Category: Mining

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AMF Provides Summary of Oversight and Regulatory Activities

December 6, 2018

The Corporate Finance Division of Quebec’s Autorité des marchés financiers (AMF) recently released its annual Summary of Oversight and Regulatory Activities (Report). In addition to providing a snapshot of the Quebec capital markets, the Report identifies a range of deficiencies encountered by the AMF in its ongoing review of various continuous disclosure and financing documents of Quebec issuers and highlights…

Codes of Responsible Business Conduct: When Good Intentions Become Binding

December 3, 2018

Voluntary codes of conduct have become common (and even expected) practice as part of a broader corporate social responsibility (CSR) strategy for companies across all industries. Increasingly, companies have been facing litigation and reputational risks in connection with the implementation of their CSR goals and policies as articulated in their codes of conduct.

The Future of Canadian Corporate Criminal Enforcement: Deferred Prosecution Agreements Now Available in Canada

September 21, 2018

Recent amendments to the Criminal Code signify an important development in Canada’s white-collar enforcement landscape. The new amendments, which came into effect on September 19, 2018, establish a Canadian deferred prosecution regime. Prosecutors will now have the option of entering into “remediation agreements” (RAs) with companies accused of offences. RAs are the Canadian equivalent of American and U.K. deferred prosecution…

Implementing the Environment Quality Act – Quebec Government Publishes 24 Draft Regulations

March 5, 2018

CONTEXT On February 14, 2018, the Government of Quebec published 24 draft regulations that seek to implement amendments to the Environment Quality Act (EQA), as part of the modernization of its environmental approval scheme. The new draft regulations follow the publication of the draft Regulation respecting the environmental impact assessment and review of certain projects on December 13, 2017. These…

Canadian Mergers and Acquisitions: FAQs and 2018 Trends

February 16, 2018

Our Canadian Mergers and Acquisitions: FAQs and 2018 Trends answers frequentlyasked questions regarding the regulation of public M&A in Canada and provides anoutlook for what 2018 may hold based on significant developments we observedfrom the Canadian deal environment in 2017.

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…

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