Canada Mining

News & Analysis as of

International Investment Arbitration in North America: Year in Review 2015

International investment arbitration – also known as investment treaty arbitration or investor-State arbitration – is a procedure whereby foreign investors may seek a binding adjudication of claims against host States that...more

B.C. Increases Potential Fines, Adds Administrative Penalties for Mining Law Violations

Since the 2014 Mount Polley tailings dam breach, the British Columbia government has made numerous changes to its mining regulatory regime. The most recent amendments, some of which came into force late last week,...more

Quebec’s Energy, Mining Sectors Searching for Clarity on Social Acceptability

On February 16 2016, Quebec’s Energy and Natural Resource Minister, Pierre Arcand, tabled a green paper (referred to in French as the “Livre Vert”) at the National Assembly, outlining five guidelines regarding social...more

A Railway Is Not a Mine: Ontario Court of Appeal Rules on Surface Rights in Unpatented Mining Claims

On February 24, 2016, the Ontario Court of Appeal released its decision in 2274659 Ontario Inc. v. Canada Chrome Corporation, confirming the interpretation of sections 50 and 51 of the Ontario Mining Act (Act) as they relate...more

Ontario Approves New Noise Regulation under the Occupational Health and Safety Act (OHSA)

Ontario’s Ministry of Labour approved a new Noise Regulation under the Occupational Health and Safety Act (OHSA) on December 9, 2015. This regulation (O. Reg. 381/15) replaces the noise protection requirements set out in the...more

Canada Relaxes Iran Sanctions - Making it Easier to do Business with Iran

On February 5, 2016, Canada significantly reduced its unilateral economic sanctions against Iran by introducing amendments (Amendments) to the Special Economic Measures (Iran) Regulations (Iran Regulations). The relaxation...more

July 1, 2016: All Ontario employers must comply with new noise regulation

As of July 1, 2016, all Ontario employers will be required to comply with a new workplace noise Regulation under the Occupational Health and Safety Act. The new Regulation (381/15) replaces noise protection requirements...more

Legal Trends: Restructuring & Insolvency

Amid the protracted drop in oil prices and the decline of the Canadian dollar relative to the U.S. dollar, capitalizing on distressed opportunities in the oil and gas sector in a low-risk jurisdiction, such as Canada, has...more

“Industry standard” is not always appropriate safety precaution, and MOL inspector’s “gut instinct” is not enough to ground...

A mining company has won a lengthy dispute with the Ontario Ministry of Labour after satisfying the Ontario Labour Relations Board that the applicable “industry standard” was not appropriate in the case at hand. The...more

Legal Trends: Capital Markets

We expect economic conditions, including those discussed in our M&A Trends piece?, to continue to create opportunities in the M&A market. As well-positioned issuers pursue these opportunities, some acquirers will access the...more

Ontario Proposes Changes to Mining Act

On December 2, 2015, Ontario introduced the Mining Amendment Act, 2015 (Bill), which seeks to amend the Mining Act. If adopted, the changes will result in the implementation of an online registration system for mining claims...more

Québec: Adoption of Bill 55: An Act respecting transparency measures in the mining, oil and gas industries

The Québec National Assembly adopted Bill 55: An Act respecting transparency measures in the mining, oil and gas industries[1] recently. Bill 55 came into force on October 21, 2015. The content of Bill 55 was summarized in...more

SCC Denial of Leave Allows First Nations to Pursue Claims Prior to Proving Aboriginal Title

The Supreme Court of Canada recently denied applications for leave to appeal in Saik’uz First Nation and Stellat’en First Nation v Rio Tinto Alcan Inc., 2015 BCCA 154 (Saik’uz), and Iron Ore Company of Canada. v Uashaunnuat,...more

$1-Billion Committed to Development of Quebec’s Mining, Hydrocarbon Industries

The Quebec government has recently announced that the Capital Mines Hydrocarbon fund (CMH Fund), the purpose of which is to acquire equity interests in mining and hydrocarbon projects in Quebec, is officially in effect. The...more

Canadian Securities Regulators release results of Continuous Disclosure Review

On July 16, 2015, the Canadian Securities Administrators (CSA) issued CSA Staff Notice 51-344 summarizing the results of their Continuous Disclosure (CD) Review Program for the fiscal year ended March 31, 2015. The CSA...more

Ontario Court Upholds Limitations on Liability for Misrepresentations Contained in Take-Over Bid Circulars

In a decision released on July 30, 2015, the Ontario Superior Court of Justice has clarified that plaintiffs seeking to advance claims under section 131(1) of the Securities Act (Ontario) alleging misrepresentation in a...more

The CSA’s Latest Continuous Disclosure Review: Two Key Takeaways for Material Contract and Mining Disclosure

The Canadian Securities Administrators (CSA) recently published their annual review of Canadian public companies’ continuous disclosure filings in CSA Staff Notice 51-344 - Continuous Disclosure Review Program Activities for...more

Employee guilty of “reckless” speeding in mine trolley: dismissal upheld

Unsafe operation of equipment is an easy way to get dismissed or charged with Occupational Health and Safety Act – or sometimes even criminal – offences. A labour arbitrator has upheld the dismissal of a mining employee for...more

Dangers of a Self-Drafted Letter Agreement

Court Unwilling to Impose a Reasonableness Limit on Expenditures - Exploration expenditures incurred to earn into a mining claim did not have to be reasonable, the B.C. Court of Appeal recently held in American Creek...more

Caveat Optionor: Canadian Court Strikes a Blow for Mineral Exploration Companies

A recent judgment from the British Columbia Court of Appeal provides insight on the interpretation of exploration option agreements. This decision is part of protracted litigation between the parties, American Creek Resources...more

Drilling Down on Transparency: Quebec Introduces Bill Requiring Reporting For Mining, Oil & Gas Industries

On June 11, 2015, Quebec’s Minister for Mines introduced a bill before the Quebec National Assembly that proposes to impose mandatory reporting requirements on businesses operating in the mining and oil and gas sectors. The...more

Shining a Light on Payments to Governments: The Current State of “Publish What You Pay” Rulemaking Around the World

Over the last few years, a number of key jurisdictions have adopted regulations requiring companies engaged in natural resource extraction activities to disclose the payments they make to governments and state-owned...more

Ontario MOL Releases 2015-16 Safety Inspection Blitz Schedule

The Ontario Ministry of Labour has released its schedule of workplace inspection blitzes for the period from May 2015 to March 2016. The schedule gives employers advance notice of what MOL inspectors will look for when they...more

Miners Beware: Regulators Read Your Investor Presentations

On April 9, 2015, the Canadian Securities Administrators (CSA) published CSA Staff Notice 43-309 - Review of Website Investor Presentations by Mining Issuers (the Staff Notice), which summarizes the findings of a review of...more

Mining Issuers: Ensure your Websites and Investor Presentations Comply with NI 43-101

Mining issuers have their qualified persons (“QPs”) and occasionally legal counsel review technical disclosure, including news releases and technical reports, to ensure they comply with National Instrument 43-101 Standards of...more

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