"Did We Really Say That?" - Website And Third Party Disclosure Considerations For Resource Issuers

While a company's website can host a wealth of information and form a key part of an investor relations strategy, managing that information also poses unique challenges. These challenges are heightened for resource issuers given the additional disclosure obligations under National Instrument 43-101 Standards of Disclosure for Mineral Projects that apply to technical or scientific disclosure. In particular, companies should carefully consider how their disclosure obligations under securities laws generally, and NI 43-101 in particular, are impacted by third party information that is republished or linked to from the company's website.

NI 43-101 provides a comprehensive code governing disclosure of scientific or technical information by resource issuers. Under the Instrument, "disclosure" includes any written or oral disclosure made by or on behalf of the issuer that is intended to or reasonably likely to be made available to the public in Canada, and "written