We are pleased to bring you the newest edition of our popular book, Mining in the Courts, Year in Review. Developed by McCarthy Tétrault, Mining in the Courts, Year in Review, Vol. V provides and overview of legal developments and case law updates on matters that impacted the mining sector in the past year. In this publication, we also offer our perspective and insights on issues important to the mining sector, and is ideal for mining executives and in-house counsel looking to understand the impact of recent decisions on their business and investment strategies.
Please join us on Monday, March 2, 2015 at the 2015 PDAC conference, where our National Mining Group will present a program specifically tailored for in-house counsel and other decision makers in the mining industry. The program will offer panel discussions on the latest legal developments and issues facing mining companies in Canada and abroad.
Topics presented on will include:
¬ Mining in Canada in the wake of the landmark Tsilhqot’in decision on aboriginal title and the Mount Polley Mines Tailings Facility Breach
¬ Emerging issues in anti-corruption laws and policies
¬ Top legal trends in mining M&A and financing
¬ Review of important new court decisions impacting contracts, arbitration and dispute resolution in the mining industry
This program qualifies for up to 2 hours of eligible educational activity or CPD/MCE credit under the mandatory education regimes in British Columbia, Ontario and Québec.
For questions about this seminar, please contact Julie McMartin.
**Please note that you do NOT have to be a registered attendee for the PDAC Conference to attend our presentation. There is no charge to attend our event.**
Kaska Nation announces plans for new Resource Law
On January 27, 2015, the leaders of the Kaska Nation issued a news release and declaration announcing plans to develop a resource law and regulations (Kaska Resource Law). The introduction of the Kaska Resource Law is intended to provide clear direction to resource proponents seeking to operate in the Kaska Nation’s traditional territories. The Kaska Nation is comprised of the Ross River Dena Council, Liard First Nation, Daylu Dena Council, Dease River First Nation and Kwadacha First Nation, whose traditional territories extend over parts of northern British Columbia, southeastern Yukon and southwestern portions of the Northwest Territories. Continue Reading
The following article on the creation of the Société du Plan Nord was published on our firm’s Canadian Energy Perspectives blog and may be of interest to our readers. This corporation established by the Québec government will come into being on April 1, 2015 and its mission will be to contribute to the orderly development of Northern Québec.
On November 14, 2014, the Minister of International Trade announced Canada’s enhanced Corporate Social Responsibility (CSR) Strategy, “Doing Business the Canadian Way: A Strategy to Advance CSR in Canada’s Extractive Sector Abroad”. Like its predecessor, the CSR Strategy applies to all resource companies headquartered in Canada with extractive operations abroad. Continue Reading
On October 14, 2014, the Minister of Energy and Natural Resources and the Minister Responsible for the Northern Plan, Mr. Pierre Arcand, and the Minister of the Economy, Innovation and Exports, Mr. Jacques Daoust, introduced Québec’s strategy to use its electricity surpluses: a 20% discount on the current industrial electricity rates to encourage investments and new projects in the province. Read more.
On September 30, 2014, the Quebec government introduced Bill 11 to create the Société du Plan Nord which will be responsible for, inter alia, the coordination of the implementation of the Plan Nord. We invite readers to see our summary of the Bill’s highlights, originally posted on our firm’s main website.
The Federal Government announced yesterday that it will postpone the application of its mandatory reporting requirements for the extractive sector to payments made to Aboriginal groups for a period of two years. The announcement comes after several months of consultation with industry and Aboriginal groups on the proposed framework. The postponement is intended to provide opportunities for further consultation by government. The government confirmed, however, that it intends to proceed with implementing the balance of the reporting regime.
As we commented earlier, the proposal to extend the reporting requirements to Aboriginal groups promised to be highly controversial and threatened the support government generally received from the extractive industry. This aspect of the proposed reporting requirements exceeded both the recommendations of the Resource Revenue Transparency Working Group and international reporting standards for the extractive industry. See our earlier commentary on the proposed requirements here.
The Tsilhqot’in Nation has announced the release of a draft Mining Policy of the Tsilhqot’in National Government (Policy). The release of the Policy on July 31, 2014 follows the June 26, 2014 decision of the Supreme Court of Canada (SCC) in Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 (Tsilhqot’in). In Tsilhqot’in, the SCC granted a declaration of Aboriginal title to the Tsilhqot’in Nation over an approximately 1700 sq. km tract of land within its traditional territory. This was the first time that Aboriginal title has been declared in Canada. See our article on this decision here.
The Policy is intended to provide guidance to industry and government seeking to undertake development work or stake claims within the traditional territory of the Tsilhqot’in Nation. Notable aspects of the Policy include: Continue Reading
On July 17, 2014, Moody’s Investors Service (Moody’s) released a report on metal streaming transactions, in which it discusses the impact of streaming transactions on the credit profiles of mining companies. Generally, Moody’s views metal streaming transactions as a form of equity investment, rather than debt financing. This is in contrast to criteria released by Standard & Poor’s (S&P) in 2013, which characterize the upfront payment aspect of metal streaming transactions as debt. Continue Reading