CANADA Law and Practice Contributed by: Darrell Podowski, Brian Dominique, Joel Matson and Christa Alvernaz, Cassels Brock & Blackwell LLP
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 produc - tion 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 metals, diamonds, silver, zinc, molybde - num and uranium. Advanced mineral projects for rare earth elements, including lithium and graph - ite, can also be found in Canada. Numerous jun - ior 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 explo - ration companies listed on the Toronto Stock Exchange (TSX) or TSX Venture Exchange. Tax and securities laws offer significant incentives for investment in the mining industry in Canada, and Canadian stock exchanges facilitate the list - ing and financing of both junior and senior min - ing companies. Canada also boasts a large concentration of specialised professionals in the technical, engi - neering, 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 min - ing industry.
1.2 Legal System and Sources of Mining Law Canada’s legal system is a combination of com - mon law and civil law. The common law applies in all provinces 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 powers and responsibilities applicable to mining are constitutionally allocated between its federal Parliament and ten provincial legislatures, with certain federal powers shifting to its three north - ern 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 min - erals within their provincial jurisdictions. These powers include oversight of the development and operation of mines, conservation of mineral resources, and environmental protection. Prov - inces may also enact laws relating to the export of minerals and metals between provinces or outside of Canada. Despite their independent governance, sub - stantive mining regimes are generally consist - ent across Canadian provinces. However, these rules and regulations tend to be highly complex and are rarely codified in a single provincial stat - ute. Canada’s federal Parliament has the power to make laws affecting minerals and mining on fed - eral lands, in addition to: • minerals and metals exports and imports; • nuclear energy and minerals used to generate nuclear energy; • inter-provincial transport of dangerous goods;
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