(a) the development of other mineral deposits in the ownership area
If Company R intends to deal with other mineral deposits in the claimed mineral rights area, Company R shall, at its own expense, conduct environmental assessment for such new development before carrying out new development, and then report the assessment results to all local ethnic groups.
In addition, according to the results of the proposed environmental impact study or environmental assessment, Company R shall prepare the environmental impact, protection measures, monitoring plan and the summary of the residual impact of the new project in the form of annexes according to the four standards of impact degree, impact scope, impact time and possibility of occurrence, and start consultations with local ethnic groups; Once the parties to the agreement agree and implement it, it will become an annex to this agreement and become a part of this agreement as an annex to the new project.
If the new project does not have appropriate protective measures or some measures that affect it to a certain extent are eliminated and reduced, to the extent acceptable to all parties to the agreement and currently foreseen in the annex, then all parties to the agreement will negotiate other measures that satisfy all parties, including compensation measures.
(2) Environmental protection and related measures
The General Stakeholder Agreement not only requires mining enterprises to submit environmental impact reports, but also explains other requirements, including: foreseeable impact, impact degree, protective measures, detection measures, additional or other protective measures, technical improvement, etc.
Taking minerals as an example, the specific contents are as follows:
(1) Expected impact. The expected impact on mineral projects, the reasons and importance of the residual impact after the implementation of protective measures are attached to the agreement in the form of annexes.
(2) The influence degree is significant. According to the agreement, although experts have assessed the importance of most residual impacts, the assessment of importance and the assessment criteria adopted are actually subjective. The residual impact after implementation due to the failure to conduct a more in-depth analysis of the environmental impact study needs to be explained from other foreseeable impacts and major impacts, and summarized in the environmental impact study report in the form of an annex. The report should be determined according to the evaluation made by experts according to the four standards of R company (impact degree, impact scope, impact time and possibility of occurrence).
(3) Test measures. In evaluating the effectiveness of the protective measures implemented by R Company and the significance of the residual impact after the implementation of the protective measures, the results of the special testing work carried out shall be reported to the Mineral Project Committee in time. If the activities of mineral projects are temporarily suspended, R Company shall conduct environmental tests according to the established test scope and frequency. According to the requirements of environmental protection, waste treatment activities and on-site inspections should be continued in and around mineral projects.
(4) Additional or other protective measures. If the mineral project has an impact on the environment that is not mentioned in the annex, then R company should implement additional protective measures to eliminate and reduce this unexpected impact to a certain extent, so as to make it acceptable to all parties to the agreement. If there are no appropriate protective measures to reduce the impact to a certain extent, which can be accepted by all parties to the agreement (as the case may be), then all parties to the agreement will negotiate other satisfactory measures, including compensation measures. If the parties to the agreement cannot reach an agreement on protective measures or other measures, then arbitration procedures will be adopted to solve the dispute.
(5) technical improvement. If better or more effective protection and detection measures with equivalent functions are developed in the future, R Company can take better measures after consulting with the Mineral Project Committee.
(3) Training and employment of local minority residents
The contents of employment and training in the mineral project agreement include: objectives, employment objectives, initial recruitment, training, recruitment, employment, employment support system, human resources task evaluation, annual meeting, employment arrangement plan made in response to the permanent closure of the project, and shareholders/liaison officers.
1. Training
(1) Training requirements. The parties to the agreement acknowledge that in order to make the number of local minority beneficiaries meet the maximum demand for jobs in mineral projects, on-site and off-site training for local minority beneficiaries is very important. Therefore, Company R shall immediately implement the contents of this chapter in this agreement, and Company R shall ensure that the beneficiaries of local ethnic minorities receive appropriate training so that they can become experienced core employees.
(2) Cooperation with local government and local education bureau. Company R should work closely with the local government and local education bureau to establish a training plan for local minority beneficiaries, with the main goal of training as many local minority beneficiaries as possible to meet the needs of different types of jobs in local mineral projects.
(3) On-site training. Company R should negotiate with local government and local education bureau to establish on-site training plan for local minority beneficiaries, so as to make as many local minority beneficiaries move towards skilled management and technical posts as possible.
(4) Training is generated as a formal employee. Company R shall make every effort to make at least five local minority beneficiaries who receive on-site training become regular employees (non-interns) during the operation period.
(5) Other on-site training plans. Company R shall negotiate with the Mineral Project Committee to establish the following training programs to meet the requirements of all parties to the agreement: cross-cultural training; Succession plan; Developing and training teachers; Promotion and intern support program.
(6) Briefing plan. Company R shall, in consultation with the local education bureau, formulate an information/briefing plan for local high school students on employment opportunities in mining and mineral projects. Representatives of Company R should carry out relevant activities in local middle schools and visit mineral projects on the spot with the consent of Company R and the local education bureau.
2. Recruitment
(1) Human resources cooperation. Company R should cooperate closely with the local government, which will be responsible for developing the human resources in this area and recruiting local minority beneficiaries in the location of mineral projects.
(2) Recruitment is preferred. Company R should recruit qualified candidates in a certain order to meet the needs of all positions.
(3) Recruit personnel who have completed the training plan. Company R should give priority to recruiting those employees who have successfully completed the training as permanent employees.
(4) Give priority to recruiting contractors of R company. Company R shall require its contractors and their subcontractors to recruit qualified local minority beneficiaries and personnel who have successfully completed the above training plan in the priority recruitment order during the period when the contractor's engineering requirements and positions correspond. Company R shall supervise its contractors' compliance with the terms and conditions.
(5) Participation requirements. Requirements (education level, language requirements, experience and attitude) of various jobs in mineral projects and the adjustment of such requirements are decided by R Company in consultation with the local government and local education bureau. Work attitude and/or previous work experience should be able to replace educational requirements, and candidates of local ethnic beneficiaries should be treated according to specific circumstances.
(6) language. The two sides of the agreement acknowledge that only a few local minority beneficiaries can skillfully use three languages: local minority language, English and French, and the number of jobs suitable for monolingual local minority beneficiaries in mineral projects is limited. However, for jobs that do not require second language ability, not being able to use a second language should not be an obstacle to the employment of local ethnic beneficiaries. Company R should assist local monolingual beneficiaries to participate in mineral projects and improve their employment opportunities through appropriate language training programs. According to the needs of work and safety, the beneficiaries of monolingual local ethnic minorities should not be restricted in improving their working ability. All signs, announcements and notices on the site of mineral projects shall be in local national languages.
(7) Integrate local minority employees to participate in mining business. Beneficiaries of local ethnic minorities recruited by R Company, its contractors and subcontractors during the development stage and climate-free projects should be integrated into the mining business of mineral projects or the above-mentioned training programs at any time, regardless of whether the positions are practical or not.
Step 3 hire
(1) workplace evaluation criteria. All employees on the mining project site have the same working environment, code of conduct and evaluation standards, all of which should be explained to all employees by providing written documents in three languages at the beginning of employment.
(2) Working hours. The staff of the mineral project will adopt a rotation system: work for two weeks and rest for two weeks. However, if the number of working weeks increases by more than two weeks, R Company shall provide employees of local minority beneficiaries with any one-week rest time.
(3) layoffs. All layoffs in mineral projects are implemented by R company according to the following standards: hiring local minority beneficiaries takes precedence over seniority, cost saving factors and seniority, unless non-local minority residents need to maintain a group of experienced employees during the period of low production and when full production needs to be resumed. In this case, Company R should negotiate with the Mineral Project Committee on maintaining staff or reducing staff.
(4) Resign. Company R should not provide suitable notice of resignation for those who voluntarily quit in mineral projects (instead of being fired for some reason or leaving without proper notice), and then any local ethnic beneficiaries who wish to return to work in mineral projects should not have any resistance or discrimination. The re-employment of any such local ethnic beneficiaries should be decided according to the needs of existing jobs and job vacancies.
(5) Employment and training of local minority residents. Company R shall hire and train two local minority beneficiaries as employment and training officials for local minority residents. They will work across classes and, together with other managers, be responsible for the employment, training and briefing of all local minority workers. The employment and training officials of the two local minority residents should work closely with the local government to determine the candidates for mineral projects.
(6) The contact between R Company and local ethnic employees. The employment and training officer of local minority residents should also be responsible for the liaison between the local minority beneficiaries and the management of R company, so that the employees of local minority beneficiaries can fully integrate into the operation of mineral projects and help solve any problems that may be brought about by multicultural labor.
(7) Transportation for employees of local minority beneficiaries. Company R shall provide all employees of local minority beneficiaries with free transportation to and from the mining project site and the northern villages according to its established working system.
4. Employment support system
(1) Sensitivity of cross-cultural communication. As part of the employment process, R company should evaluate the sensitivity of cross-cultural communication of all candidates who apply to work in mineral projects. In view of the temporary nature of mineral projects and workers, R Company should constantly carry out relevant activities among its employees, and respect permanent residents, their culture and the environment that constitutes this cultural integrity.
(2) Promote social harmony. R company should make reasonable efforts to promote cross-cultural dialogue and mutual understanding of mineral projects. To this end, R Company should make the following efforts:
(a) Providing cross-cultural training to all managers and managers;
(b) Holding mandatory cross-cultural exchange seminars for all employees of mining projects during designated working hours;
Provide the following language training courses according to the needs or work requirements: local national languages, French and English, which can be conducted outside the designated working hours or working hours;
(d) Inviting local artists, such as musicians and dancers, to perform in mineral projects in their spare time;
(e) Allow local minority beneficiaries to sell their sculptures and handicrafts in convenience stores of mineral projects; and
(f) Organize sports activities and other social activities between local residents in northern villages and employees of mineral projects, according to the feasibility.
(3) discrimination. R company should take all reasonable measures to prevent employees from discriminating.
(4) Punishment of discrimination. According to the opinions of the hiring and training officials of local minority residents, Company R shall immediately take punitive measures, including dismissal, against any manager, foreman and other employees who show negative or discriminatory attitudes or behaviors towards employees of mineral projects.
(5) Employee Assistance Scheme. Company R should establish a local employee assistance plan to provide free professional consulting services to employees of all mineral projects on issues related to occupations, individuals and families as needed.
(6) Country food. Company R shall cooperate with all local minority groups to provide rural food to local minority employees of Company R, its contractors and local minority employees at the mining project site. Company R shall provide freezers and kitchens for the local minority employees of Company R, its contractors and their local minority employees, allowing them to store and cook rural food.
(7) Human resource task evaluation. The human resources tasks described in this chapter shall be reviewed by the Mineral Projects Committee from time to time, with the purpose of evaluating their effectiveness and making necessary suggestions for improvement.
(8) annual meeting. The parties to the agreement shall meet once a year to discuss the implementation of this part and consider the recommendations of the Mineral Project Committee. R company shall take necessary measures to ensure the realization of the objectives specified in this part.
(9) Employment arrangement plan made in response to the permanent closure of the project. If Company R has other mining projects in Canada, when the mining project is permanently closed, it should try to find other suitable jobs for employees of local ethnic beneficiaries of the mining project.
(10) Shareholder/Liaison Officer. R company shall employ a full-time shareholder/liaison officer to ensure that this agreement is implemented by all parties, and will report directly to the general manager, who will be appointed by R company as one of the representatives participating in the mineral project committee.
Local national enterprises
In order to promote the development of indigenous enterprises, the Stakeholder Agreement requires that mining companies should mainly cooperate with indigenous enterprises when requesting goods and services, and the agreement may also stipulate the specific proportion of goods or services provided by indigenous enterprises. If there are no suitable indigenous enterprises to sign contracts, then the non-indigenous enterprises that have signed contracts must provide as many employment opportunities as possible for the indigenous residents. Usually, indigenous enterprises are relatively backward in technology, system, economic ability and professional knowledge, and cannot provide commodity services for mining companies or bid successfully within the specified time. In order to solve this problem, the stakeholder agreement requires mining enterprises to provide information about bidding procedures, help indigenous enterprises to prepare bids, assist indigenous enterprises to obtain financing, allow indigenous enterprises to use the company's infrastructure services, give advance payment to indigenous enterprises to help them perform contracts, and divide contracts and other preferential terms to obtain benefits.
Relevant requirements in the mineral project agreement include:
(1) Engineering outsourcing. According to the terms and conditions of the agreement, R Company's mineral projects should be outsourced to local enterprises during the development and operation. At present, the types of materials and/or services planned to be outsourced by mineral projects are estimated as follows: in the development stage, including wharf and airstrip construction, residential complex, power plant, communication system, crushing plant, concentrator and service building, shipping facilities, air transportation, restaurants, drilling and engineering; The operation period includes: sea transportation, air transportation, restaurants and hotels, drilling and ground transportation.
(2) Identification of designated enterprises. Both parties hereby confirm that the enterprises listed in the annex are designated enterprises. After consulting with all parties and obtaining the consent of R company, M company can increase the number of enterprises in the list of enterprises designated by local ethnic groups, and R company's consent does not unreasonably suppress or reduce M company's exclusive discretion on behalf of all local ethnic groups.
(3) Direct consultation with local enterprises. After identifying a suitable enterprise, R Company shall conduct honest and direct consultations with local national enterprises within a reasonable time before any such materials or services are needed. If more than one enterprise is suitable and qualified to provide the required materials or services, R Company has the right to choose a local national enterprise and negotiate with it, or only invite a suitable and qualified local national enterprise to bid.
In addition to the above clauses, Company R shall negotiate honestly and directly with the following local national enterprises on the following materials or services: transportation during development and operation, air transportation during development and operation, drilling during development and operation, ground transportation during development and operation, open-pit mining (only when Company R decides to outsource part or all of the open-pit mining business) and underground mining (only when Company R decides to outsource part or all of the underground mining business).
According to this part, local national enterprises that start contract negotiations with R company can provide detailed cost composition at the request of R company. R company should consider the costs incurred by enterprises in training local minority beneficiaries, especially when R company outsources construction projects instead of letting R company directly undertake the projects.
Based on the possible emergency or abnormal situation, R company should set a reasonable timetable when starting direct negotiations with the enterprise, and must complete the relevant contract negotiations. Information such as start-up expenses and depreciation of infrastructure investment specifically required by enterprises that can provide materials or services for R company is also a problem that R company will confirm and solve in contract negotiation with enterprises. Company R shall make every reasonable effort to ensure that the contract negotiations with local national enterprises are conducted in a timely and fair manner, and that local national enterprises have sufficient opportunities to express their suggestions and defend them. Company R may seek relevant information from a third party so as to be able to evaluate the suggestions made by the enterprises that provide materials or services to Company R. If Company R and the enterprise cannot resolve the contract negotiation through honest negotiation within the specified time, Company R may award the contract to the bidder upon invitation. Enterprises negotiating with R Company shall be invited to bid.
(4) Bidding. If the materials or services required in the development stage and operation period cannot be outsourced, R Company shall invite qualified local enterprises to identify bidders (including local enterprises that invite bids) and invite these bidders to bid.
When bidding for materials or services needed for mineral projects, Company R should put forward conditions for bidders in the form of bidding: determine the number of local people or low-level enterprises in terms of quantity and quality. If there are any, such bidders will directly participate in bidding, or provide special materials or services as subcontractors or suppliers and train them. Pointing out these factors in the form of bidding will be beneficial to the acquisition of materials or service contracts. Company R should actively consider the above factors when awarding contracts for materials or services, and require contractors to provide compliance reports on the above factors every quarter.
(5) Direct consultation with third-party enterprises. For contracts related to materials or services for which local state enterprises are not qualified, R Company may award the contracts to a third party through direct negotiation.
(6) Evaluation criteria. The criteria adopted by R Company in evaluating and awarding all mineral project contracts should include all the following contents: (a) cost competitiveness; Continuity of supply; Quality of work; Timeliness; Target.
(7) Confirmation of qualified enterprises. Confirm the qualifications of these enterprises at least once a year, provide sufficient information of R company, and evaluate the qualifications of special enterprises. R company can also directly exchange experience and qualifications with local national enterprises. For services that usually require binding force, local national enterprises must provide a letter of guarantee before they can be recognized as qualified companies.
(8) Suggestions on starting a business. With the help of the Mineral Project Committee, R put forward suggestions that may be more suitable for local people to start businesses.
(9) Engineering design. When preparing the outsourced engineering design, R company should organize the project into several parts if feasible, and may allow local national enterprises to intervene and obtain some such projects.
(10) execution. Company R shall require each contractor or supplier to provide quarterly commitment reports, including the number of local minority residents who have obtained jobs, the number of local minority residents actually employed by the contractor and its subcontractors, the training content provided to local minority residents, the number of local minority residents who have been laid off or dismissed, and the information that local minority enterprises have become subcontractors or suppliers.
(1 1) Notify the Mineral Project Committee. On the basis of selecting the contractor, Company R shall inform the Mineral Project Committee of the information of awarding mineral project contracts and subcontracts, and provide timely reports of all local nationalities to contractors and suppliers as required.
(12) annual meeting. Both parties to the agreement shall hold a meeting once a year to discuss the implementation of this part, and consider any suggestions made by the Mineral Project Committee, and R Company shall take necessary measures to ensure the realization of the objectives set in this part.
In addition, the Mineral Project Agreement also contains detailed requirements on transportation (transportation arrangements for local minority employees and other employees), restrictions on entry, visits, hitchhiking, restrictions on the use of guns, hunting and fishing by non-locals, and policies on drugs and alcoholic beverages.
(5) Financial regulations
(1) related enterprise payment.
(2) Community benefits. Including the payment before the initial investment is recovered, the payment after the initial investment is recovered and the payment in the year when the initial investment is recovered. For the year when the accumulated gross profit is equal to or greater than the initial investment in industrial production, according to the relevant regulations, the amount of money transfer that R Company should pay will be larger.
(3) payment time.
(4) pay taxes. The local government or any regional government agency representing the region will collect taxes from R Company in the form of enterprise income tax and mining tax according to this agreement. Income tax and mining tax will be calculated according to the data of other similar mining projects in Quebec in that year and deducted from the payable amount, and the deducted amount will be used as the tax credit of R company.
(vi) Methods of dispute settlement
The general stakeholder agreement will set out specific dispute resolution methods. The Mineral Project Agreement requires that if disputes cannot be settled amicably through negotiation, all parties to the agreement agree to adopt the following dispute settlement procedures before any party seeks other feasible remedies:
(1) The injured party shall notify both parties to the dispute in writing and submit the dispute to the Mineral Project Committee for settlement.
(2) If the Mineral Project Committee fails to resolve the dispute within 90 days or within the time limit agreed by all parties, it shall submit the dispute to the chairman of the Committee in writing, and the chairman shall resolve the dispute within 90 days from the date when the Mineral Project Committee notifies the dispute that it cannot be resolved or within the time limit agreed by all parties.
(3) The Chairman may, at his discretion and on such terms and conditions as he thinks fit, nominate a neutral third party to conduct fact-finding and make suggestions to assist the Chairman in resolving the dispute.
(4) If the Chairman fails to settle the dispute within the stipulated 90 days, or within the extended period agreed by all parties to the satisfaction of all parties, or if all parties fail to submit the dispute to binding arbitration, any party may institute legal proceedings against the dispute.
This chapter also provides for compulsory arbitration, and the specific settlement clauses include:
(1) The injured party shall notify other disputing parties and express its wish to submit the dispute to binding arbitration.
(2) Decide to submit the dispute to binding arbitration within 30 days after the notice is issued. Within 30 days after the award is made, the parties shall appoint an arbitration institution to arbitrate the dispute through consultation.
(3) If the parties fail to agree to choose an arbitration institution within 30 days after the delay, an arbitration commission shall be established. The interested parties and Company R shall each appoint an arbitration institution within 30 days, and select a unique arbitration institution within this period, and then the two arbitration institutions shall jointly select a third-party arbitration institution within 30 days after accepting the appointment. If this choice cannot be made, the judge of the Provincial High Court shall choose a third-party arbitration institution.
(4) The sole arbitration institution or arbitration commission (as the case may be) shall commence arbitration of the dispute within 45 days after it is appointed or established (if no extension or consent of the injured party is required).
(5) Each party shall provide all required information and documents to the arbitration institution (or arbitration commission).
(6) Arbitration shall be conducted in a city in this province.
(7) Arbitration shall be conducted in accordance with Article 940th of the Civil Procedure Law of this province.
(8) All parties participating in arbitration shall pay their own arbitration fees, including arbitration fees, arbitration agency fees and other related fees. All other expenses and expenses related to this arbitration procedure, including the third-party arbitration institution (or the sole arbitration institution, as the case may be) but not limited to the following expenses and expenses, all incidental expenses of the arbitration procedure, including but not limited to shorthand, photocopying, photocopying and other administrative expenses, shall be shared equally by all parties unless otherwise decided by the arbitration institution (or arbitration commission).
(nine) due to death, refusal, withdrawal or inability to appoint an arbitration institution, it shall be designated in accordance with the procedures for appointing an arbitration institution (or an arbitration commission) in accordance with the Civil Procedure Law of this province.
(10) The arbitration institution (or arbitration commission) shall make a decision within 6 months after the arbitration procedure of the dispute is started.
It can be seen that stakeholder agreement based on property rights plays a vital role in maintaining stakeholders such as landowners and aborigines in mineral development. Contract has become the main way of interest distribution, which makes the interest distribution in mining areas enter the track of rule of law and social autonomy, which is of great significance to the practice of ruling the country according to law in mining areas.