Mining Prospects

Trends and Developments in Mining Law in Canada and Internationally

Québec government proposes a discount on industrial electricity rates

Posted in Power

The following post by Louis-Nicolas Boulanger and Franck Marvel Ngandui on the Canadian Energy Perspectives blog may be of interest to readers of this blog:

Québec Government Proposes a Discount on Industrial Electricity Rates

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.

Quebec Introduces An Act respecting the Société du Plan Nord

Posted in Aboriginal and Environmental Issues, Mining
Louis-Nicolas BoulangerDaniel Bénay

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.

Government announces postponement of mandatory reporting of payments to Aboriginal groups

Posted in Mining
Sam AdkinsStephanie Axmann

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.

Tsilhqot’in Nation releases draft Mining Policy

Posted in Mining
Sam AdkinsStephanie Axmann

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

Moody’s Provides Guidance on Metal Streaming Transactions

Posted in Corporate Finance, Mining, Project Development, Commercial Arrangements and Agreements
Roger TaplinPatrick Deutscher

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

Grassy Narrows First Nation v. Ontario (Natural Resources) – SCC affirms Ontario’s taking up of treaty lands for resource development purposes

Posted in Aboriginal and Environmental Issues, Litigation, Mining
Sam AdkinsStephanie Axmann

On July 11, 2014, the Supreme Court of Canada (SCC) released its decision in Grassy Narrows First Nation v. Ontario (Natural Resources), 2014 SCC 48. In a unanimous judgment written by Chief Justice McLachlin, the SCC upheld the decision of the Ontario Court of Appeal (ONCA) in Keewatin v. Ontario (Natural Resources), 2013 ONCA 158 in its entirety, confirming that valid provincial laws over forestry, mining, settlement and other matters continue to apply in Treaty 3 territory in Ontario and are entirely consistent with the terms of Treaty 3. Our analysis of the ONCA’s decision and the background of this case is available here.

Grassy Narrows will be viewed as a positive decision from the perspective of government and industry, as it resolves considerable uncertainty that had been created by the lower court decision (2011 ONSC 4801). Based on its interpretation of Treaty 3, the lower court had suggested that Ontario could not “take up” lands in the Keewatin area of Ontario absent a two-step process requiring prior authorization of the federal government. This would have had the practical effect of essentially freezing Ontario’s independent authority to regulate resource development on those lands, despite such matters falling squarely within its provincial jurisdiction in the Constitution Act, 1867. Continue Reading

Aboriginal title declared in historic SCC decision, Tsilhqot’in Nation v. British Columbia

Posted in Aboriginal and Environmental Issues
Sam AdkinsStephanie AxmannSelina Lee-Andersen

On June 26, 2014, the Supreme Court of Canada (SCC) released its highly anticipated decision in Tsilhqot’in Nation v. British Columbia.[1] In this ground-breaking decision, Canada’s highest court granted a declaration of Aboriginal title over a tract of Crown lands to the Tsilhqot’in Nation (Tsilhqot’in) of the west central interior of British Columbia. This is the first time in Canadian history that Aboriginal title has been definitively established and affirmed.

In allowing the appeal of the Tsilhqot’in from the decision of the British Columbia Court of Appeal (BCCA) in William v. British Columbia,[2] the SCC has: (a) clarified the law as it pertains to the establishment of Aboriginal title and the nature of such title; (b) addressed how the establishment of Aboriginal title affects the Crown’s duty to consult with Aboriginal peoples; and (c) clarified how provincial (and federal) legislation may apply to lands subject to Aboriginal title, and if necessary, infringements may be justified. Continue Reading

$1 Billion Investment in Ring of Fire

Ontario Commits $1 Billion to Development of Ring of Fire Infrastructure

Posted in Aboriginal and Environmental Issues, Mining
Will FyfeLynn Parsons

The Government of Ontario announced today that it will commit $1 billion toward the development of infrastructure in the so called “Ring of Fire” in Ontario’s far north. As discussed here, private investment in the region has been slow in part because of a lack of transportation and power transmission infrastructure. According to Northern Miner, approximately $2.25 billion needs to be invested to facilitate the development of the region. While the Government of Ontario hopes that the Federal Government will match its contribution, it is currently unclear whether federal funding can be expected.

Keep visiting our blog for further updates.

Landmark Ring of Fire Framework Agreement

Matawa First Nations and Ontario sign Landmark Framework Agreement

Posted in Aboriginal and Environmental Issues, Mining

The following Canadian Energy Perspectives blog post by Stephanie Axman, William Fyfe and Gary Litwack may be of interst to readers of this blog: Landmark Ring of Fire Framework Agreement

On March 26, 2014, the Government of Ontario and the group of nine Aboriginal communities known as the Matawa member First Nations entered into a “Regional Framework Agreement” for the development of the so-called “Ring of Fire” in northern Ontario. This long-awaited agreement is expected to be a crucial step forward in the development of the Ring of Fire, a remote area of northern muskeg that is considered to have $60 billion worth of known mineral potential and includes North America’s largest chromite deposit. → Read more.

Patent Law Historical Observations: Oil and Gas

Posted in Intellectual Property

Timothy EllamSteven TannerThe following snIP/ITs blog post by Steven Tanner and Timothy Ellam may be of interest to readers of this blog:

Patent Law Historical Observations: Oil and Gas

We recently posted an article reviewing the year past in oil and gas patent litigation. We analyzed new Federal Court cases and issued decisions and provided commentary on future implications. You can read that article here.This article continues that analysis by looking backwards in time; specifically to oil and gas patent litigation for the years 2009-2012. What conclusions can be drawn if we look at a 5-year window of time? The short answer is that 2013 was as busy a year for oil and gas patent litigation as the previous four years combined. For the 2009-2012 time frame, there were 12 patent cases filed in the Federal Court and Federal Court of Appeal relating to oil and gas patent litigation. Six oil and gas patent infringement decisions were rendered by the Federal Court and Federal Court of Appeal in that same timeframe. What kinds of cases are being filed? Read more.