Understanding the need for supraregulatory agreements in the environmental assessment: An evaluation from the Northwest Territories, Canada

Conventional environmental assessment (EA) is often considered the best approach for reducing negative outcomes associated with resource developments, though some critics remain sceptical of its fairness and effectiveness. In northern Canada, supraregulatory agreements, such as Impact and Benefits Agreements, are increasingly being used alongside EA for mineral developments. This thesis seeks to uncover the rationale for using these agreements among aboriginal and government stakeholders. Examining a case in the Mackenzie Valley, Northwest Territories, where these agreements have been used for three diamond mines, this research finds that supraregulatory agreements are a function of a number of deficiencies identified in EA process and design. Specifically, aboriginal and government stakeholders understand that EA does not consider benefits, employ adequate project-specific follow-up, and garner adequate trust or capacity amongst stakeholders. Recognizing this shortfall, these groups wish to negotiate supraregulatory agreements with companies to secure better outcomes where EA has traditionally failed.