Mineral Exploration

Mineral Exploration: Frequently Asked Questions

How does Thadu Consulting support companies in mineral exploration?

We guide companies in engaging respectfully with Indigenous nations, ensuring that exploration activities align with Indigenous governance, land rights, and environmental values. Our expertise helps companies secure agreements, foster trust, and navigate regulatory processes to ensure responsible exploration. Chad Norman Day has negotiated, executed and implemented multiple communication and exploration agreements with over 60+ mineral exploration and mining companies.

What’s an essential initiative the mining industry should aim to achieve prior to mineral exploration activities taking place in Indigenous territories?

A proactive and cautious mineral exploration company will aim to build a meaningful and mutually beneficial relationship with Indigenous people prior to beginning mineral exploration activities which impact the land. Regardless of whether or not an indigenous community and/or government supports a particular company or mineral exploration, the two parties should formalize how to communicate with each other, often via a communications agreement. Such agreements can be very simple or more robust with several deliverables on both sides.

What are some essential aspects of a good communications agreement?

Communication agreements should provide answers to the following questions:

How and when will the company communicate with the community and/or government and/or other key entities amongst the Indigenous group in question?

Who is the primary contact from the Indigenous group for each of the government(s) and/or entities which the company should be communicating with, and what should the company do if there is no response?

How will the company communicate employment and business opportunities with the impacted Indigenous group?

How will any potential conflicts or issues between the company and Indigenous group be discussed if they arise?

What additional processes or steps should be in place if an issue cannot be resolved in a timely fashion?

What deliverables will be in place by the company and/or Indigenous peoples and what process should be followed if these deliverables are delayed or not met as stated in the agreement?

If certain deliverables are included in the agreement, such as a local job fair to build relationships and potentially hire local employees and contractors, who will be responsible to plan and pay for the event, and when will this take place from year to year?

Does the agreement need to be renegotiated and re-signed each year, or does it automatically renew from year to year?

If either party wants to end the agreement, what process should be followed in doing this?

What kind of information does each party expect to be shared with each other, and are there important timelines associated with each kind of information?

Will either party make commitments to assist in communication with other stakeholders? (For example, both parties may want to communicate collectively with the provincial or territorial government in regards to certain issues, such as permits, road access, issues with other land users etc.)

Other Suggestions

Ensure the company communicates before and after the mineral exploration season at times which make sense depending on the Indigenous group’s priorities and goals

An Indigenous group should be welcomed to visit the exploration site to better understand the ongoing impacts and potential future impacts the company may have on the surrounding ecosystem

Depending on the kind of mineral exploration activities taking place, the company may want to pursue an exploration agreement with the impacted Indigenous group(s) as well

What are some essential aspects of a modern-day exploration agreement with Indigenous peoples?

Exploration agreement complexity will heavily depend on the capacity of the Indigenous group, the communication and relationship between the Indigenous group and the company, and the Indigenous group’s priorities. In some cases, mineral exploration groups may be better off to assist the Indigenous group to build up their internal capacity to more fully participate, rather than moving forward and risking backlash later on. This is where it’s important to seek expert advice from people who have successfully navigated challenges with Indigenous peoples and the mining industry, as well as understand the local and historical dynamics within the impacted Indigenous people(s) and the surrounding area.

At the very least, Indigenous groups with exploration agreements should have clear provisions for how often they will visit the exploration site, how they may participate and/or oversee any mineral exploration activities, and how the company should handle sensitive cultural findings or issues as they arise (ie. Finding artifacts, dealing with sacred sites or animals etc.).

How should a mineral exploration company handle situations where multiple Indigenous groups, or multiple governments amongst an Indigenous group, want to sign separate agreements on the same project?

Every situation is going to be different and it depends on the relationship between the Indigenous group(s) and/or the multiple governments and/or entities amongst a particular group. This is where doing your research as a company ahead of time and building a relationship with the impacted Indigenous people(s) is crucial. Accidental missteps by the company could cause animosity and distrust which may take years to overcome, not to mention hurt the company publicly depending on how the Indigenous people(s) may choose to retaliate.

Thadu Consulting Corporation

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