Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 14 MARCH 2012

New Mining Regulations To Resolve Disputes In Aboriginal Consultation

WeirFoulds LLP
Explore more from WeirFoulds LLP

Soon-to-be-released Mining Act regulations will show the Government of Ontario taking seriously its duty to consult with Aboriginal peoples and, more practically, taking seriously the delay in natural resource development which can result from a failure in consultation.

CanadaGovernment, Public Sector
Richard Ogden
Richard Ogden
Author LinkedIn connections

Soon-to-be-released Mining Act regulations will show the Government of Ontario taking seriously its duty to consult with Aboriginal peoples and, more practically, taking seriously the delay in natural resource development which can result from a failure in consultation. These regulations will introduce a mechanism to assist with resolution of disputes between Aboriginal communities and mining sector participants concerning the Crown's duty to consult. This mechanism is important because the duty to consult Aboriginal peoples is a constitutional duty and so can override otherwise valid regulatory approvals.

The new regulations are part of Phase II of the Mining Act modernization project. Phase II regulations will also include a new system of exploration plans and permits which categorizes exploration activities according to their potential impact.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

New Act Respecting Contracting By Municipal Bodies: How To Secure Your Bids

Effective April 1, 2026, Quebec's Act respecting contracting by municipal bodies fundamentally transforms how municipal contracts are awarded, moving beyond the traditional lowest-price model to embrace qualitative evaluation criteria including environmental practices, life cycle costs, and contractor performance history. Municipal bodies now have eight award procedures to choose from, along with new pre-tender processes that can limit competition to prequalified enterprises. Contractors must adapt their te
CanadaGovernment, Public Sector
BCF Business Law
BCF Business Law
Article

Building Momentum: Canada Advances Major Projects Under The Building Canada Act

The federal government has published notices proposing to add the Mackenzie Valley Highway and Roberts Bank Terminal 2 to Schedule 1 of the Building Canada Act as projects of national interest. These potential listings, following a similar notice for the West Coast Oil Pipeline, provide the first practical indications of how the government may use the Act to advance major infrastructure projects through streamlined federal approvals while maintaining Indigenous consultation and environmental assessment requ
CanadaGovernment, Public Sector
McMillan LLP
McMillan LLP
Article

Building Canada: Investing In Major National Projects

Canada is experiencing a surge in infrastructure investment driven by streamlined regulatory approvals, enhanced government financing mechanisms, and growing demand for energy and digital infrastructure. This guide examines the evolving legal and regulatory landscape that foreign investors must navigate to successfully structure, finance, and develop major projects across the country.
CanadaGovernment, Public Sector
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Canada Launches Responsible Data Centre Development Principles: What Clients Need To Know

Canada has introduced a new national framework setting expectations for data centre infrastructure development, with 42 major industry signatories including Amazon, Google, Meta, Microsoft and NVIDIA. The Principles establish five core requirements covering local benefits, electricity cost allocation, environmental impacts, transparency and strategic value, though their practical implementation will depend heavily on provincial and municipal policy decisions.
CanadaGovernment, Public Sector
Bennett Jones LLP
Bennett Jones LLP
Article

Permit Me To Explain: Bill C-39’s Plan To Build Canada Faster

The Canadian government has introduced Bill C-39, the Building Canada Strong Act, proposing to compress federal project approval timelines from five years to one year through consolidated permitting and streamlined processes. The legislation also modernizes transportation infrastructure through National Trade Corridors and reforms labour relations by strengthening collective bargaining while clarifying ministerial powers to intervene in work stoppages.
CanadaGovernment, Public Sector
MLT Aikins LLP
MLT Aikins LLP
Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

Greenwashing In Canada: What The Competition Bureau’s 2026 Updated Environmental Claims Guidelines Mean For Your Business

Canada's Competition Bureau has released updated guidelines addressing environmental claims and greenwashing under the Competition Act. The guidelines establish six compliance principles and clarify how businesses must substantiate environmental benefit claims following recent legislative amendments, including changes introduced by Bill C-15 that provide greater flexibility in substantiation methods while maintaining evidence requirements.
CanadaAntitrust/Competition Law
WeirFoulds LLP
WeirFoulds LLP
Article

Who Pays After The Hack? Emerging Paths For Cyber Recovery

Recent court decisions reveal a developing area of cyber insurance subrogation where insurers can potentially recover losses from vendors, financial institutions, and service providers who failed to meet specific cybersecurity obligations. These cases demonstrate that a cybercriminal's involvement does not automatically shield third parties from liability when they breach contractual duties or ignore red flags that contributed to the loss.
United StatesInsurance
WeirFoulds LLP
WeirFoulds LLP
Article

Here’s The Drill: Introducing The New CCDC 32 – 2026 Progressive Design-Build Contract

CCDC 32 introduces a progressive design-build framework that allows owners and design-builders to collaboratively develop project scope, budget, and schedule before committing to a final price. Through a two-phase structure with project gates and off-ramp provisions, this standardized contract addresses complex construction projects where requirements cannot be fully defined at the outset. How does this collaborative approach balance flexibility with cost certainty while reshaping traditional roles in const
CanadaReal Estate and Construction
WeirFoulds LLP
WeirFoulds LLP