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Mining is a complex, global business. While the demand for raw materials continues unabated, commodity prices are continually fluctuating, and capital investments in mining projects are relentlessly scrutinized. Projects are often undertaken as joint ventures between multiple parties in increasingly remote areas where there are unfamiliar regulatory regimes. In such an environment, the risks are high, and disputes frequently arise, necessitating the expertise and counsel of a reputed mining law firm.
McMillan’s Mining Industry Group has been advising Canadian and international clients since the late 1920s. We play a crucial role in putting Canadian companies at global centre stage in mining activity and financing. Our clients include junior exploration companies, intermediate and senior producers, financial institutions, professional geoscientist organizations and investment dealers involved in exploration and mine financing in Canada and around the world.
We also work with engineers, First Nations, foreign governments, regulators, stock exchanges, domestic governments and professional advisors, bringing a complete perspective to every client matter. Our expertise in environmental and natural resources law and indigenous law have earned us experience in negotiating earn-in, joint venture operating, strategic alliance, royalty and metal streaming agreements. We’re involved in exploration, development, project finance and production transactions, and advise mining clients concerning employment, environmental and corporate social responsibility, mine closure and reclamation issues.
Our mining lawyers with deep domain expertise in energy, environmental and natural resources law frequently collaborate with our banking, corporate, securities, litigation and tax practices, enabling us to offer comprehensive business strategies that effectively deal with the industry’s rapid pace of change.
We’re also the only Canadian business law firm with a partnering government relations agency, McMillan Vantage Policy Group, consisting of several highly accomplished advisors and senior counsel from the Canadian public service who have relationships in numerous countries around the world.
Through this collaboration, we offer our clients comprehensive business strategies that effectively deal with the industry’s rapid pace of change.
This Bulletin considers how limitation periods apply to environmental claims in Ontario and how to reduce the risk of missing one.
British Columbia’s Energy Statutes Amendment Act makes sweeping changes to the regulation of energy in British Columbia.
On November 3, 2022, the Canadian Securities Administrators published Staff Notice 51-364 Continuous Disclosure Review Program Activities for 2022 and 2021.
Mining firms are vulnerable to cybersecurity attacks but through incident response planning can minimize the risk of exposure.
Canada announces that consultations on a possible "foreign agent registry" will begin soon. What is that and how is it different from a lobbying law?
The Canadian federal government introduced Bill C-34, An Act to Amend the Investment Canada Act, to modernize Canada’s national security regime.
The CSA cautions issuers against overly promotional "greenwashing" language in continuous disclosure in its biennial report - Staff Notice 51-364.
The government’s approach to reviewing foreign investment is evolving, with an increased focus on national security concerns.
Canada Revenue Agency Issues Guidance on 30% Critical Mineral Exploration Tax Credit and Certification Requirements
While every company strives to achieve constructive relations with regulators, sometimes this is not enough. In such cases, understanding the rules that apply to regulators and the limits of their powers can be essential to levelling the playing field.
What do non-treaty agreements mean for people or companies that may be affected by them.
Companies may be affected by updated requirements under the Endangered Species Act, including prohibitions on harming new species at risk and related exemptions.
CDOR to cease being published after June 28, 2024; Term CORRA to be potentially created; market participants need to prepare for end of CDOR now.
On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.
Alberta's Energy Regulator taking steps to better understand cryptocurrency mining operations occurring alongside AER-regulated operations.
NI 43-101 - The CSA seeks feedback from stakeholders on the efficacy of the mineral disclosure framework and the appropriateness of changing the regime.
The Federal Court confirms that a line of latitude or longitude can be considered a "place of origin" under the Trademarks Act.
Investments by Russian investors will be subject to enhanced scrutiny and prolonged timelines.
A discussion of the recent British Columbia Court of Appeal decision relating to the extension of an interlocutory injunction.
An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.
A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.
Canadian securities regulators announce pilot program permitting a "well-known seasoned issuer" to streamline the filing of a base shelf prospectus process.
Ontario Court of Appeal - construction project liability under OHSA despite retaining a constructor responsible for health & safety.
A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.
Certification denied in DRAM class action.
Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.
McMillan Bulletin Proposed National Instrument 51-107 Disclosure of Climate-related Matters Canadian Securities Administrators Climate Change Disclosure
On the eve of the 2021 United Nations Climate Change Conference, six of Canada’s largest banks announced they had signed on to the Net-Zero Banking Alliance.
On June 10, 2021, the Standing Committee of the Chinese National People’s Congress passed the Chinese Anti-Foreign Sanctions Law.
On August 9, 2021, Canada announced sectoral sanctions under the Special Economic Measures Act (“SEMA”) against Belarus.
Shareholder engagement on climate-related matters continues to grow across the globe, including Canada, these issues are a key focus area for public companies
The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.
Capital market developments from the CSA regarding non-GAAP financial information.
Legal news bulletin discussing recent changes to ICMA Green Bond Principles.
Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act Criminal Code of Canada?
Climate, Credit & Canada - Growth of Green Bonds, Sustainability-Linked Credit and Net-Zero Banking
Taking Stock of Governance — Understanding Emerging ESG, Regulatory, and Market Trends
Update on developments in nuclear energy and small modular nuclear reactors in Canada, including the memorandum of understanding that was recently signed.
Taking Stock of Governance — Understanding Emerging ESG, Regulatory, and Market Trends (adapted to the Province of Québec)
Across Canada, entrepreneurs are striving to develop technologies to reduce greenhouse gas emissions, improve environmental sustainability, and provide other climate-related solutions to the domestic and international markets.
Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months
How reverse vesting orders (RVOs) offer another tool for realizing value for stakeholders in Companies' Creditors Arrangement Act (CCAA) proceedings.
Ontario’s new On-Site and Excess Soil Management Regulation, O. Reg 406/19 may impact existing and future construction contracts
The government of Canada is proposing significant changes to the Canadian Environmental Protection Act, 1999 through the introduction of Bill C-28.
This article provides an overview of the legal issues employers need to consider when implementing remote working in Canada.
In a decision released March 25, 2021, the Supreme Court of Canada ruled that the Greenhouse Gas Pollution Pricing Act is constitutional.
On March 24, 2021, Canada’s Minister of Innovation, Science and Industry announced that the government updated its National Security Guidelines.
FCA announces dates for the official cessation and loss of representativeness of LIBOR. Implications for Lenders.
IBA and FCA expected to make announcement about the official cessation of LIBOR. Timelines for ceasing new issuances of LIBOR loans.
There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?
Canada blocked Shandong Gold's acquisition of TMAC Resources following a national security review under the Investment Canada Act.
Practical considerations for private placements when raising capital in mining
The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats
Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.
The New Arbitration Act came into force on September 1, 2020 and this article explains its significant changes to the former Act, closing gaps and deficiencies.
Ontario Minister of Environment, Parks and Conservation announced that its Emissions Performance Standards (EPS) program has been accepted by federal government
Canada's governmental and regulatory bodies have taken steps to temporarily alter legal requirements in light of COVID-19 to lessen the burden on businesses.
Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.
Overview of Alberta's Bill 31- Passed on July 23, 2020: amending statutory definitions of minerals and clarify treatment of silica sand.
This article discusses the government's proposal to extend the time for junior mining companies to spend amounts raised on issuance of flow-through shares.
Review and analysis of recent developments where parties try to rely on MAE clauses as a mechanism to avoid closing a transaction.
Review of the BC Emerging Economy Task Force Report and how BC companies can position themselves to take advantage of the emerging economy of the future.
How each Province is managing the impact of COVID-19 by restricting construction activities, suspending litigation time periods and recommending H&S practices
Analysis and guidance on how BC companies can benefit from the BC Innovation Commissioner's recommendations and help make BC a technology powerhouse.
Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.
Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations
What you need to know about the Alberta Government's Bill 12 in relation to Liabilities Management Statutes Amendment Act, 2020.
Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.
Contractual clauses, Permits & Inspections, Health & Safety, Labour, Litigation, Arbitration & Court Procedures,
Limitation Periods, Liens & Holdbacks
Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.
The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.
Restructuring options and challenges in the time of COVID-19.
Description of proposed modern slavery legislation in Canada that aims to address the issue of forced and child
labor in supply chains.
In its 5-4 decision in Nevsun Resources Ltd., the Supreme Court of Canada has given Canadian courts the green light to develop new forms of civil liability.
Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions
The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.
Investigation findings of the Office of the Privacy Commissioner highlight issues surrounding the use of personal contact information posted on websites
A standard determination of the market value of expropriated property can be a contentious, drawn out process where the property is environmentally contaminated
Canadian Pacific Railway (“CP”) has significantly reduced its operating ratio in the past few years.
The Canadian Transportation Agency (Agency) has issued a Determination (see the Agency’s corresponding announcement here) following its investigation into freight rail service in the Vancouver area.
On April 1, 2019, the Canadian Transportation Agency (“Agency”) announced the publication of proposed regulations (the “Proposed Regulations”) in the Canada Gazette to implement certain aspects of the Transportation Modernization Act (Bill C-49) (“TMA”).
On December 13, 2018, Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, otherwise known as the Budget Implementation Act was given royal assent.
The Securities and Exchange Commission's new rule amendments seek to modernize the property disclosure requirements for mining registrants in the United States.
This bulletin provides an overview of the new breach reporting requirements.
The ASC has updated ASC Rule 72-501 Distributions to Purchasers Outside Alberta and its companion policy to facilitate cross-border investment.
An update to our December 2017 article, where some of the most significant substantive changes to the Construction Lien Act (the "CLA") are considered.
Today marks the first anniversary of the start of what was likely the most acrimonious proxy fight in Canada in 2017.
Winter is coming – and so is Ontario's new Construction Act
Key Corporate Governance and Disclosure Developments in 2017
Investment Canada Act Threshold Increases to $1 Billion (Cdn)
Regulators Rethink "Best Interest" Standard for Registrants
Bill C-49: Government of Canada Proposes to Amend the Canada Transportation Act
CSA Publish Final Proxy Voting Protocols
Arbitration Clauses and Shareholder Disputes: Clarity from the Ontario Court of Appeal
Federal Government Issues Guidance under the Extractive Sector Transparency Measures Act
Is Your Investor Presentation NI 43-101 Compliant? CSA Staff Notice 43-309 Review of Website Investor Presentations by Mining Issuers Provides Some Guidance
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