CANADA Law and Practice Contributed by: Darrell Podowski, Jennifer Poirier, Joel Matson and Simi Fagbongbe, Cassels Brock & Blackwell LLP
fund reporting issuers. These enhanced disclosure requirements would include the disclosure of: • material governance, strategy and risk manage - ment information; and • certain GHG emissions on a comply-or-explain basis. The Canadian Sustainability Standards Board has issued sustainability standards regarding sustainabil - ity-related financial information and climate-related disclosure requirements. Industry Standards The Mining Association of Canada’s Towards Sus - tainable Mining (TSM) standard helps mining compa - nies evaluate and manage environmental and social responsibilities, and addresses certain ESG matters. The TSM evaluates, independently validates and pub - licly reports on eight aspects of social and environ - mental performance against 30 distinct performance indicators. Although becoming a member of the Min - ing Association of Canada is voluntary for project proponents, all members are required to undergo site-level assessments for evaluation under the TSM standard. 2.8 Illegal Mining Canada has one of the most highly regulated mining industries in the world, so evidence of illegal mining is limited to non-existent. 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects Generation Mining Limited – Marathon Palladium Project Generation Mining Limited’s “Marathon Project” in Ontario was approved after long-term relationship agreements were reached with several First Nations. While none of the agreements were legally required, Generation tailored its environmental commitments for the Marathon Project with input from the relevant First Nation and Métis communities. The Marathon Project was approved by the government of Canada despite findings during a Joint Review Panel’s envi - ronmental assessment that the project was likely to cause an adverse cumulative effect on critical cari -
bou habitat. The government of Canada’s approval contains 269 legally binding conditions to protect the environment throughout the life of the project, many of which were advanced by Generation in consultation with the Indigenous groups most likely to be adversely affected by the project. Taseko Mines – Prosperity Project In 2010, Taseko Mines’ “Prosperity Project” in Brit - ish Columbia was denied regulatory approval after an adverse environmental assessment flagged issues with the draining of Teẑtan Biny (Fish Lake) and asso - ciated impacts to local First Nations communities, who strongly opposed the project. Taseko later pro - posed a “New Prosperity Project”, which attempted to address regulator concerns and did not involve the draining of Fish Lake. Taseko attempted to reach agreements with local First Nations and to seek rem - edies through the courts, but the Tsilqhot’in Nation remained opposed to the project, and the Supreme Court of Canada refused to hear Taseko’s 2020 regu - latory appeal in connection with the project. Taseko Mines, Tsilqhot’in Nation and the Province of British Columbia reached an agreement concerning the New Prosperity Project in June 2025. Newmont Mining and Imperial Metals – Red Chris Mine Expansion Newmont Mining and Imperial Metals are seeking an expansion of their existing Red Chris Mine in British Columbia. Mine operations are guided by an Impact Benefit and Co-Management Agreement with the Tahltan Nation, which includes the Nation in manage - ment decisions, provides employment opportunities for its members and allocates royalty payments. The project is under consideration by the Major Projects Office for inclusion as a project of national interest under the federal Building Canada Act, which may lead to accelerated project approvals. 3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects National and provincial (regional) governments in Canada and abroad have introduced climate change
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