Mining 2025

CANADA Law and Practice Contributed by: Darrell Podowski, Brian Dominique, Joel Matson and Christa Alvernaz, Cassels Brock & Blackwell LLP

Once the standards are finalised, the CSA will release updated rules regarding climate-related disclosure. Industry Standards The Mining Association of Canada’s Towards Sustainable Mining (TSM) standard helps min - ing companies evaluate and manage environ - mental and social responsibilities, and address - es certain ESG matters. The TSM evaluates, independently validates and publicly reports on eight aspects of social and environmental performance against 30 distinct performance indicators. Although becoming a member of the Mining 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. Overlap - ping federal and provincial regulatory schemes address all aspects of a mine’s life cycle, from exploration to operation, transportation and export. While Canada does not typically experience issues associated with artisanal and other small- scale mining activity, there have been instances of mining activity encroaching on restricted land. In 2020, there were illegal mining claims in pro - tected caribou habitat in Manitoba’s Nopiming Provincial Park. The claim was modified but no public explanation was given. In 2023, another illegal mining exploration claim was staked by Grid Metals Corporation on lands located in the protected backcountry area of Nopiming Pro - vincial Park. This part of the park prohibits all mining development, and the claim violated the Provincial Parks Act. The provincial government

stated that the claim would be rejected, with a potential penalty for the company. 2.9 Good and Bad Examples of Community Relations/Consultation Impacting Mining Projects Greenstone Gold Mines – Hardrock Project Greenstone Gold Mines has entered into three long-term relationship agreements involving four First Nations and the Métis Nation of Ontario, which provide benefits to First Nations and Métis peoples regarding each community connected to Greenstone Gold’s “Hardrock Project” in northern Ontario. While none of the agreements were legally required, Greenstone Gold proac - tively engaged in positive relationship-building with the affected Indigenous groups, which ulti - mately resulted in “win-win” agreements and strong working relationships going forward for the advancement of the project. Generation Mining Limited – Marathon Palladium Project Generation Mining Limited’s “Marathon Project” in Ontario was approved after long-term relation - ship agreements were reached with several First Nations. While none of the agreements were legally required, Generation tailored its environ - mental 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 environ - mental assessment that the project was likely to cause an adverse cumulative effect on critical caribou 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.

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