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|Transparency Initiatives in the Extractive Sector|
Michael Brown, Jay F. King, Joyce Lim; Cassels Brock & Blackwell LLP;
January 10, 2015, previously published on November 10, 2014On October 23, 2014, the Federal Government of Canada introduced Bill C-43, which included the Extractive Sector Transparency Measures Act. The Act will require disclosure by entities in the extractive sector of payments made to government entities through a number of new annual reporting...
|Incrementalism and Good Faith in Contract Law - The New Duty of Honesty (And Beyond?)|
Tom (Thomas) P. O'Leary, Ejeme Okhiria; Dentons Canada LLP;
January 10, 2015, previously published on December 3, 2014 The Supreme Court of Canada’s (SCC) recent decision in Bhasin v. Hrynew 2014 SCC 71 (Bhasin) attempts to both clarify and extend the role of good faith in contract law. At the same time, the SCC also strongly endorsed a cautious and incremental approach to the development of the common law.
|Optional Safety Features: Let the Sophisticated Purchaser Decide|
Joseph P. Wodarski; Wilson Elser Moskowitz Edelman & Dicker LLP;
November 8, 2014, previously published on May 14, 2014Products used in an industrial setting, such as forklift trucks, are typically designed to offer the purchaser the option of choosing certain safety features and excluding others that are available. The particular setting where the product will be used (its operating environment) will dictate which...
|Environmental Appeal Board Punishes Appellant for Bad Behaviour|
Nicholas Hughes; McCarthy Tétrault LLP;
October 28, 2014, previously published on October 21, 2014On September 15, 2014, the British Columbia Environmental Appeal Board (Board), in a rare exercise of its powers, awarded costs against an appellant in Seaspan ULC v. Director, Environmental Management Act, Decision Nos. 2010-EMA-005(c) and 2010-EMA-006(c). In a comprehensive 43-page decision, the...
|Supreme Court of India Cancels 214 Coal Block Allocations|
Saionton Basu; Duane Morris LLP;
October 7, 2014, previously published on October 1, 2014In a judgment delivered on 24 September 2014, the Supreme Court of India cancelled 214 coal block allocations that had been in place since 1993. Out of the 214 cancelled allotments, 42 coal blocks with end-use plants that were already functional or were about to become functional, have been allowed...
|Issues in Relation to Mining Projects in Burkina Faso|
Sarai Jacob, Rachel Speight; Mayer Brown International LLP;
September 30, 2014, previously published on September 30, 2014Burkina Faso has been ranked by the Fraser Institute as one of the top five most attractive African countries for mining investment.
|Canada Announces New Economic Sanctions Against Russia|
John W. Boscariol; McCarthy Tétrault LLP;
September 26, 2014, previously published on September 17, 2014Today, Canada published a number of changes to its sanctions measures against Russia, which include asset freezes and travel bans against certain officials in the Russian Armed Forces and restrictions on dealing with additional Russian arms manufacturers and one financial institution. The measures...
|Canada’s Foreign Investment Protection Agreement With China Takes Effect on October 1, 2014|
John W. Boscariol; McCarthy Tétrault LLP;
September 26, 2014, previously published on September 16, 2014The Canadian government has announced that the bilateral investment treaty (BIT) between China and Canada has now been ratified and will come into force on October 1, 2014, more than two years after the agreement was concluded and signed by the two countries. The BIT contains substantive...
|Ontario Court Affirms Crown’s Delegation of Consultation to Proponent under Mining Act|
Stephanie Axmann, Geoff R. Hall; McCarthy Tétrault LLP;
September 12, 2014, previously published on September 9, 2014On August 28, 2014, in Wabauskang First Nation v. Minister of Northern Development and Mines (Wabauskang), the Ontario Divisional Court (Court) dismissed a judicial review application brought by Wabauskang First Nation (WFN) against the Ontario Ministry of Northern Development and Mines (Ministry)...
|Canada Delays Mandatory Disclosure of Resource Payments to First Nations for Two Years: Delay and Provincial Support for Scheme Clears Way for Legislation this Fall|
Graham Erion; Davis LLP;
September 4, 2014, previously published on September 2, 2014Canada’s move towards mandatory reporting of resource payments by mining and oil & gas companies to host governments got a big push recently at a meeting of provincial and territorial resource ministers. First, all provinces and territories endorsed the federal government’s plan to...