At the federal level, legislation in Nunavut, the offshore region and part of the Northwest Territories requires oil and gas proponents to develop performance plans that maximize employment and business opportunities for northerners.17 EMIs are dynamic regulations and the type of benefits contained in these contracts have developed. Thus, prior to 2005, IBAs focused mainly on employment, training and purchasing benefits. Since 2005, IBAs have increasingly highlighted value benefits, such as royalties and direct payments12. While the main objective of the IBAs is to compensate Aboriginal communities for the negative effects of development, Aboriginal groups have negotiated a large number of benefits to facilitate their participation in the resource development sector. These benefits have continued to evolve and include not only employment opportunities and development opportunities for local businesses, but also royalties and direct payments. In addition, governments consider INAs to be evidence that Aboriginal and contractual rights have been taken into account. In the future, the popularity and use of IBAs in resource development could be influenced by new legislation requiring disclosure of IBA payments. ACCORDS are agreements that allow Aboriginal communities to ensure that their concerns are identified in relation to a project and that the impact of the project is taken into account by businesses. This means that the negative effects of a project can be offset in order to reconcile the competing interests of the Community and the company. The EA IBA is the time when the indigenous community will have the most information about the project and its implications. This information can be used to develop better mitigation measures within the IBA. However, the community will have less influence at that time, since the project has obtained the necessary approvals. However, if the Community participates fully in the EA process, it will be able to raise its concerns with the regulatory authorities and possibly influence the protection measures imposed on the project.
Kaitlin Ritchie, « Issues associated with the implementation of the duty to consult and accommodate acofaten peoples: threatening the goals of reconciliation and meaningful consultation, » (2013) 46 U.B.C L. Rev. 397, 425. The need for a Cumulative Impact Assessment (AEC) was highlighted by several researchers and identified as a « gap » that required much research.