Mining

MINING

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.

Primary Contacts

View All Contacts

Paul Collins

Partner, Capital Markets & Securities

Toronto

paul.collins@mcmillan.ca Phone

416.307.4050

Georges Dubé

Partner, Capital Markets & Securities

Toronto

georges.dube@mcmillan.ca Phone

416.865.7876

Cory Kent

Office Management Partner, Vancouver
Partner | Capital Markets & Securities

Vancouver

cory.kent@mcmillan.ca Phone

604.691.7446

Kathy A. Martin

Partner, Financial Services

Toronto

kathy.martin@mcmillan.ca Phone

416.865.7889

News

Insights (96 Posts)

Just the Facts Please! A Discussion of Limitation Periods for Environmental Claims

This Bulletin considers how limitation periods apply to environmental claims in Ontario and how to reduce the risk of missing one.

Feb 2, 2023

The Energy Statutes Amendment Act – British Columbia Welcomes the Hydrogen Industry

British Columbia’s Energy Statutes Amendment Act makes sweeping changes to the regulation of energy in British Columbia.

Feb 1, 2023

Canadian Securities Administrators Comment on Disclosure Related to Mineral Projects and Technical Reports

On November 3, 2022, the Canadian Securities Administrators published Staff Notice 51-364 Continuous Disclosure Review Program Activities for 2022 and 2021.

Jan 24, 2023

Cybersecurity Threats to the Canadian Mining Industry: Is your Business Ready?

Mining firms are vulnerable to cybersecurity attacks but through incident response planning can minimize the risk of exposure.

Jan 10, 2023

A Foreign Affair at Home Not Abroad – Canada to Consult on the Merits of a Foreign Agent Registry

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?

Jan 9, 2023

Modernization of the Investment Canada Act is Underway

The Canadian federal government introduced Bill C-34, An Act to Amend the Investment Canada Act, to modernize Canada’s national security regime.

Dec 12, 2022

Reporting Issuers Need to be Factual and Balanced, Striving for Accurate and Comprehensive ESG reporting

The CSA cautions issuers against overly promotional "greenwashing" language in continuous disclosure in its biennial report - Staff Notice 51-364.

Nov 30, 2022

Foreign Investment in Canada: Minerals are Critical and Annual Report Released

The government’s approach to reviewing foreign investment is evolving, with an increased focus on national security concerns.

Nov 7, 2022

CRA Issues Guidance on Critical Mineral Exploration Tax Credit and Certification Requirements

Canada Revenue Agency Issues Guidance on 30% Critical Mineral Exploration Tax Credit and Certification Requirements

Oct 19, 2022

Can they really do that? Understanding the limits of governmental permitting and compliance powers

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.

Details

Wednesday, November 9, 2022

Are First Nation Shared Decision-Making and Collaboration Agreements Being Used Illegally?

What do non-treaty agreements mean for people or companies that may be affected by them.

Aug 9, 2022

Developers Beware: Changes to O. Reg. 242/08 Under the Endangered Species Act and What They Mean for Projects Already Underway

Companies may be affected by updated requirements under the Endangered Species Act, including prohibitions on harming new species at risk and related exemptions.

Jul 5, 2022

June 28, 2024 – CDOR will be no more

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.

Jun 21, 2022

Jurisdictional Battle Over The Environment Continues – Canada’s Impact Assessment Legislation Found Unconstitutional

On May 10, 2022, the Alberta Court of Appeal ruled that the federal Impact Assessment Act and related Physical Activities Regulations are unconstitutional.

May 25, 2022

Drilling Down on Crypto: AER Cryptocurrency Mining Bulletin and Information Request

Alberta's Energy Regulator taking steps to better understand cryptocurrency mining operations occurring alongside AER-regulated operations.

May 4, 2022

Canadian Securities Administrators Considering Key Provisions of Mineral Disclosure Requirements

NI 43-101 - The CSA seeks feedback from stakeholders on the efficacy of the mineral disclosure framework and the appropriateness of changing the regime.

Apr 20, 2022

Latitude Check: Federal Court Finds that a Line of Latitude is a Place of Origin

The Federal Court confirms that a line of latitude or longitude can be considered a "place of origin" under the Trademarks Act.

Apr 5, 2022

Canada Issues Policy Statement on Investments Linked to Russia under the Investment Canada Act

Investments by Russian investors will be subject to enhanced scrutiny and prolonged timelines.

Mar 9, 2022

BC’s Court of Appeal Wades into Fairy Creek

A discussion of the recent British Columbia Court of Appeal decision relating to the extension of an interlocutory injunction.

Feb 1, 2022

Mandatory COVID-19 Vaccination Policy Upheld

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.

Jan 12, 2022

Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols

A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.

Jan 12, 2022

Pilot Well-Known Seasoned Issuer Program Announced

Canadian securities regulators announce pilot program permitting a "well-known seasoned issuer" to streamline the filing of a base shelf prospectus process.

Dec 13, 2021

A Rock and a Hard Place: Owner, Employer, and Constructor Liability Under the OHSA

Ontario Court of Appeal - construction project liability under OHSA despite retaining a constructor responsible for health & safety.

Dec 3, 2021

Mandatory Vaccination Policy: “Reasonable, Enforceable”

A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.

Nov 11, 2021

Certification Denied: An Important Win for Competition Class Action Defendants

Certification denied in DRAM class action.

Nov 10, 2021

Privacy Commissioner Releases More Guidance for Video Teleconferencing Companies

Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.

Nov 3, 2021

CSA Propose Standardized and Reinforced Climate-Related Disclosure — Primer on Proposed National Instrument NI 51-107 Disclosure of Climate-related Matters

McMillan Bulletin Proposed National Instrument 51-107 Disclosure of Climate-related Matters Canadian Securities Administrators Climate Change Disclosure

Oct 25, 2021

Major Canadian Banks Join Net-Zero Banking Alliance (NZBA) — Unpacking the Initiative and Net-Zero Commitments

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.

Oct 21, 2021

China’s New Sanctions Blocking Regime: Should Canadian Businesses in Hong Kong Be Worried?

On June 10, 2021, the Standing Committee of the Chinese National People’s Congress passed the Chinese Anti-Foreign Sanctions Law.

Sep 1, 2021

Beware of Petroleum and Potassium from Belarus! Canada Imposes New Sectoral Sanctions

On August 9, 2021, Canada announced sectoral sanctions under the Special Economic Measures Act (“SEMA”) against Belarus.

Aug 15, 2021

“Say on Climate” — Key Considerations in Implementing Shareholder Votes on Climate

Shareholder engagement on climate-related matters continues to grow across the globe, including Canada, these issues are a key focus area for public companies

Jul 16, 2021

Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021

The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.

Jun 30, 2021

Making Sense of Non-GAAP Financial Measures

Capital market developments from the CSA regarding non-GAAP financial information.

Jun 30, 2021

ICMA Green Bond Principles Undergo Minor Facelift

Legal news bulletin discussing recent changes to ICMA Green Bond Principles.

Jun 17, 2021

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act or the Criminal Code of Canada?

Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act Criminal Code of Canada?

Jun 15, 2021

Climate, Credit & Canada – Growth of Green Bonds, Sustainability-Linked Credit and Net-Zero Banking

Climate, Credit & Canada - Growth of Green Bonds, Sustainability-Linked Credit and Net-Zero Banking

Jun 7, 2021

Taking Stock of Governance — Understanding Emerging ESG, Regulatory, and Market Trends

May 26, 2021

Charging Ahead: Alberta and Saskatchewan Joining Forces with Ontario and New Brunswick on Small Modular Reactors

Update on developments in nuclear energy and small modular nuclear reactors in Canada, including the memorandum of understanding that was recently signed.

May 26, 2021

Taking Stock of Governance — Understanding Emerging ESG, Regulatory, and Market Trends (adapted to the Province of Québec)

May 26, 2021

Primer on Canadian Federal and Provincial Cleantech Funding Programs

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.

May 25, 2021

Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports

Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months

May 25, 2021

Reverse Vesting Orders – A Powerful Tool for Maximizing Recovery in Complex Insolvencies

How reverse vesting orders (RVOs) offer another tool for realizing value for stakeholders in Companies' Creditors Arrangement Act (CCAA) proceedings.

May 19, 2021

Ontario’s New Excess Soil Regulations – Construction Contract Implications

Ontario’s new On-Site and Excess Soil Management Regulation, O. Reg 406/19 may impact existing and future construction contracts

May 5, 2021

Significant Changes to Canada’s Federal Environmental Protection Regime Proposed

The government of Canada is proposing significant changes to the Canadian Environmental Protection Act, 1999 through the introduction of Bill C-28.

Apr 28, 2021

Global Remote Working – What Employers Need to Know

This article provides an overview of the legal issues employers need to consider when implementing remote working in Canada.

Mar 29, 2021

Supreme Court of Canada Upholds Federal Carbon Pricing Regime

In a decision released March 25, 2021, the Supreme Court of Canada ruled that the Greenhouse Gas Pollution Pricing Act is constitutional.

Mar 29, 2021

Canadian Government Expands National Security Guidance

On March 24, 2021, Canada’s Minister of Innovation, Science and Industry announced that the government updated its National Security Guidelines.

Mar 25, 2021

LIBOR Newsflash: FCA Announces Dates for Official Cessation and Loss of Representativeness of LIBOR

FCA announces dates for the official cessation and loss of representativeness of LIBOR. Implications for Lenders.

Mar 10, 2021

LIBOR Newsflash: Announcement on Official Cessation of LIBOR is Expected Soon

IBA and FCA expected to make announcement about the official cessation of LIBOR. Timelines for ceasing new issuances of LIBOR loans.

Feb 18, 2021

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

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?

Dec 23, 2020

Canada Freezes Shandong out of the Arctic

Canada blocked Shandong Gold's acquisition of TMAC Resources following a national security review under the Investment Canada Act.

Dec 22, 2020

Raising Capital in Mining? Practical Considerations for Private Placements

Practical considerations for private placements when raising capital in mining

Nov 2, 2020

Canada’s New Cybersecurity Certification Goes Live

The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats

Oct 13, 2020

Ontario Employers be Aware: New Mandatory Screening Requirements for Ontario Workplaces

Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.

Sep 30, 2020

British Columbia Modernizes Its Arbitration Act

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.

Sep 29, 2020

Federal Government Accepts Ontario’s Emissions Performance Standards (EPS) Program for Regulation of Greenhouse Gas Emissions – Transition Dates to Come

Ontario Minister of Environment, Parks and Conservation announced that its Emissions Performance Standards (EPS) program has been accepted by federal government

Sep 21, 2020

Cross-Country Check-In: COVID-19 and the Environment

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.

Sep 10, 2020

Ontario Amends Employment Standards Legislation in Response to COVID-19

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

Aug 5, 2020

Bill 31 – Environmental Protection Statutes Amendment Act Passed and In Force – Cutting Red Tape and Returning Discretion to Alberta Environment and Parks

Overview of Alberta's Bill 31- Passed on July 23, 2020: amending statutory definitions of minerals and clarify treatment of silica sand.

Aug 4, 2020

Government Proposes Relief for Issuers of Flow-Through Shares

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.

Jul 28, 2020

Material Adverse Effect Clauses in a COVID-19 World

Review and analysis of recent developments where parties try to rely on MAE clauses as a mechanism to avoid closing a transaction.

Jun 23, 2020

Making B.C. an Emerging Economy Leader

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.

Jun 23, 2020

Construction through COVID-19 in Canada: A Guideline for what each Province and Territory is Doing

How each Province is managing the impact of COVID-19 by restricting construction activities, suspending litigation time periods and recommending H&S practices

Jun 11, 2020

Making Innovation Work for British Columbia

Analysis and guidance on how BC companies can benefit from the BC Innovation Commissioner's recommendations and help make BC a technology powerhouse.

Jun 3, 2020

Ontario Provides Employers with Temporary Relief from COVID-Related Termination Risks

Ontario introduces creative measures (O. Reg. 228/20) to the Covid-related temporary lay off dilemma.

Jun 1, 2020

Privacy Penalties – Canadian Competition Bureau Wades Into Privacy Enforcement

Organizations operating in Canada are advised to immediately review their privacy-related policies and marketing to avoid false or misleading representations

May 26, 2020

Alberta Government Passes Bill 12, Liabilities Management Statutes Amendment Act, 2020 – What You Need to Know

What you need to know about the Alberta Government's Bill 12 in relation to Liabilities Management Statutes Amendment Act, 2020.

Apr 21, 2020

Project Management Amid COVID-19 – The Triage

Best practices for construction project management during the COVID-19 pandemic, and other force majeure circumstances.

Apr 8, 2020

The Impact of COVID-19 on the Construction Industry: A Reference Guide to the Changed Landscape

Contractual clauses, Permits & Inspections, Health & Safety, Labour, Litigation, Arbitration & Court Procedures,
Limitation Periods, Liens & Holdbacks

Apr 3, 2020

COVID-19: Alberta Government Announces List of Essential Services

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.

Mar 29, 2020

Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants

The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.

Mar 23, 2020

Coronavirus: Harbinger of a New (Old) Approach to Restructuring in Canada?

Restructuring options and challenges in the time of COVID-19.

Mar 20, 2020

Will Modern Slavery Legislation Become a Reality in Canada?

Description of proposed modern slavery legislation in Canada that aims to address the issue of forced and child
labor in supply chains.

Mar 3, 2020

Supreme Court of Canada Opens the Door to Novel International Human Rights Claims: The Uncertain Implications for Canadian Resource Companies

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.

Mar 2, 2020

Lost in Transition: Working Through the Silence Surrounding Leasehold Interests in the Construction Act’s Transition Provisions

Lost in Transition - Working through the Silence Surrounding Leasehold Interests in the Construction Act's Transition Provisions

Feb 27, 2020

Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference

The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.

Jan 21, 2020

Contact Information Posted on Websites Not Necessarily Up for Grabs

Investigation findings of the Office of the Privacy Commissioner highlight issues surrounding the use of personal contact information posted on websites

Dec 19, 2019

Expropriation of Contaminated Land: a Tug-of-War of Competing Interests in the “Fair Market” Valuation

A standard determination of the market value of expropriated property can be a contentious, drawn out process where the property is environmentally contaminated

Aug 21, 2019

Don’t Count Your Efficiencies Before They Hatch: Exploring The Factors That Impact A Railway’s Operating Ratio

Canadian Pacific Railway (“CP”) has significantly reduced its operating ratio in the past few years.

Jul 22, 2019

Canadian Transportation Agency rules on Vancouver rail embargoes in first own motion investigation

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.

Apr 16, 2019

Regulations Implementing theTransportation Modernization Act

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”).

Apr 11, 2019

Is Your Investor Presentation NI 43-101 Compliant? CSA Staff Notice 43-309 Review of Website Investor Presentations by Mining Issuers Provides Some Guidance

Apr 26, 2015