit Agreement

CDA – Community Development Agreement

CIRNAC – Crown-Indigenous Relations and Northern Affairs Canada

DIO – Designated Inuit Organizations

EIA – Environmental Impact Assessment

EMB – Environmental Management Board

EWB-MSV – Engineers Without Borders Canada - Mining Shared Value Initiative

FNFTA – First Nations Financial Transparency Act

FNLNGA – First Nations Liquefied Natural Gas Alliance

FNNBOA – First Nations National Building Officer’s Association

FPIC – Free, Prior and Informed Consent

GIZ – German Development Agency

HIA – Health Impact Assessment

IA – Impact Assessment

IBA – Impact Benefit Agreement

ICMM – International Council on Mining and Metals

IFC – International Finance Corporation

IFI – International Financial Institution

IIBA – Innuit Impact Benefit Agreement

INAC – Indigenous and Northern Affairs Canada

IOL – Inuit-Owned Lands

ISC – Indigenous Services Canada

KitIA – Kitikmeot Inuit Association

KivIA – Kivalliq Inuit Association

KLC – Kimberley Land Council

LIA – Labrador Innuit Association

LLG – Local Level Government

LNG – Liquefied Natural Gas

M&E – Monitoring and Evaluation

NADeF – Newmont Ahafo Development Foundation

NLC – Northern Land Council

NLCA – Nunavut Land Claims Agreement

NTI – Nunavut Tunngavik Incorporated

OSR – Own-Source Revenue

PJV – Porgera Joint Venture

PSAB – Procurement Strategy for Aboriginal Business

QIA – Qikiqtani Inuit Association

SEMC – Socio-Economic Monitoring Committee

SML – Special Mining Lease

TCS – Tax Credit Scheme

UNDRIP – United Nations Declaration on the Rights of Indigenous Peoples

Key Terms

Benefit Agreements

In this guide, the term Benefit Agreement (BA) is used as an umbrella term for agreements that vary in scope, scale, sector and types of parties to the agreement.

Depending on the emphasis, there are over 25 terms that are used to refer to the concept of benefit agreements (See Box 1). Within the literature the concept of benefit agreements (BAs) is varied and tends to be defined as a governance arrangement or as a mechanism for being a ‘good’ corporate citizen and securing a social licence to operate (Sarkar et al., 2010). Woodward & Co. and the Nanwakolas Council (2009) propose a definition that is more centred on the perspective of Indigenous Peoples:

Benefit agreements describe a written agreement that is the outcome of a consultation process about a proposed resource extraction, project or development that has the potential to impact the Aboriginal rights or interests of one or more Aboriginal groups in Canada.

Box 1: Benefit Agreements Lexicon

Accommodation Agreements

Benefits Sharing Agreements

Community Contracts

Community Development Agreements

Community Development Initiatives

Community Joint Venture Agreements

Cooperation Agreements

Development Agreements

Empowerment Agreements

Exploration Agreements

Impact Benefit Agreements

Indigenous Land Use Agreements

Interim Measures Agreements

Investment Agreements

Landowner Agreements

Market Access Agreements

Participation or Partnership Agreements

Project Support agreements

Shared Responsibilities Agreement

Social Responsibility Agreements

Social Trust Funds

Socio-economic Monitoring Agreements

Standard-setting or Certification Agreements

Indigenous

The term Indigenous is a broad term that captures First Nations, Métis and Inuit communities. It is often used now to replace Aboriginal, which is also a broad term that has been historically used to denote First Nations, Métis and Inuit, and is legally defined in section 35(2) of the Constitution Act, 1982 as follows: “In this Act, the ‘Aboriginal peoples of Canada’ includes the Indian, Inuit and Metis peoples of Canada”. The term “Indian” is a statutory term legally defined in the federal Indian Act.

For the purpose of this guide, the term Indigenous is used interchangeably with the term First Nation(s) and does not refer to Inuit or Métis. If the terms Aboriginal or Indian are used, they apply to specific policies, legislation or organizations, direct quotes from a study or publication, or the term used in a given country context.

Government /State

Reflecting language- in-use by Indigenous Peoples, the guide uses the words government and the state interchangeably. In other communities of practice and disciplines, the term “state” is understood as an organisation or political community with a defined territorial jurisdiction, with specific administrative, legislative and legal bureaucracies through which the state’s power is exercised, where as the “government ” is composed of individuals who control the state apparatus and employ the power of the state at a given time.

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