Podcast - Panorama del sector energético en Colombia
Challenges for Infrastructure Projects in the Current Environment
The Bre-X mining scandal of the 1990s is one of history’s most infamous corporate fraud cases. Bre-X Minerals Ltd., a small Canadian company, falsely reported one of the largest gold deposits ever discovered in Indonesia,...more
A requirement of proving a fraudulent conveyance occurred is establishing that the conveyance was fraudulently intended. Courts in British Columbia will rely on the presence of ‘badges of fraud’, such as whether the...more
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
In this special edition of Bennett Jones' quarterly M&A update, we look at deal activity and the investment climate in Canada with a focus on the Québec market. The second quarter of 2024 and the year so far has been one of...more
Bill 63, introduced by Minister Maïté Blanchette Vézina of Natural Resources and Forestry, proposes significant changes to Quebec's Mining Act. These changes aim to modernize mining legislation in line with current...more
Mining companies operate in many countries where the risks related to the presence in the supply chain of forced and child labor tend to be high. If these companies also carry on certain business activities in Canada...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
On March 7, 2024, British Columbia's Ministry of Energy, Mines and Low Carbon Innovation announced interim measures in the form of four Orders in Council (OICs). The OICs place restrictions on the issuance of mineral claims,...more
On the second anniversary of the start of the war in Ukraine and in response to the death of activist Aleksey Navalny in a Russian prison, the United States, European Union, and United Kingdom, along with Australia and...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 enduring legal legacy of the Westray Mine disaster is the Bill C-45 amendment to the Criminal Code that established the new crime of Occupational Health and Safety (“OHS”) criminal negligence for individuals and...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
The Law of Taking was Fishy - If you give a man a fish, you feed him for a day. If you teach a man to fish, you feed him for a lifetime. But what if a man has the right to sell fish, and he builds his business...more
Introduction - Le 7 juillet 2023, la Cour provinciale de la Colombie-Britannique (la « Cour ») a déterminé que le président et chef de la direction d’une société minière était coupable de plusieurs infractions...more
Introduction - On July 7, 2023, the British Columbia Provincial Court (Court) found the president and chief operating officer of a mining company guilty of several environmental offences arising from the discharge of waste...more
Like the many competitors at the recently wrapped Calgary Stampede, the M&A market in Q2 dusted itself off and showed its resilience. With continued strength in the middle market, an increase in distressed M&A and an...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
Despite finding a clear error resulting in warrant holders being deprived of meeting and voting rights under a court-approved plan of arrangement, the Alberta Court of Appeal declined to grant relief and unwind the...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
The second year of the COVID-19 pandemic continued to impact the Canadian economy, commercial activity, and the legal system in general. Courts, tribunals, legislatures, law firms, corporations, and workers all learned to...more
I am pleased to have participated in the preparation of the eleventh edition of The Mining Law Review. The Review is designed to be a practical, business-focused ‘year in review’ analysis of recent changes, developments and...more