fmc-law.com RSS Feeds - Publications - Mininghttp://www.fmc-law.com/upload_net/rss/en/Mining.xmlThu, 31 May 2012 10:01:27 GMTen-us5In this issue of Focus on Mining, Alan Hutchison considers the challenges that those in the mining industry face when following continuous disclosure practices. A recent Notice of Hearing issued by the British Columbia Securities Commission (“BCSC”) may require mineral exploration companies to re-visit their continuous disclosure practices. On April 24, 2012 the BCSC issued a Notice of Hearing against four current and former directors of Canaco Resources Inc. (“Canaco”) alleging that they breached applicable securities laws in connection with the disclosure of drill results from Canaco’s Magambazi gold exploration project in Tanzania, as well as in connection with certain stock option grants around the same time. While none of these allegations have as yet been proven, certain facts have emerged from both the BCSC’s allegations and Canaco’s public response that merit discussion of common continuous disclosure practices by mineral exploration companies.  Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_on_Mining_Hutchison.aspxFri, 25 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_on_Mining_Hutchison.aspxIn this issue of Focus on Mining, David Hunter, Nalin Sahni and George McKibbon (McKibbon Wakefield Inc.) discuss Canada’s new environmental assessment regime and what miners need to know.  As part of the federal budget, the government has proposed a complete overhaul of federal environmental assessment in Canada. The repeal and re-enactment of the Canadian Environmental Assessment Act (“CEAA”) and amendments to other federal environmental legislation amounts to the most significant change in federal environmental assessment (“EA”) since the legislation was first created decades ago. Read more by clicking the download button.http://www.fmc-law.com/Publications/0512_Focus_On_Mining.aspxThu, 24 May 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0512_Focus_On_Mining.aspxSince 2006, the Government has been working to streamline the review process for major economic projects so that projects proceed in a timely fashion while protecting the environment. For example, in 2010 the Government amended the Canadian Environmental Assessment Act to allow assessments to start sooner and reduce duplication, and created participant funding programs to ensure meaningful public engagement in the review process. These steps have made a difference, but more needs to be done. Currently, companies undertaking major economic projects must navigate a complex maze of regulatory requirements and processes. Approval processes can be long and unpredictable. Delays and red tape often plague projects with few environmental risks. Under the current system, thousands of smaller projects with little or no risk to the environment are caught up in the federal environmental review process. The types of small projects that can be needlessly subjected to lengthy reviews include construction of a new pumping house for the expansion of a maple syrup plant, and the replacement of an existing culvert under a causeway. By forcing these thousands of low-risk projects to go through the review process, the current system draws resources away from projects that have the greatest impact on the environment. This approach is not economically sound or environmentally beneficial. Read more by clicking the download button.http://www.fmc-law.com/Publications/0412_Focus_on_Mining.aspxMon, 02 Apr 2012 06:00:00 GMThttp://www.fmc-law.com/Publications/0412_Focus_on_Mining.aspxIn this article, David Hunter, Nalin Sahni and George McKibbon (McKibbon Wakefield Inc.) discuss the “Drummond Report” on rethinking Provincial governance and Ontario’s economy and its impact on the mining industry. The Drummond Report calls for increased mining taxes and user fees and "a new paradigm for environmental and natural resource programs", licensing, and services that could both hinder and simplify mining development and operations. Read more by clicking the download button.http://www.fmc-law.com/Publications/0312_Hunter_Sahni_Drummond_Report.aspxTue, 06 Mar 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0312_Hunter_Sahni_Drummond_Report.aspxIn this article, David Hunter, Nalin Sahni and George McKibbon (McKibbon Wakefield Inc.) discuss The Ministry of Northern Development and Mines (“MNDM”) revised Draft Class Environmental Assessment for Mining (the “Mining Class EA”). The Mining Class EA replaces two declaration orders on discretionary land tenure decision-making and mine rehabilitation. While the main purpose behind the Mining Class EA is to reduce the environmental impact of mining, those that hoped this document would help resolve competing land use issues and facilitate mining exploration and development may be disappointed. Read more by clicking the download button.http://www.fmc-law.com/Publications/0212_Focus_on_Mining_Draft_Mining_Class_Environmental_Assessment.aspxThu, 09 Feb 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0212_Focus_on_Mining_Draft_Mining_Class_Environmental_Assessment.aspxThe Wahgoshig First Nation (“WFN”) in Northern Ontario has obtained an injunction to temporarily stop Solid Gold Resources Corp. (“Solid Gold”), a junior mining company, from drilling on their First Nation Treaty lands.  In a decision released last week (2011 ONSC 7708 (CanLII)), Justice Brown of the Ontario Superior Court halted all exploration activities for at least 120 days after finding that Solid Gold had repeatedly failed to respond to consultation requests from both WFN and the Ontario Government. While this decision should not come as a surprise to knowledgeable observers, it is important for three reasons: 1) It confirms that as yet there is no Aboriginal veto over mining exploration activities;2) It highlights problems with the Crown’s practice of delegating the consultation to proponents and 3) It reiterates that the “free entry” mining system in Ontario is limited by Aboriginal consultation. Companies that are not mindful of Aboriginal concerns will see their business plans delayed or cancelled. Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_Focus_on_Environmental_Law.aspxWed, 18 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Focus_on_Environmental_Law.aspxThe Wahgoshig First Nation (“WFN”) in Northern Ontario has obtained an injunction to temporarily stop Solid Gold Resources Corp. (“Solid Gold”), a junior mining company, from drilling on their First Nation Treaty lands.  In a decision released last week (2011 ONSC 7708 (CanLII)), Justice Brown of the Ontario Superior Court halted all exploration activities for at least 120 days after finding that Solid Gold had repeatedly failed to respond to consultation requests from both WFN and the Ontario Government. Read more by clicking the download button.http://www.fmc-law.com/Publications/0112_Sahni_Nalin_Hunter_David_Wahgoshig_First_Nation.aspxThu, 12 Jan 2012 07:00:00 GMThttp://www.fmc-law.com/Publications/0112_Sahni_Nalin_Hunter_David_Wahgoshig_First_Nation.aspxThe United States was the first country to enact legislation against bribery of foreign officials with the implementation of the Foreign Corrupt Practices Act in 1977. As a result of investigations made by the Securities and Exchange Commission  in the United States in the mid-1970’s, over 400 U.S. companies admitted making questionable or illegal payments in excess of $300 million to foreign government officials, politicians, and political parties. The abuses ranged from bribery of high foreign officials to secure favourable action by a foreign government to facilitation payments that were allegedly made to ensure that government functionaries discharged certain ministerial or clerical duties. Congress enacted the FCPA to halt the bribery of foreign officials and restore public confidence in the integrity of the American business system. To read more, please click the download button.http://www.fmc-law.com/Publications/011_Monk_Alan_Mining.aspxThu, 24 Nov 2011 07:00:00 GMThttp://www.fmc-law.com/Publications/011_Monk_Alan_Mining.aspxIn this issue of Focus on Mining, FMC Partner Shauna Finlay discusses the recently released Draft Reduction of Carbon Dioxide Emissions from Coal-Fired Generation of Electricity Regulations (the “Draft Regulations”). In summary, the Draft Regulations aim to phase out the use of coal-fired generation units, unless such units are associated with carbon capture storage systems (“CCS”) that enable such generation units to meet the intensity limits set by the Draft Regulations. This raises issues for domestic coal producers that supply coal-fired electrical energy generation units. Read more by clicking the download button.http://www.fmc-law.com/Publications/1011_Focus_Mining.aspxTue, 25 Oct 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/1011_Focus_Mining.aspxThe Canadian Securities Administrators (“CSA”) published, on July 15, 2011, proposed amendments to NI 41 101, General Prospectus Requirements and Companion Policy 41 101CP to NI 41 101 together with other miscellaneous amendments to related instruments.  The 90 day comment period expires October 15, 2011. One of the proposals is to further extend the requirement to file a non issuer “submission to the jurisdiction, and appointment of an agent for service” form to all foreign experts including qualified persons.  It should be noted that these persons are already liable under the CSA statutory liability regime for misrepresentations in the prospectus that are derived from the report, opinion or statement. The proposed amendments to submit to the jurisdiction would also apply to all foreign directors of an issuer. Read more by clicking the download button.http://www.fmc-law.com/Publications/0911_Focus_on_Mining.aspxMon, 12 Sep 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0911_Focus_on_Mining.aspxOn May 12, 2011, the Government of Quebec tabled before the National Assembly Bill 14, a new bill aiming to modernize mining law in Quebec in the wake of the unveiling of the Plan Nord, of which mining development was made a key aspect. Through Bill 14 (entitled: An Act respecting the development of mineral resources in keeping with the principles of sustainable development), the government proposes amendments to mining law to promote the social acceptability of mining activities and the restoration of mining sites. As such, Bill 14 proposes measures which will increase obligations for mining companies significantly and create new restrictions on mining development activities. Read more by clicking the download button.http://www.fmc-law.com/Publications/0611_Focus_On_Mining.aspxTue, 14 Jun 2011 06:00:00 GMThttp://www.fmc-law.com/Publications/0611_Focus_On_Mining.aspx