Mining Prospects

Trends and Developments in Mining Law in Canada and Internationally

Modifications récentes à la règlementation minière au Québec

Posted in Aboriginal and Environmental Issues
Pierre LangloisMartin Thiboutot

Le gouvernement du Québec a publié le 16 décembre 2015 des modifications au Règlement sur les substances minérales autres que le pétrole, le gaz naturel et la saumure (le « Règlement »). Ces modifications sont entrées en vigueur 15 jours plus tard, soit le 31 décembre. Ces modifications constituent le premier règlement modifiant le Règlement édicté depuis la sanction de la Loi modifiant la Loi sur les mines (la « Loi modificatrice ») le 10 décembre 2013. Conformément à la Loi modificatrice, l’entrée en vigueur des modifications au Règlement a entraîné l’entrée en vigueur de certaines dispositions de la Loi modificatrice. Nous présentons ci-après certaines dispositions de la Loi modificatrice et du Règlement tel qu’amendé, toutes en vigueur, qui introduisent les comités de suivi visant à favoriser l’implication de la communauté locale dans les projets miniers. Continue Reading

New amendments to Quebec mining regulations come into force

Posted in Aboriginal and Environmental Issues
Pierre LangloisMartin Thiboutot

On December 16, 2015, the Quebec government published amendments to the Regulation respecting mineral substances other than petroleum, natural gas and brine (the “Regulation”). These amendments came into force 15 days later, on December 31. These are the first amendments to the Regulationsince the assent of An Act to amend the Mining Act (the “Amending Act”) on December 10, 2013. Pursuant to the Amending Act, the coming into force of the amendments to the Regulation caused the coming into force of certain provisions of the Amending Act simultaneously. This article discusses certain provisions of the Amending Act and the Regulation as amended, all now in force, which introduce committees to foster the involvement of the local community in the project as a whole. Continue Reading

Bill 87: New measures to encourage whistleblowing in Quebec public bodies

Posted in Mining
Daniel BénayMarc-Alexandre HudonMason Gordon

The following post by Daniel Bénay, Marc-Alexandre Hudon and Mason Gordon on our Canadian Energy Perspectives blog may be of interest to readers of this blog:  Bill 87: New measures to encourage whistleblowing in Quebec public bodies.

The Québec government has proposed new measures to encourage the disclosure of wrongdoing in the public sector. On December 2, 2015, Martin Coiteux, the Minister responsible for Government Administration and Ongoing Program Review and Chair of the Conseil du trésor sponsored and introduced Bill n°87: An Act to facilitate the disclosure of wrongdoings within public bodies (the “Bill”). The purpose of the legislation is to “facilitate the disclosure of wrongdoings within public bodies and to establish a protection regime against reprisals.” In brief, the Bill creates a formal regime for whistleblowing “wrongdoings” in “public bodies”.

Policy Considerations when Carbon Taxes Meet Cap-and-Trade

Posted in Mining
Selina Lee-Andersen

The following post by Selina Lee-Andersen on our Canadian Energy Perspectives blog may be of interest to readers of this blog: Policy Considerations when Carbon Taxes Meet Cap-and-Trade

As we recently reported, British Columbia’s (BC) Climate Leadership Team prepared a report setting out 32 recommendations for BC’s climate policy path forward.  Recommendation 29 states that: If the majority of Canadian provinces opt for carbon pricing via emissions trading to cover greenhouse gases from large final emitters, a review should be undertaken of mechanisms to integrate a carbon tax with a cap and trade framework for the BC context.

Navigating the Paris Climate Talks: Understanding the Policy Drivers and Mastering the Climate Lingo

Posted in Mining
Selina Lee-Andersen

The following post by Selina Lee-Andersen on our Canadian Energy Perspectives blog may be of interest to readers of this blog:  Navigating the Paris Climate Talks: Understanding the Policy Drivers and Mastering the Climate Lingo

Setting the Stage

This week, all eyes are on Paris as world leaders converged on the French capital in a multi-national effort to forge a new global climate change agreement. As negotiators now turn their focus on transforming the climate rhetoric into legal text, climate change is back in the global spotlight.  Over the years, climate change policy has experienced its ebbs and flows. Climate change arrived on the international stage at the Rio Earth Summit in 1992, where 154 countries signed the United Nations Framework Convention on Climate Change (UNFCCC) to stabilize atmospheric concentrations of greenhouse gas (GHG) emissions at a level to prevent “dangerous anthropogenic interference with the climate system”. The UNFCCC entered into force on March 21, 1994 and 195 countries have ratified the UNFCCC to date. Subsequent international negotiations led to the Kyoto Protocol, an international treaty which extends the UNFCCC and commits its signatories to reduce GHG emissions. The Kyoto Protocol was adopted in December 1997 and came into force on February 16, 2005. There are currently 192 signatories to the Kyoto Protocol. While Canada withdrew from the Kyoto Protocol effective December 2012, a newly elected federal government has indicated its willingness to re-engage in international talks to reach a new global climate change treaty for the post-Kyoto era.

 

 

Climate Leadership Team Makes 32 Recommendations for Updating BC’s Climate Change Policies

Posted in Mining
Selina Lee-Andersen

The following post by Selina Lee-Andersen on our Canadian Energy Perspectives blog may be of interest to readers of this blog: Climate Leadership Team Makes 32 Recommendations for Updating BC’s Climate Change Policies

As reported in our earlier blog, British Columbia (BC) Premier Christy Clark appointed a Climate Leadership Team in May 2015 to provide advice and recommendations to government for its new Climate Leadership Plan.  The Climate Leadership Team’s mandate was based on four cornerstone objectives: (i) achieving BC’s legislated GHG emission reduction targets; (ii) maintaining a strong economy; (iii) mitigating negative impacts on vulnerable populations; and (iv) maintaining BC’s reputation for world-leading climate policies.

A More Detailed Look: Proposed Options for Ontario’s Cap-and-Trade Program

Posted in Mining
Selina Lee-Andersen

The following post by Selina Lee-Andersen on our Canadian Energy Perspectives blog may be of interest to readers of this blog: A More Detailed Look: Proposed Options for Ontario’s Cap-and-Trade Program

As noted in our earlier posting, the Ontario government announced in April 2015 that it would implement a cap and trade program that would eventually be linked with the existing cap and trade systems in Québec and California.  Following extensive public consultations over the summer, Ontario has released its Cap and Trade Program Design Options paper, which is open for public comment until December 16, 2015. As part of the current consultation process, the Ontario government is seeking input on various elements of the program design including timing, scope of the program, caps on greenhouse gas emissions, allowance distribution, price stability mechanisms, market design features, compliance requirements, flexibility mechanisms and enforcement. Feedback will inform the development of a regulatory proposal for the cap and trade program, which is expected to be tabled in early 2016. This will be followed by another round of public consultations before the cap and trade regulation is finalized.

On the heels of Cap and Trade Consultation Paper, Ontario releases Climate Change Strategy

Posted in Mining
Selina Lee-Andersen

The following post by Selina Lee-Andersen on our Canadian Energy Perspectives blog may be of interest to readers of this blog: On the heels of Cap & Trade Consultation Paper, Ontario releases Climate Change Strategy

Ontario’s climate change policy continues to evolve. In February 2015, Ontario released a Climate Change Discussion Paper to help frame the issues for public consultation and in April 2015, it was announced that Ontario would implement a cap and trade program that would link to the existing cap and trade systems in Québec and California.

At Last: Alberta Unveils its New Climate Leadership Plan

Posted in Aboriginal and Environmental Issues, M&A
Kimberly HowardSelina Lee-AndersenGordon Nettleton

On November 22, 2015, Alberta released its long-awaited Climate Leadership Plan (Climate Plan).  Contemporaneously with the Climate Plan, the Government released the Climate Change Advisory Panel’s (Climate Panel) Report to the Minister, Climate Leadership. As background, previous blogs on the Climate Panel’s mandate and the Climate Leadership Discussion Document can be found here and here.

Continue Reading

BC Environmental Appeal Board Revokes Horn River Basin Water License

Posted in Aboriginal and Environmental Issues
Stephanie AxmannKimberly HowardSelina Lee-Andersen

Readers of this blog may be interested in our article regarding the recent decision of the British Columbia Environmental Appeal Board (Board) in Chief Gale and the Fort Nelson First Nation v. Assistant Regional Water Manager & Nexen Inc et al (Decision No. 2012-WAT-013(c)), in which the Board revoked a water licence issued to Nexen Inc. for the purpose of pumping water from Tsea Lake in BC’s Horn River Basin for storage and use in oilfield injection.

The Board’s decision is noteworthy for its discussion of:

  • the Board’s role in reviewing regulatory approvals and decisions;
  • the purpose of the Water Act;
  • the technical evidence required for a Water Act licence and the deficiencies in the evidence provided by Nexen in support of the Licence; and
  • procedural aspects of the Crown’s duty to consult in the context of treaty rights.

Part 1 and Part 2 of our article are available on McCarthy Tétrault’s Canadian Energy Perspectives blog.