Williams Lake Indian Band – Government of British Columbia – Mount Polley Mine – 2013 – Economic and Community Development Agreement

Basic information

Country

Canada

Community party

Williams Lake Indian Band

Company signatory

None

Resource(s)

Minerals

Project phase covered

Industry

Mining

National government: signatory?

No

Local government: signatory?

Yes

Was the agreement required by law?

No

Term

Agreement ends after fulfillment of the conditions in Art. 14

Date of contract signature

03/06/2013

Language

English

Location

Mt. Polley, Cariboo Region

Source: URL

Reports

OpenCorporates ID

Listings in other databases

Listing of the parent contract at ResourceContracts.org or OpenLandContracts.org

Summary of contract

  • Negotiation, representation, and other relevant context

    This economic and development agreement between the Williams Lake Indian Band (Williams Lake) and Her Majesty the Queen in right of British Columbia (British Columbia) seeks to develop an effective long-term working relationship that includes sharing mineral tax revenues from mine projects. The parties will utilize this agreement and explore other opportunities to minimize impacts to Aboriginal interests as a result of the Mount Polley mine (Preamble). The purposes of the agreement are (i) to provide project payments associated with the incremental ore production, so that Williams Lake may pursue activities that enhance the social, economic and cultural well-being of its members, and (ii) enable a consultation process that will meet the parties consultation obligations and provide an accommodation to Williams Lake in relation to potential adverse impacts of Government actions on Williams Lake’s Aboriginal interests (Art. 2). Williams Lake has the necessary approvals and enters into the agreement on behalf of all of its members. Williams Lake obtained financial, legal, tax and other professional advice with respect to the agreement (Art. 18). Williams Lake affirms that British Columbia has and will be deemed to have fulfilled any obligation of consultation and accommodation in relation to the project before the date of the agreement (Art. 11). Williams Lake agrees that the project payments constitutes a component of any accommodation that may be required for any potential adverse impacts on Wiliams Lake’s Aboriginal interests (Art. 11).

  • Governance, implementation, dispute resolution

    British Columbia will make payments to Williams Lake Indian Band (Williams Lake) 150 days after the end of the fiscal year for which the payment is calculated, providing Williams Lake complies with the agreement. British Columbia will provide Williams Lake with payment statements within 90 days after the end of each fiscal year. If British Columbia makes significant changes to the Mineral Tax Act regime, the parties may negotiate alternative mine revenue sharing opportunities. Williams Lake will establish and maintain a separate account requiring dual signatures for receiving the project payments under this agreement (Art. 3). If Williams Lake disagrees with the amount of a payment under this agreement, Williams Lake may give notice to British Columbia and upon such notice, British Columbia will review the matter and take remedial actions. If the parties still disagree they may submit any reasonable disagreement to an independent and impartial body or individual to provide a non-binding opinion (Art. 8). Williams Lake will prepare a statement of community priorities and goals over the next 3 years and will update this statement every year. Williams Lake will prepare an annual report with the projects to be found with the payments under the agreement and the expenditures made in the previous fiscal year. These documents and the financial records that Williams Lake will maintain will be published. British Columbia can request to Williams Lake to provide audited financial statements with respect to the expenditure from the payments under the agreement (Art. 9). After the signature of this agreement, the provincial agencies will consult with Williams Lake the proposed government actions that may adversely impact Williams Lake. The consultation process will be reviewed by the parties after one year or before if agreed to by the parties (Art. 10). British Columbia may suspend the payments to Williams Lake in case of material breach of its obligations according to the procedure established in Article 16 (Art. 16). Either Williams Lake or British Columbia may give written notice of a dispute to the other party. The parties will attempt to resolve the dispute through informal collaborative negotiation. If the parties are unable to resolve the dispute, any party may deliver the other a written notice requiring commencement of mediation conducted by one mediator appointed by the parties. If the parties are unable to resolve the dispute through mediation, the dispute will be resolved by an arbitrator appointed by the parties. The parties will each bear the costs of their participation in the mediation and arbitration and will share equally all common costs of mediation and arbitration (Art. 19). Appendix D details the information that has to be provided by British Columbia to the Williams Lake for the consultation process and the steps to conduct the consultation (Appendix D).

  • Fiscal obligations: content

    Williams Lake Indian Band (Williams Lake) is entitled to receive for each mine fiscal year 18.5% of incremental mineral tax revenue, which is the net mineral tax revenue attributable to incremental ore production calculated in accordance with the agreement. Schedule 1 sets the calculation and timing of project payments (Art. 3 and Schedule 1).

  • Community development obligations: Infrastructure and social services

    The payments that British Columbia deposit in the account established by the Williams Lake Indian Band (Williams Lake) can be used for initiatives that enhance the socio-economic well-being of its members, including education, culture, housing, infrastructure, health, economic development and governance capacity (Art. 5).

  • Transparency or confidentiality

    Williams Lake Indian Band (Williams Lake) and British Columbia will keep confidential information that the other party marks as confidential including payment statements and information that relates to tax payment by the company (Art. 6). Williams Lake will have the right to disclose the amount of a project payment to its members each year (Art. 6). The mediation and arbitration processes used in case of disputes are confidential (Art. 19).

  • Reference to investor-state contract

    Mount Polley Mine project, which is subject to mining leases detailed in Article 1 and Appendix A of the agreement.