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|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...
|National Instrument 43-101: Part 2 - What Issuers Need to Know About Terminology|
Gregory Hogan, Alexander Pizale; Cassels Brock & Blackwell LLP;
August 30, 2014, previously published on July 10, 2014This is the second instalment in our periodic series on National Instrument 43-101.
|Tsilhqot’in Nation Releases Draft Mining Policy|
Sam Adkins, Stephanie Axmann; McCarthy Tétrault LLP;
August 14, 2014, previously published on August 7, 2014The 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,...
|Creating Conditions for Budget Revenue Increase and Tax Fairness|
Dentons Canada LLP;
July 31, 2014, previously published on July 23, 2014 The draft “Law on Amendments to the Tax Code of Ukraine and Some Other Legislative Acts of Ukraine” was registered by the Verkhovna Rada of Ukraine on 22 July 2014 under number 4309¿.
|Moody’s Provides Guidance on Metal Streaming Transactions|
Patrick Deutscher, Roger Taplin; McCarthy Tétrault LLP;
July 30, 2014, previously published on July 21, 2014On 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...
|Third Circuit Finds MSHA Jurisdiction Governs Pennsylvania Coal Preparation Facility|
Sutherland Asbill Brennan LLP;
July 24, 2014, previously published on July 18, 2014The new owner of a Pennsylvania custom coal preparation facility that the Federal Mine Safety and Health Administration (MSHA) regulated since 1977 challenged whether MSHA properly had jurisdiction over the plant, and instead contended that it should be regulated by OSHA. The Federal Mine Safety...
|Implications of the Supreme Court Decision on Aboriginal Title|
Wally Braul, Radha D. Curpen, Jessica E. Mathewson, E. Bruce Mellett, Brian Monaco; Bennett Jones LLP;
July 17, 2014, previously published on July 2, 2014On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. The decision marks the first time that Aboriginal title has been granted - until now, the concept existed only in theory.
|Aboriginal Law Update: The SCC Rules That Ontario Can “Take Up” Land in Treaty 3 Territory Without Canada’s Approval|
Brian P. Dominique, Linda I. Knol; Cassels Brock & Blackwell LLP;
July 17, 2014, previously published on July 14, 2014On July 11, 2014, the SCC unanimously ruled that the Government of Ontario has the authority to ¿take up¿ land in the Keewatin Territory so as to limit First Nations¿ harvesting rights under Treaty 3 without requiring the approval of Canada. The SCC further held that provinces have the authority to...
|R v Karigar, 2014 ONSC 3093|
Dentons Canada LLP;
July 2, 2014, previously published on June 2, 2014For the first time in Canada, an individual has been sentenced to jail time for bribing a foreign public official. The three-year penitentiary sentence was handed down by the Ontario Court of Justice under the Corruption of Foreign Public Officials Act, SC 1998, c 34 (the “CFPOA”).