CANADA Law and Practice Contributed by: Darrell Podowski, Jennifer Poirier, Joel Matson and Simi Fagbongbe, Cassels Brock & Blackwell LLP
Cassels Brock & Blackwell LLP Suite 3200 Bay Adelaide Centre – North Tower 40 Temperance Street Toronto, ON M5H 0B4 Canada Tel: +1 416 869 5300
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1. Mining Law: General Framework 1.1 Main Features of the Mining Industry Mining is one of Canada’s main industries. The country is a significant exporter of minerals and metals, and a global leader in the production of critical minerals such as copper, nickel and cobalt. It is rich in resources and home to many mines producing a diverse array of other minerals and metals, including gold, coal, iron ore concentrates, potash, aluminium, platinum group met - als, diamonds, silver, zinc, molybdenum and uranium. Advanced mineral projects for critical minerals, includ - ing lithium and graphite, can also be found in Canada. Numerous junior mining companies that explore for minerals worldwide are domiciled in Canada. Toronto, Ontario is Canada’s business capital and has been referred to as the mining finance capital of the world, with approximately 40% of global publicly listed mining and mineral exploration companies listed on the Toronto Stock Exchange (TSX) or TSX Venture Exchange. Canadian stock exchanges facilitate the listing and financing of both junior and senior mining companies, and tax and securities laws offer signifi - cant incentives for investment in the mining industry in Canada. Canada also boasts a large concentration of special - ised professionals in the technical, engineering, legal, accounting and management fields that help sustain its robust mining industry. This practice guide will highlight these features, many of which are unique to the Canadian mining industry.
1.2 Legal System and Sources of Mining Law Canada’s legal system is a combination of common law and civil law. The common law applies in all prov - inces and territories of Canada, except for Quebec, which is the only province with a civil law code. As Canada is a federal state, the governmental pow - ers and responsibilities applicable to mining are con - stitutionally allocated between its federal Parliament and ten provincial legislatures, with certain federal powers shifting to its three northern territories through statutory devolution, as discussed below. Provincial legislatures have the power to enact laws in relation to provincial public lands, mineral titles and the exploration and extraction of minerals within their provincial jurisdictions. These powers include over - sight of the development and operation of mines, conservation of mineral resources, and environmental protection. Provinces may also enact laws impact - ing the export of minerals and metals outside of the relevant province, subject to federal laws on exports and imports of minerals and metals. Despite their independent governance, substantive mining regimes are generally consistent across Cana - dian provinces. However, these rules and regulations tend to be highly complex and are rarely codified in a single provincial statute. Canada’s federal Parliament has the power to make laws affecting minerals and mining on federal lands, in addition to:
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