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Mining law of Canada / Dwight Newman.
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Title:Mining law of Canada / Dwight Newman.
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Author/Creator:Newman, Dwight G. (Dwight Gordon), 1976- author.
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Published/Created:Toronto, Ontario : LexisNexis Canada Inc., 2018.
©2018
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Holdings
Holdings Record Display
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Location:LAW LIBRARY (level 3)Where is this?
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Call Number: KE1790 .N49 2018
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Number of Items:1
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Status:Available
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Location:LAW LIBRARY (level 3)Where is this?
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Library of Congress Subjects:Mining law--Canada.
Mineral industries--Canada.
Mineral rights--Canada.
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Description:xxx, 236 pages ; 24 cm
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Summary:"This book is about mining law in Canada, and its role in providing a legal structure for the exploration and development of mineral resources. The book encompasses aspects ranging from property law to constitutional law, securities law, environmental law, and international criminal law."-- Provided by publisher
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Notes:Includes table of cases.
Includes bibliographical references and index.
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ISBN:0433490063 (hardback)
9780433490067 (hardback)
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Contents:Introduction. Background to mining law of Canada
Structure of the book
Federal, provincial, and territorial jurisdiction
Jurisdiction on Aboriginal lands and emerging issues on Aboriginal jurisdiction
Legal reforms and the mining industry
Mining and communities. Introduction
Constitutionalized Aboriginal and treaty rights in Canada
Aboriginal title and other forms of Indigenous land ownership
The duty to consult
Debates concerning FPIC
Indigenous-industry agreements and economic participation of Indigenous communities in mining developments
Possible ramifications of anti-bribery provisions and extractive sector transparency legislation for Indigenous communities
The meaning of and possible legal ramifications of "social licence"
The law and the mining cycle. The importance of an integrated understanding of the mining industry
The mining cycle and interactions with law
Complex roles of mining law
Ownership of minerals in Canada. Introduction
Crown minerals on Crown land
Crown minerals on private land
Private freehold minerals on private land
Inherent Indigenous ownership of minerals
Indigenous ownership of minerals under modern treaties
Indigenous royalties and resource revenue shares
Acquisition of mineral rights through prospecting. Introduction
Historical background to traditional free entry systems
Traditional free entry systems
Contemporary Canadian free entry systems and ministerial discretion systems
Theory of rights purchase systems for oil and gas and inapplicability of such systems in context of other minerals
Shift to online staking
Modern constitutional and policy issues on free entry systems
Surface rights issues. Introduction
Surface access by consent or agreement
Statutory surface rights access
Compensation
Provincial jurisdiction via surface rights leases
The withdrawal of land from mining access. Introduction
General provisions for withdrawal of lands from mining access
Creation of parks
Indigenous lands and land issues
Expropriation and compensation issues
Dealings in mineral rights. Introduction
Law concerning transfer of mineral interests
Further considerations concerning dealings in mineral interests
Implications of characterization of mineral interests for transfers
Abandonment and foreiture
Restrictions on foreign investment. Introduction
Investment Canada Act framework
Examples of application
Future developments
Special restrictions in the uranium context
Financing and securities issues. Introduction
Financing of mineral exploration
Financing of mine development
Alternative financing arrangements
Securities regulation and the role of NI 43-101
The regulation of mining operations. Introduction
Environmental impact assessment requirements
Federal environmental standards bearing on mining operations
Regulatory issues associated with mine closure and reclamation. Introduction
Provincial and territorial regulation related to mine closure and reclamation
Special considerations in uranium contexts
Special challenges of interaction between provincial regulation and federal bankruptcy law
Royalties and taxation. Introduction to mining taxation
Jurisdictionally variable taxes and royalties
Federal incomes taxes and business structure
CEE/CDE/CCA systems
Qualifying environmental trust
Flow-through shares
Mineral exploration tax credit
Social responsibility and extraterritorial regulation of Canadian mining companies. Introduction
Anti-bribery regimes
Extractive sector transparency legislation
Canadian adjudication on extraterritorial torts
Corporate social responsibility regimes
Future directions in extraterritorial regulation of Canadian mining companies.