
McCarthy Tétrault » Mining Prospects Blog
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This blog discusses trends and developments in mining law in Canada and internationally; offers practical suggestions and insights on developments that affect the players in the industry; and provides guidance on how to address various challenges and opportunities in the life cycle of mining companies.
McCarthy Tétrault » Mining Prospects Blog
10M ago
On April 16, 2024, Canada’s Deputy Prime Minister and Minister of Finance, Chrystia Freeland, delivered the Liberal Government’s federal budget, Fairness for Every Generation (Budget 2024). The most notable tax measure in Budget 2024 is the proposal to increase the capital gains inclusion rate from one-half to two-thirds, for capital gains realized on or after June 25, 2024. This measure will apply to all capital gains realized by corporations and trusts, but only will apply to individuals in respect of the portion of capital gains realized in the year that exceeds $250,000 ..read more
McCarthy Tétrault » Mining Prospects Blog
11M ago
Canada’s Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Supply Chains Act”) came into force on January 1, 2024 and many mining companies with a connection to Canada will be required to report by the May 31st, 2024 deadline mandated by the Act, and in the case of federally-incorporated companies, possibly even sooner ..read more
McCarthy Tétrault » Mining Prospects Blog
1y ago
McCarthy Tétrault » Mining Prospects Blog
1y ago
On May 8, 2023, Mexico enacted comprehensive changes to its mining and water laws. The changes reserve most new mineral exploration activities in Mexico to the Mexican state, require all new mining concessions to be granted pursuant to a public tendering process, reduce the duration of mining concessions, limit each new mining concession to a single mineral, impose new indigenous consultation requirements and new environmental safeguards, create new closure bonding requirements, eliminate legal procedures allowing miners to access surface properties, and generally tighten the requirements for ..read more
McCarthy Tétrault » Mining Prospects Blog
2y ago
On March 28, 2023, Canada’s Deputy Prime Minister and Minister of Finance, Chrystia Freeland, delivered the Liberal Government’s federal budget, “A Made-in-Canada Plan: Strong Middle Class, Affordable Economy, Healthy Future” (“Budget 2023 ..read more
McCarthy Tétrault » Mining Prospects Blog
2y ago
In the past four years, there have been marked political shifts in most of the major mining jurisdictions in Latin America. In most countries, these changes have intensified the political risks faced by Canada-based companies with local operations. This primer briefly examines the topic of political risk before providing an overview of the political context in Latin America and then discussing some strategies that may be used by Canadian miners to mitigate risks ..read more
McCarthy Tétrault » Mining Prospects Blog
2y ago
Last year we wrote about Justice Belobaba’s decision on the merits of this secondary market securities class action, which was reported at Wong v. Pretium Resources Inc., 2021 ONSC 54. The decision was instructive. Courts had spilled a great deal of ink on a “reasonable possibility of success” when granting leave to assert the statutory cause of action for secondary market misrepresentation. More than a speed bump but not the Matterhorn, and that sort of thing. But when the plaintiff in Wong was obliged to prove his case on a balance of probabilities, he came up sh ..read more
McCarthy Tétrault » Mining Prospects Blog
2y ago
On April 14, 2022, the Canadian Securities Administrators (the “CSA”) published Consultation Paper 43-401 – Consultation on National Instrument 43-101 Standards of Disclosure for Mineral Projects (the “Consultation Paper”) for a comment period of 90 days.  ..read more
McCarthy Tétrault » Mining Prospects Blog
3y ago
O.K. Industries Ltd. v. District of Highlands (“Highlands”) marks the first time a court applied the correctness standard of review to a question falling outside the categorical exceptions established by the Supreme Court of Canada (“SCC”) in Canada (Minister of Citizenship and Immigration) v. Vavilov (“Vavilov”). The Court of Appeal for British Columbia (“BCCA”) found that the rule of law in general required a departure from the presumption of reasonableness in circumstances involving a complex question of statutory interpretation that had significant legal consequences on prov ..read more