There are Strange Things Done in the Midnight Sun [to] the Men who Moil for Gold* 03 décembre 2019 Chuck Higgins Joe Leadbetter is a prospector. With many others, he forms the backbone of Canada’s mining industry. In Canada – we have what is called a “free entry system”. Prospectors like Joe can enter onto Crown Land and look for minerals. If they find something interesting, they can stake a claim.
The Canada Business Corporations Act - Practice Advisory 31 mai 2019 H.J. Blake, QC LLM, and Lee Abraham, JD, Beard Winter LLP, Bill C-86, the Budget Implementation Act, 2018, No. 2, SC 2018, c 27, received Royal Assent on December 13, 2018, and provides for certain amendments to the Canada Business Corporations Act (“CBCA”), which will come into force on June 13, 2019.
Corporations Beware – Where Is Your Updated Land “Ownership” Register? 30 mars 2019 H.J. (Jim) Blake, Q.C., Beard Winter LLP, The Business Corporations Act of Ontario (“OBCA”) currently requires corporations to prepare and maintain corporate books and records. However, corporations incorporated or continued under the OBCA need to be aware of new onerous amendments to the OBCA which quietly came into force on December 10, 2016.
OBCA Corporations – New Record-Keeping Requirements for Real Estate But is a Mining Claim an Interest in Land? 22 février 2018 Lucie Kroumova The new Section 140.1 of the Business Corporations Act (Ontario) (the “OBCA”) quietly came into force on December 10, 2016. It requires OBCA governed corporations to maintain an updated register of their “ownership interests in land in Ontario”. Interestingly, the phrase “ownership interest in land” is not defined; thus this requirement may extend to both legal and beneficial ownership in real property.
Ontario Net Metering Regulation: Ministry Posts Updated Regulatory Proposal 06 février 2017 James C. Sidlofsky, John A.D. Vellone and Jessica-Ann Buchta The Ontario Ministry of Energy recently updated its regulatory proposal to revise the Net Metering Regulation. This new proposal included all of the proposed amendments which formed part of the original proposal except for establishing a billing method for single-entity virtual net metering which would allow load customers to benefit from net metering by building a renewable energy generation facility offsite. The Ministry found this element required additional feedback and consideration.
Non-Compliance with Carbon Market Rules Can in Result in Substantial Penalties 06 février 2017 Meredith James and Josh Shneer Ontario’s cap and trade program launched in January 2017 and includes a number of rules regarding participation in the carbon market including prohibitions against insider trading, tipping, bid coordination, unlawful disclosures, fraud and market manipulation. Market participants should ensure they are familiar with all rules governing their conduct in the carbon market. Contravention of the market rules is an offence that could result in substantial minimum fines.
Energy Supply Agreements in an Evolving Climate Change Regulatory Regime 05 décembre 2016 Meredith James and Marvin Coleby It is clear that carbon pricing will be one of the primary tools that Canadian governments will use to incentivize emissions reductions and generate revenue to pay for mitigation and adaptation. A number of key energy supply agreement provisions that should be reviewed in order to assess: who will bear the cost of compliance with carbon pricing regimes? Who will benefit from revenue generated by the sale of off-sets? Could increasing carbon prices result in the termination of the agreement?
When is a Field a "Pit" Under the Aggregate Resources Act? 05 décembre 2016 Kirsten Mikadze The recent Ontario Court of Justice appeal decision in R v AJL Janssen Landscaping Ltd, 2016 ONCJ 496, has offered some guidance as to when a field may be a “pit” under section 1(1) of the Aggregate Resources Act. Following the decision, a field that is being rehabilitated to accommodate farming uses is generally a “pit” and subject to the ARA’s permitting scheme. But when the primary purpose of that work is to build a structure, it may be exempt.
The Protection of Species At Risk and Social and Economic Interests: Wildlands League v. Ontario (Natural Resources and Forestry) 18 novembre 2016 Joanna Rosengarten and Ljiljana Stanic On October 11, 2016, the Ontario Court of Appeal released its decision in the Wildlands League v. Ontario (Natural Resources and Forestry) case. The decision provides helpful commentary and guidance on the interpretation of the Ontario Endangered Species Act, 2007. The Court dismissed the appeal and recognized that the protection of species at risk and their habitats under the Act is not absolute and occurs in the context of human activities.
BC First Nation Commences Treaty 8 Infringement Action Against Province 19 mai 2015 Stephanie Axmann and Selina Lee-Andersen Blueberry River First Nations (BRFN) has commenced a novel treaty rights infringement claim (Claim) against the Province of British Columbia (Province). The Claim, filed March 3, 2015, alleges that the Province has breached its Treaty 8 obligations due to the cumulative impacts of provincially authorized industrial development in BRFN’s traditional territory. This article provides an overview and analysis of the key aspects of the Claim.