Doing Business in Canada (11th edition)

such communities as to consultation protocols may be advisable. In addition, IBAs are often a useful tool to achieve a cooperative working relationship with the affected Indigenous communities.

CLIMATE AND SUSTAINABILITY DISCLOSURE

For a discussion of current initiatives to require enhanced disclosure by public companies of environmental and climate change risks affecting their businesses and the steps being taken by them to address such problems (often referred to as “ESG” or sustainability disclosure), see the Corporate Governance chapter of this guide.

While the common law legal duty to consult with or accommodate Indigenous people rests solely on governments, private sector proponents generally play an important role in the Indigenous consultation process. For example, private sector proponents often help fund Indigenous participation in the consultation process and enter into impact and benefit agreements to facilitate Indigenous accommodation.

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Doing Business in Canada

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