Category: Mining

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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…

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…

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