On July 10, 2024, Grassy Narrows First Nation (Grassy Narrows) launched a challenge against Ontario’s Mining Act (the Mining Act), claiming that the system for granting mining claims pursuant to the legislation (the Mining...more
On March 28, 2024, the federal government announced, amid market uncertainty, that it would be extending the 15 percent Mineral Exploration Tax Credit (METC) for investors in flow-through shares for one additional year, until...more
By now, most Canadian mining companies ought to be aware of the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Act) which came into force on January 1, 2024. The Act imposes a reporting obligation...more
The Inflation Reduction Act (“IRA”) has garnered criticism from the European Union (“EU”) due in large part to its domestic sourcing requirements. Some in Canada have echoed this criticism, including Michael Harvey, vice...more
On September 26, 2023, the British Columbia Supreme Court issued a ruling in Gitxaala v. British Columbia (Chief Gold Commissioner) that will affect the future of mining in British Columbia. In this case, the court found the...more
Le 2 mars 2023, le gouvernement de l’Ontario a présenté le projet de loi 71, Loi de 2023 visant l’aménagement de davantage de mines, qui viendrait modifier la Loi sur les mines. Les modifications proposées ont pour but, entre...more
On March 2, 2023, the Government of Ontario introduced Bill 71, the Building More Mines Act, 2023, which seeks to amend Ontario’s Mining Act. The changes are intended to shorten timelines for starting or modifying mine...more
Critical raw materials, such as rare earths, lithium and cobalt, are essential to the energy transition and to modern and green technologies. As States compete to secure these materials, there is an increasing importance to...more
In recent months, the critical minerals sector has been at the top of government legislative and regulatory agendas and has been subject to substantial media attention. "Critical minerals" is a generic term that refers to a...more
On Friday, December 9, 2022, the federal government released the Canadian Critical Minerals Strategy (the Strategy), a comprehensive multi-disciplinary government policy package designed to facilitate increased production and...more
Potash is a critical mineral used as a replenishing agricultural fertilizer. As a result, millions of farmers around the world depend on potash. The Canadian province of Saskatchewan is the world's largest potash producer,...more
Demand for rare earth and critical minerals like lithium, uranium, nickel and vanadium is growing worldwide. Recently, the government of Alberta has taken steps to position the province as a contributor to this emerging...more
We previously discussed the Court's decision in Yukon (Government of) v Yukon Zinc Corporation, 2020 YKSC 16, which opened the door to partial termination of agreements in a receivership, an action generally considered...more
On March 11, 2021, Canada unveiled its Critical Minerals List. The list includes 31 minerals considered integral to the Canadian economy, all of which are available in Canada. The list highlights focus areas in future...more
After reviewing the reports submitted under the Extractive Sector Transparency Measures Act (ESTMA) and consulting with stakeholders, Natural Resources Canada (NRCan) recently updated its implementation tools that assist...more
Nevsun Resources, a British Columbia mining company, has asked the Supreme Court to hear its appeal from a recent B.C. ruling that would send the human rights claims of a group of Eritrean plaintiffs towards trial....more
The Saskatchewan Court of Appeal recently released a landmark decision National Bank of Canada v KNC Holdings Ltd, 2017 SKCA 57 (National Bank) which will significantly affect the priority ranking of certain Saskatchewan...more
Canadian courts took another step in further opening the country’s courts to civil claims by foreign victims of alleged human rights abuses against Canadian corporations for acts committed abroad. In a January 26, 2017,...more
On June 27, the Securities and Exchange Commission (“SEC”) issued a new rule requiring extractive sector companies (oil, gas, and mining) to disclose the payments that they make to governments for the commercial development...more
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
On June 1, 2015, Canada’s Extractive Sector Transparency Measures Act (“ESTMA” or “the Act”) came into force. Approved in December 2014, but not in force until this month, the Act requires companies in the extractive sector...more