Community benefit agreements (CBAs) negotiated in Canada are legally binding through contract law and set out obligations for project developers and local communities.
Also referred to as impact and benefit agreements, CBAs are common resource governance tools that are negotiated across the globe between private project developers and local, often Indigenous, communities whose land must be accessed or disturbed for major extractive resource projects.
According to the literature, CBAs have the potential to help facilitate economic and social development of Indigenous and non-Indigenous communities by providing revenue benefits, employment and training opportunities, contracting opportunities for local businesses, new community infrastructure, and impact mitigation measures.
Although CBAs are only legally required in certain regions in northern Canada in accordance with lands claim agreements, CBAs are negotiated for virtually every major extractive resource project developed in Canada and are becoming increasingly common all around the world.
Some attribute the prevalence of CBAs to private developers recognizing the right of communities to free, prior, and informed consent (FPIC) as affirmed by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) while others attribute the prevalence of CBAs to project developers managing social risk and attempting to satisfy consultation and accommodation requirements to obtain approval.
While this paper's case focus is on the Canadian North, the authors hope that the theoretically-informed study finds resonance with other jurisdictions host to CBAs.
Authors: Cameron Gunton, Eric Werker, Mark A. Moore and Sean Markey, Simon Fraser University, Canada
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Thanks for use of the photo by Jonny Rothwell