UNDRIP in BC: Business Impacts and Opportunities 2020


Course Date: January 31, 2020

Full Course Materials
Total: 6h 6min
Total Ethics: 1h 10min

Welcome and Land Acknowledgement

Overview of UNDRIP and the Declaration of the Rights of Indigenous Peoples Act

  • legislation and consultation
  • plans and reports
  • agreements

Thomas Isaac  Cassels Brock & Blackwell LLP, Vancouver
Michael McDonald, QC Clark Wilson LLP, Vancouver

Break

Energy, Oil and Gas

  • the Big Issue: "free, prior and informed consent" and "veto"
  • immediate effects of DRIPA and potential future changes
  • potential changes for oil and gas sector
  • current practices and whether they are consistent with UNDRIP

Keith B. Bergner Lawson Lundell LLP, Vancouver
Dr. Judith Kekinusuqs SayersPresident, Nuu-chah-nulth Tribal Council; Adjunct Professor, School of Business and Environmental Studies, University of Victoria, Victoria

Forestry

  • challenges to implementing DRIPA within the existing forest policy framework: what needs to change
  • still seeking certainty or predictability? DRIPA in the context of commercial and other agreements with Indigenous peoples, Indigenous governing bodies, opportunities, and due diligence
  • Wuikinuxv Nation approach and progress

Alexander Chartrand Wuikinuxv Treaty Political Negotiator, Wuikinuxv First Nation, Rivers Inlet
Angeline S.B. Nyce A. Nyce Law Corporation, West Vancouver

Mining

  • granting claims and exploration: possible changes in land use planning and impacts on exploration
  • environmental assessment and permitting new mines:  UNDRIP, free, prior and informed consent, and the new Environmental Assessment Act
  • Indigenous community and proponent agreements: early trends and possible implications for Indigenous proponent mining agreements
  • operations and oversight: new Indigenous role for project oversight and enforcement

Robin SidsworthTeck Resources Limited, Vancouver

Lunch with Featured Speaker

"DRIPA—A Significant Milestone on the Pathway to Reconciliation"
Robert Phillips, BA
  First Nations Summit & First Nations Leadership Council of BC, West Vancouver

Infrastructure and Procurement

  • infrastructure projects and procurement opportunities
  • infrastructure on-reserve, municipal type service agreements and funding
  • challenges and possible DRIPA solutions

Chief Harley Chappell Semiahmoo First Nation, Surrey
Adam Munnings
Munnings Law, West Vancouver

DRIPA and Real Estate in BC

  • how does DRIPA impact real estate?
  • Crown lands, agents and funds impacts
  • municipal boundaries and Agricultural Land Reserve decisions impacts
  • "heritage" definitions expanded?
  • deal terms impacts: reps & warranties, conditions, indemnities

Sarah W. Jones Clark Wilson LLP, Vancouver
Saul Joseph
Clark Wilson LLP, Vancouver

Break

Financing and DRIPA

  • practical issues raised by DRIPA in debt and equity financing transactions
  • representations and warranties: what needs to change?
  • disclosure: what do public companies need to say?

Sam Adkins Blake, Cassels & Graydon LLP, Vancouver
Steven McKoen, QC
Blake, Cassels & Graydon LLP, Vancouver

Implementation: Next Steps for DRIPA in BC

Michael McDonald, QC Clark Wilson LLP, Vancouver
Adam Munnings
Munnings Law, West Vancouver