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    Mining law of Canada / Dwight Newman.

    • Title:Mining law of Canada / Dwight Newman.
    •    
    • Author/Creator:Newman, Dwight G. (Dwight Gordon), 1976- author.
    • Published/Created:Toronto, Ontario : LexisNexis Canada Inc., 2018.
      ©2018
    • Holdings

       
    • Library of Congress Subjects:Mining law--Canada.
      Mineral industries--Canada.
      Mineral rights--Canada.
    • Description:xxx, 236 pages ; 24 cm
    • 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
    • Notes:Includes table of cases.
      Includes bibliographical references and index.
    • ISBN:0433490063 (hardback)
      9780433490067 (hardback)
    • 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.
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