18 LEXPERT MAGAZINE
|
OCTOBER 2019
Khaled Abdel-Barr and Karen MacMillan of Lawson Lundell LLP
recently authored the Canada Chapter: e International Com-
parative Legal Guide to Mining Law 2020, Global Legal Group,
7th edition. Even though their disclaimer was intended for a
global audience, it is also a useful reminder for Canadian readers,
outlining that "Canadian mining law is location-dependent, and
there are many, many locations: 10 provinces and three territories,
each with its own laws, and within each province or territory ar-
eas within Aboriginal land claim settlement areas or reserves; ar-
eas in which the surface is owned by the Crown or by Aboriginal
groups or privately; and areas in which the minerals are owned by
the Crown or by Aboriginal groups or privately. Canadian mining
law is also commodity-dependent, with different laws applicable to
hard rock minerals, coal, industrial minerals, petroleum and natu-
ral gas, uranium, etc."
Aboriginal rights are one of the important set of issues to consider
in connection with any Canadian resource project. Where Aborigi-
nal rights are not clearly defined by treaty the applicable law in Can-
ada continues to evolve. As Abdel-Barr and MacMillan point out it
was the 2014 Supreme Court of Canada decision, Tsilhqot'in Nation
v. British Columbia, "that provided the first declaration of Aborigi-
Regulating
Mining in BC
PHOTO:
SHUTTERSTOCK
BC Mining operates
in a regulatory
framework that faces
change ahead
COMPILED BY LEXPERT
