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|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’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...
|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...
|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,...