Category: Mining

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Mining Matters for the Resource Industry

March 1, 2016

In advance of the 2016 Prospectors & Developers Association of Canada (PDAC) Convention taking place on March 6-9, we will be featuring a series of relevant content for your business and legal needs on Blakes Business Class throughout the month. Attached is a whitepaper on the federal Extractive Sector Transparency Measures Act (ESTMA), outlining the proactive steps companies in extractive industries…

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

February 29, 2016

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 to surface rights in a mining claim. The Court of Appeal held that surface rights in unpatented mining claims are restricted to prospecting…

Ontario Proposes Changes to Mining Act

December 10, 2015

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 as well as a new electronic mining lands administration system in Ontario. The changes seek to enhance the global competitiveness of Ontario’s mining industry…

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

September 25, 2015

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 creation of the CMH Fund was initially put forward in connection with the 2012–2013 budget by the Quebec government as part of its plan to…

ICSID Tribunal Upholds High Threshold for Granting Provisional Measures and Ordering Security for Costs

September 16, 2015

  The International Centre for Settlement of Investment Disputes (ICSID) tribunal recently reaffirmed the high threshold for granting provisional measures in investor-state disputes, including in the context of making an order of security for costs against an investor, in the EuroGas Inc. and Belmont Resources Inc. v. Slovak Republic arbitration. The decision confirms that inability to meet a potential costs…

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

June 12, 2015

  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 bill, titled An Act respecting transparency measures in the mining, oil and gas industries (Bill 55), would require subject entities to declare all payments made…

A Skimmed Plan Nord: Keeping in Line with Quebec’s Current Economic Landscape

April 10, 2015

  The Quebec government first launched its Northern Plan, le “Plan Nord”, in 2011 with great fanfare. The Plan Nord seeks to develop Quebec’s vast territory north of the 49th parallel, which covers 72 per cent of the province or approximately 1.2 million km2. Since the initial announcement, the implementation of the Plan Nord has been stalled in large part…

Quebec Environment Minister Aims to Modernize Environmental Approval Process

February 27, 2015

  On February 25, 2015, the Quebec Minister of Sustainable Development, Environment and the Fight against Climate Change David Heurtel, announced a proposal to modernize the current environmental authorization regime provided for in the Environment Quality Act (EQA). The Minister stated that the process needed to be more clear, more efficient and predictable. The modernization of the EQA and the…

Government of Québec 2014-15 Budget – Plan Nord Is Relaunched

June 12, 2014

On June 4, 2014, the newly elected Quebec Liberal government (Government) presented its 2014-15 budget (Budget) in which it followed through on its campaign promise and breathed new life into the Plan Nord.   When it was introduced in 2011, Plan Nord was a long-term program for the economic and social development of Quebec’s territory situated north of the 49th…

Mining and Aboriginal Consultation in the Yukon

January 17, 2014

  Mining and Aboriginal Peoples are both significant aspects of life in the Yukon. The territorial government recently amended its mining legislation to require consultation of Aboriginal Peoples before exploration programs are undertaken. The Yukon Supreme Court also recently quashed the government’s approval of a proposed mining exploration project. These legal developments provide a timely reminder of the importance of…

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