Category: Mining

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New Reporting Requirements Now in Force in Quebec for Mining, Oil and Gas Industries

September 8, 2017

Quebec mining and oil and gas industries must now comply with the Regulation respecting the application of the Act respecting transparency measures in the mining, oil and gas industries (Regulation), which came into force on August 3, 2017. The Act is designed to impose transparency measures in the mining and oil and gas industries, discourage and detect corruption and foster…

SCC Confirms the Role of Regulatory Tribunals in Aboriginal Consultation

July 27, 2017

On July 26, 2017, the Supreme Court of Canada (SCC) released two decisions on the role of the National Energy Board (NEB) and other regulatory tribunals in aboriginal consultation: Clyde River (Hamlet) v. Petroleum Geo‑Services Inc. (Clyde River) and Chippewas of the Thames First Nation v. Enbridge Pipelines Inc. (Chippewas). The decisions are significant in clarifying the law in relation…

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

July 6, 2017

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. In Ressources Strateco inc. c. Procureure générale du Québec, the Court rejected Strateco’s claim for approximately C$200-million in damages, including punitive damages, against the Attorney…

Quebec Adopts Bill 102, Overhauls Its Environmental Approval Regime

May 24, 2017

On March 23, 2017, the Quebec national assembly adopted Bill 102 to amend the Environment Quality Act (EQA). The Bill will result in significant changes to Quebec’s environmental approval regime. Bill 102 was tabled on June 7, 2016, following the publication of a green paper by Quebec’s Minister of Sustainable Development, Environment and the Fight against Climate Change, David Heurtel,…

Golden Opportunity? Buying Assets Out of Receivership

March 8, 2017

The legal framework in which distressed mining assets are sold is complex and highly technical. However, it also provides an excellent investment opportunity for prospective purchasers. Please join members of the Blakes Mining group to discuss opportunities and legal considerations when acquiring mining assets out of distressed situations. Our Mining partners, with expertise in insolvency, finance and capital markets, mining…

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

May 24, 2016

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, significantly increased the penalties that may be imposed for violation of the Mines Act (Act). The changes heighten the potential exposure of mining companies and their…

Legal Trends 2016: Restructuring & Insolvency

April 6, 2016

ONE | OIL AND GAS SECTOR 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 never been more attractive. These combined circumstances have resulted in approximately US$112-billion worth of oil and gas…

Legal Trends 2016: Private Equity

March 31, 2016

ONE | OILPATCH PORTFOLIO MANAGEMENT AND OPPORTUNITIES Between June 2014 and December 2015, the price of a barrel of oil was cut roughly in half, resulting in a significant downturn in the earnings of companies with businesses connected to the oil industry. Private equity (PE) firms with portfolio companies that have operations in or exposure to Alberta and Canada’s energy…

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

March 7, 2016

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 acceptability as it relates to the use of public lands and the development of natural resource projects in Quebec (Green Paper). This Green Paper is the latest…

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