Aboriginal Joint Ventures: Top Ten Tips LSUC-OBA Aboriginal Economic Development Program: Developing...
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Aboriginal Joint Ventures: Top Ten Tips LSUC-OBA Aboriginal Economic Development Program: Developing Aboriginal Cooperatives and Consortiums, June 20, 2012 Timothy J. Murphy Chief Marketing Partner [email protected]
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Transcript of Aboriginal Joint Ventures: Top Ten Tips LSUC-OBA Aboriginal Economic Development Program: Developing...
Aboriginal Joint Ventures: Top Ten Tips LSUC-OBA Aboriginal Economic Development Program: Developing Aboriginal Cooperatives and Consortiums, June 20, 2012
Timothy J. Murphy
Chief Marketing Partner
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Top Ten Tips
1. Understand the Legal Underpinning:1) Capacity – “persons” and “unincorporated associations” (Man.
vs. Alta.)
2) Creating binding contracts1) Band Council resolutions
2) No “indoor management” rule
3) Doing business on reserves1) An agreement which permits a non-band member to use or occupy a
reserve is void unless a Ministerial permit is issued.
4) Enforcement of Remedies1) Cannot charge, attach, seize etc assets “on a reserve”
Top Ten Tips – Cont’d
2. Economic Development is Stage 31. Capacity Building and Planning come first
3. Process Matters1. Leave time
2. Negotiations style – consultative vs. adversarial/relational
4. Aboriginal Values Need to be Respected1. Kinds of Projects:
1. Socially responsible
2. Environmentally sustainable
3. Economically viable
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Top Ten Tips Cont’d
5. Long Term Considerations Matter1. Seven Generation Principle
2. Remediation obligations
3. Historical grievances
6. The First Nation as Government and as Business1. Trying to keep them separate
1. Government authority on reserve
2. Paramountcy
3. Contracting
2. Keep an eye on politics
3. Referendum or Council Approval?
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Top Ten Tips – Cont’d
7. True Partnership for Success1. Sharing:
1. Authority
2. Investment
3. Responsibility
4. Engagement
5. Information
6. Problems (Role of Council, Chief, Elders in the Community)
8. Understand the Resources Available1. Federal and Provincial capacity, funding, cost sharing, loan
programs
2. Lending programs (Banks)
3. Participation Agreements
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Top Ten Tips Cont’d
9. Contracting with Aboriginal Businesses1. Know what works – from unbundling large contracts to a First
Nation GC;
2. Fairness in contracting (information flow)
3. Union halls
4. Bonding/security (project finance)
5. Domestic content requirements in FIT Contracts
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Top Ten Tips (Cont’d)
10. Aboriginal Values (Part 2)1. Relationships matter
2. Respect for Elders and community
3. Collective vs. individual rights and approach
4. Process vs. time
5. Sustainability
6. Short term benefits and long term improvement (distributions and jobs now and training and capacity later)
7. Respect for jurisdiction
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