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ARTICLE · 28 NOVEMBER 2024

National Instrument 43-101: Use Of Disclaimers In Technical Reports

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A core tenet of National Instrument 43-101 – Standards of Disclosure for Mineral Projects (NI 43-101) is to ensure disclosure is based on reliable information...

CanadaEnergy and Natural Resources

A core tenet of National Instrument 43-101 – Standards of Disclosure for Mineral Projects (NI 43-101) is to ensure disclosure is based on reliable information that reflects the professional opinions of persons that meet the requisite educational, experience and professional association requirements (referred to as qualified persons). To this end, qualified persons are the ones undertaking responsibility for the scientific and technical information and standing behind this work. Broadly disclaiming responsibility for information can compromise the integrity of the disclosure being presented to the public. There has been an increasing use of disclaimers in technical reports on the basis that such disclaimers are “customary” and “allowed.” However, NI 43-101 strictly regulates disclaimers, and there are only limited circumstances in which a qualified person can disclaim responsibility for, or attempt to limit reliance on, scientific and technical data in a

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