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Economic Negotiations Tamara Napoleon & Merle Alexander First Nation LNG Summit Treaty 8 Territories, Fort St. John, BC. Intersection between G2G & IBA negotiations and the need for First Nation-Contractors Collaborative Business Ventures. Outline. LNG Timelines Generally

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Economic NegotiationsTamara Napoleon & Merle AlexanderFirst Nation LNG SummitTreaty 8 Territories, Fort St. John, BC

Intersection between G2G & IBA negotiations and the need for First Nation-Contractors Collaborative Business Ventures

outline
Outline
  • LNG Timelines Generally
  • G2G – Government to Government
  • IBA – Impact Benefits Agreements
  • CV – Collaborative Ventures
  • Critical Timelines to Maximize First Nations’ leverage
  • Collaborating to Maximize IBA Opportunities
  • How to Make Contracting Opportunities Meaningful
  • Options to Maximize Contract Opportunities
  • How to Ensure Sustainable Development
  • Is Monitoring and Enforcement Required
  • What do Proponents want from CVs
  • How to Meet the Needs of the Nation and the Proponent
  • Sustaining Momentum
  • What are the Challenges Facing CVs
  • Strategies to Reach CVs
lng timelines
LNG Timelines

Feb. 2014

Feb. 2014

Feb. 2014

Feb. 2015

Feb. 2015

Feb. 2015

G2G

IBA

CV

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G2G

Feb. 2014

Feb. 2015

Contribution Funding Agreement

Framework Agreement

LNG Reconciliation Agreement

  • Minimal DTC fulfilled = First Nation leverage increasing
  • Added value for downstream, midstream and upstream First Nations’ coordination
  • Revenue Sharing of LNG Tax critical, but will take joint First Nations solidarity
  • Requirement that Contractors have material Aboriginal content in procurement & bidding critical

G2G

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IBA

Feb. 2014

Feb. 2015

Traditional Knowledge Protocol

Letter Agreement

Memorandum of Understanding

Project Agreement

  • Proponents want support through negotiated agreements
  • First Nation leverage at maximum before EA completes
  • Negotiate for first preference on all contracting opps.
  • Negotiate capacity/skills training funds
  • Negotiate for Aboriginal hiring and business subcontracting as a “material term” of all contracts

IBA

collaborative ventures
Collaborative Ventures

Feb. 2014

Feb. 2015

Letter of Intent

Business

Framework

Agreement

Limited Partnership Agreement &

Management Agreement

  • First Nation-Contract collaborative ventures treated secondary in negotiations and often left out
  • Critical to run contractor negotiations in parallel
  • Task Economic Development Officer with negotiations

CV

critical timelines
Critical Timelines

Critical Leverage Point

G2G

Feb. 2014

Feb. 2015

CFA

FA

LNG RA

IBA

TKP

LA

MOU

PA

CV

LOI

LP

BFA

how to make contracting opportunities meaningful
How to Make Contracting Opportunities Meaningful?

Conduct due diligence on existing First Nation businesses and entrepreneurs

Determine an inclusive and flexible definition of “First Nation Business”

Accommodate operating challenges

Capacity development to participate more broadly

Tax planning

collaborating to maximize iba opportunities
Collaborating to Maximize IBA Opportunities

Popular forms - joint ventures, partnerships and alliances

Can be set up alongside and integrated into IBA

Industry gains preferential access to major contracts

Assist to fulfill project proponents’ obligations to consult and accommodate

Fosters capacity building for First Nation businesses and citizens

options to maximize contract opportunities
Options to Maximize Contract Opportunities

Direct award contracts

First preference processes

Open book negotiations

Appropriate tendering criteria (eg bonding)

Define role of primary contractor

Size contracts to allow participation

Business development assistance

how to ensure sustainable employment
How to Ensure Sustainable Employment?

Facilitate training opportunities – transferable education and skills

Fixed targets or quotas

Human resource inventory and strategy

First Nation hire as material term of contracts awarded

is monitoring and enforcement required
Is Monitoring and Enforcement Required?

Yes – critical element to ensure IBA commitments are realized

Role of advisory/implementation committee members

Periodic reviews

Project liaisons

Dispute resolution mechanisms

Employment and business inventories

what do proponents want from collaborative ventures
What do Proponents want from Collaborative Ventures?

Local and skilled suppliers/employees

Contractors to share risks & profits

Return on investment

Market credibility

Project approvals

A “social licence” to operate

how to meet the needs of the nation and the proponent
How to Meet the Needs of the Nation and the Proponent?
  • Due diligence on the project and the Nation
  • Identify inclusive and flexible scope for the businesses who will participate
  • Plan to accommodate operational change:
    • Stepped/phased approach
    • Re-openers
    • Monitoring
sustaining momentum
Sustaining Momentum

Monitoring performance

Reporting out

Branch out to new projects/areas

Conduct periodic reviews to assess what’s working

Set targets

Retain project liaisons for continuous communication

Tailor dispute resolution processes to manage conflict efficiently and effectively

Ensure employment and business inventories are compiled and current

Provide adequate resources for implementation

what are the challenges facing collaborative ventures
What are the Challenges Facing Collaborative Ventures?

Ensure all parties are informed throughout negotiation and execution

Exercise due diligence prior to negotiating management fee’s

Consider exclusivity carefully

Balance certainty and flexibility in drafting termination clauses

strategies to reach collaborative ventures
Strategies to Reach Collaborative Ventures

Clear understanding of goals and objectives

Demonstrated business skills and capacity

Credibility

Listening to the signals

Flexibility as the project changes

Pilot projects or stepped commitments

Understanding the deal

Understanding the risk/reward relationship

Solid business partners

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Tamara Napoleon

Tel: 604-891-2288

Email: tamara.olding@gowlings.com

Merle Alexander

Tel: 604-891-2271

Email: merle.alexander@gowlings.com