News & Analysis as of

Resource Extraction Canada

Bennett Jones LLP

Grassy Narrows First Nation Challenges Ontario’s Mining Claims Regime

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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

Bennett Jones LLP

Ore-derly Conduct: Bill 63's Amendments to the Mining Act and Other Provisions

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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

Dorsey & Whitney LLP

SEC Staff Provides Welcome Guidance to Resource Extraction Issuers

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As discussed in our January 10, 2024 webinar, new SEC rules require resource extraction issuers that file reports with the SEC to file a Form SD within 270 days after each fiscal year end to report their payments to the U.S....more

Bennett Jones LLP

Government of Canada Extends Mineral Exploration Tax Credit for Investors in Flow-Through Shares

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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

Bennett Jones LLP

British Columbia Announces a Pause on Mining in Gitxaala and Ehattesaht Nations Territories

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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

Blake, Cassels & Graydon LLP

L’Ontario propose des modifications à la Loi sur les mines pour alléger le fardeau réglementaire

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

Blake, Cassels & Graydon LLP

Reducing the Regulatory Burden: Ontario Proposes Mining Act Amendments

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

Bennett Jones LLP

Canada's New Critical Minerals Strategy—Recycling the Regulatory Regime

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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

Stikeman Elliott LLP

Mining Law: Canada Capital Markets: Canada

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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

Bennett Jones LLP

Bill 82—Laying the Groundwork for Alberta's Future as a Mineral Producer

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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

Bennett Jones LLP

Yukon Zinc: Reining in the Ability to Disclaim Contracts and Priority for Environmental Liabilities

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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

Bennett Jones LLP

Canada Announces the Critical Minerals List

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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

Dorsey & Whitney LLP

The SEC Adopts New Rules Regarding Mining Disclosure

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On October 31, 2018, the United States Securities and Exchange Commission (the “SEC”) announced that it adopted rules to modernize mining property disclosure in order to harmonize SEC disclosure requirements with...more

Bennett Jones LLP

Updates to Extractive Sector Transparency Measures Act Guidance

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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

Bennett Jones LLP

Mining Initial Public Offering Checklist

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Canada’s world leading mining capital markets offer a wealth of opportunity, with their access to local and global natural resources, finance opportunities for companies at all stages, and sophisticated technical know-how....more

Dorsey & Whitney LLP

Status Check on the SEC’s Proposed Overhaul of the Mining Disclosure Regime

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About 18 months have passed since the U.S. Securities and Exchange Commission (SEC) published its bold attempt to modernize the disclosure requirements for mining companies that are listed on U.S. stock exchanges or otherwise...more

Blake, Cassels & Graydon LLP

Quebec Court Rules on the Role of Social Acceptability in the Project Approval Process

On June 21, 2017, the Superior Court of Québec (Court) ruled against Ressources Strateco inc. (Strateco) in a decision that addresses the issue of social acceptability in the context of project approvals in Northern Quebec. ...more

Bennett Jones LLP

Transparency Initiatives in the Extractive Sector: ESTMA Reporting Deadline Approaching in Canada and Setbacks in the United...

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The May 30, 2017, reporting deadline under the Extractive Sector Transparency Measures Act (ESTMA) is fast approaching. This annual reporting deadline under ESTMA applies to entities that...more

Dorsey & Whitney LLP

A Long and Winding Road Ends for Resource Extraction Disclosure

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On February 14, 2017, President Trump approved a joint resolution of Congress that disapproves the SEC’s rule requiring specific disclosures by resource extraction issuers, effectively repealing the rule. The rules required...more

Bennett Jones LLP

New U.S. Transparency Reporting Requirements for Extractive Sector

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On July 27, 2016, the U.S. Securities and Exchange Commission (SEC) adopted revised rules requiring resource extraction issuers to disclose payments made to governments for the commercial development of oil, natural gas, or...more

Dorsey & Whitney LLP

Understanding the SEC’s Proposed New Mining Disclosure Rules: Questions and Answers

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On June 16, 2016, the SEC proposed a major overhaul of the disclosure requirements for companies that are engaged in material mining operations, including royalty companies. The proposed rules would replace the SEC’s...more

Foley Hoag LLP - Global Business and Human...

Securities and Exchange Commission Issues New Rule on Extractive Industry Transparency

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

Bennett Jones LLP

The June 30th Enrollment Deadline for ESTMA Compliance is Looming

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Natural Resources Canada (NRCan) is calling for those entities required to report under the Extractive Sector Transparency Measures Act (ESTMA) to enroll for an ESTMA identification number by submitting a Contact Form to...more

BCLP

International Investment Arbitration in North America: Year in Review 2015

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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

Morrison & Foerster LLP

Canada’s New Extractive Sector Transparency Measures Act and its Implications for Companies Subject to the U.S. Foreign Corrupt...

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

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