Module 1 Notes

2021-01-06
MINE 8020
Mining Law & Ethics
Pilar Bonilla
Winter 2021 Semester
1
Course Introduction MINE8020: Module 1 2021
• What we will cover in this lesson:
• Course Introduction
• Tests and Exams
• Canada’s Legal System

2
1
2021-01-06
Course Texts
Practical Law of MINE8020: Module 1 2021
Architecture, Engineering
and Geoscience
Brian M. Samuels &
Doug R. Sanders
Canadian Professional
Engineering & Geoscience:
Practice and Ethics
Gordon C. Andrews 3
Course Schedule
MINE8020: Module 1 2021
2
2021-01-06
Tests & Exams

• The course is split into 5 primary topics:

• Professional Regulation
• Ethics
• Business Laws & Regulations
• Contract Law
• Other Important Laws
(Environmental & Securities) 5
Tests & Exams

Each of the subjects (contract law divided in 2

blocks) will be followed by a written text (#6)
worth equal marks each (50 marks total).
Exams will be held on assigned dates as per
course schedule
3
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Tests & Exams

• The midterm exam will be held on 25th

February and is worth 25 marks
• The final exam will be held on the April

20th week (day & time TBD) and is worth
25 marks
7
Mining Law & Ethics MINE8020: Module 1 2021
Canada’s Legal System
4
2021-01-06
Reading MINE8020: Module 1 2021
Practical Law of Architecture,

Engineering and Geoscience
Samuels & Sanders
Chapter 1
Pages 1 - 7
Reading MINE8020: Module 1 2021
Introduction to the Legal Framework

for Mining in Canada
Hart & Hoogeveen
13 pages
https://miningwatch.ca/sites/default/files/Introduction%20to%20the%20Legal%20Framework%20for%20Mining%20in%20Canada.pdf
Available on MINE8020 Learning Hub Portal
10
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Reading
Information in these texts may not be covered

in this session but could be used during exams!
11
Canada’s Legal System: 1 – Legislature

There are three branches in

our Federal system:
1. Legislative Branch
Formally known as the
Parliament of Canada
12
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Canada’s Legal System: 1 – LegislatureMINE8020: Module 1 2021
Parliament of Canada
includes:
 The Monarch
 The House of Commons
 The Senate
13
The Monarch
Is represented by the
Governor General
14
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The House of Commons
“Lower house”, responsible

for introducing, voting on
and adopting laws for taxes
and revenues. Staffed by
Members of Parliament
(MPs) elected by the people
of Canada)
15
The Senate
“Upper house”, carefully

examines legislation before
it becomes law. Made of 105
members appointed by the
Governor General on advice
of the Prime Minister)
16
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Canada’s Legal System: 2 – Executive MINE8020: Module 1 2021
2. Executive Branch
Has some overlap with
the Legislative Branch
17
Executive Branch
includes:
 The Monarch,
 The Prime Minister
 The Cabinet
Members
18
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The Monarch is
represented by the
Governor General
19
The Prime Minister is the

head of a cabinet and the
leader of the ministers,
serving under the Monarch
20
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The Cabinet Members

are high-ranking state
officials chosen by the PM
who collectively decide the
government direction
21
The Cabinet Members

decide especially in regard
to legislation passed by
parliament. Essentially an
“official advisory council to
the head of government
22
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Canada’s Legal System: 3 – Judicial MINE8020: Module 1 2021
3. Judicial Branch
The branch of
government in which
judicial power is vested,
and is independent of the
legislative and executive
branches. 23
Canada’s Legal System: 3 – Judicial

3. Judicial Branch
• Collectively the Judges of
the law courts
24
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Judges are public officers

appointed to preside in a
court of justice, to interpret
and apply the laws of
Canada. They do not
legislate or enforce law.
25

Justices in the Supreme

Court of Canada are
appointed by the Governor
General on the advice of
the Prime Minister. 9
justices serve on the
Supreme Court. 26
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Mining Law & EthicsMINE8020: Module 1 2021
Constitution Act, 1867
27
Canada’s Legal System: Constitution Act, 1867

The Constitution
Act of 1867 was
originally known as
the “British North
America Act” and was
passed by the British
Parliament 28
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The Constitution
Act of 1867 created
the Dominion of
Canada at
Confederation
It was passed on 29th
March 1867 29

The Constitution
Act of 1867
provided for the
union of three
colonies
30
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Province of Canada
(Ontario and
Quebec), Nova
Scotia and New
Brunswick into a
parliamentary
system. 31

“Ruperts Land”
was acquired in
1870 (basically 1/3
of Canada), and six
more provinces
were added
32
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Manitoba (1870),
British Columbia
(1871), Prince Edward
Island (1873), Alberta
and Saskatchewan
(1905) and
Newfoundland (1949) 33

• The Constitution Act is the primary

source of legal authority in Canada,
and sets up a system that blends British and
French laws.
• The Act contained no suggestion that

all provinces were constitutionally
equal (unlike in the United States). For
example, the Prairie Provinces, unlike the
original four provinces of Confederation, did
not possess rights to their lands and mineral
for 25 years after becoming provinces.
• The key components of The Act are the

Division of Powers, Creation of34Courts
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Mining Law & Ethics


Division of Powers
35
Division of Powers
The Federal
government has
authority in certain
areas of the law,
FEDERAL PROVINCIAL whilst Provincial /
Territorial
governments have
power over other
areas 36
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Division of Powers
Federal government
has authority to
make laws for the
FEDERAL PROVINCIAL Peace, Order and
Good
Government of
Canada
(“POGG”)
37
Division of Powers
Federal law prevails

if there is overlap or
conflict –
FEDERAL PROVINCIAL “Doctrine of
Paramountcy”
38
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Division of Powers
Federal focus on
matters of
FEDERAL PROVINCIAL national or
international
importance
39
FEDERAL Division of Powers

 Trade and Commerce

 Direct & Indirect Taxation
 Currency
 Postal Service
 Census taking and statistics
 National Defence
 Federal Civil Service 40
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 Navigation
 Fisheries
 Banking
 Copyright
 Aboriginals and Indian Reserves
 Naturalization
 Marriage and Divorce 41

 Criminal Law
 Penitentiaries
 Interprovincial works and undertakings
42
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PROVINCIAL Division of Powers

 Direct taxation for provincial purposes

 Municipalities
 School Boards
 Hospitals
 Property and Civil Rights
 Administration of Civil and Criminal Justice
 Penalties for infraction of provincial statutes 43
PROVINCIAL Division of Powers

 Prisons
 Celebration of Marriage
 Provincial civil service
 Local works
 Corporations with provincial objectives
44
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Division of Powers: Provincial Jurisdiction

Matters of local or
provincial importance,
such as the development,
conservation and
management on non-
renewable natural
resources and forestry
resources, including laws
in relation to the rate of
primary production 45

Private laws including:

Property
Contracts
Negligence
These fall under
regulations for
Geoscience and
Engineering professions
46
23
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Provincial jurisdiction
can be complex!
• 11 Provinces
• 3 Territories
• 14 Approaches!
47

This can lead to variable

approaches to
• Environment
• Governing
Professions
• Securities
• Employment 48
24
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Division of Powers: Shared Jurisdiction

There is a shared jurisdiction between

Federal and Provincial governments
on the environment:
 Federal: fish, migratory birds or
shipping, residual power over
anything not specified, POGG 49
Division of Powers: Shared Jurisdiction

There is a shared jurisdiction between

Federal and Provincial governments on
the environment:
 Provincial: mines, forestry,
electricity, public lands and property
& civil rights 50
25
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Division of Powers: Engineers & Geoscientists

Most of the laws relevant

to Engineers and
Geoscientists is property
and civil rights law:
• Contracts
• Torts (“negligence law”)
• Lien legislation 51
Division of Powers: Engineers & Geoscientists

Geoscientists also affected

by Securities Law
As a result, the laws
relating to engineers and
geoscientists differs from
province to province
52
26
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International Mobility
The “have a degree, will

travel” thinking is not so
clear cut!
53
The employment and

regulation of professions
is under Provincial
jurisdiction, so you may
not be cleared for practice in
all Provinces. (i.e. EGBC
allows you to practise
engineering in BC)
54
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Charter of Freedoms
grants mobility rights in
Canada, but again these are
superseded by Provincial
regulations
55
NAFTA (UMSCA now. Jul

2020) allows a “TN Visa”
which can allow certain
professions to work in North
America without an
employment visa for up to 3-
years
56
28
2021-01-06
Mining Law & Ethics MINE8020: Module 1 2021

Creation of Courts
57
Division of Powers: Creation of Courts

Administration of
Justice
This is at a
provincial level
58
29
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Includes organization
and maintenance of
the civil and criminal
provincial courts and
civil procedure in those
courts
59

Appointment of
Judges
• This is a federal
jurisdiction
60
30
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Only the federal

government can
appoint and pay
judges of the superior
courts in the provinces.
61
Division of Powers: Canada’s Courts

Supreme Court of
Canada
Highest court in
Canada and final
court of appeals
62
31
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Provincial Superior
Courts
Jurisdiction typically
includes contracts,
torts, property and
family law. Also hear
appeals from lower
(“inferior”) courts.
63

Provincial Courts
“Inferior” courts with
limited jurisdiction
that hear criminal,
small claims, family,
traffic and bylaw
cases
64
32
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Tribunals
Special court or
group of people
chosen to examine
particular problems
65
Division of Powers: Court Hierarchy in BC

Three levels of court in

British Columbia, two trial and
one appeal court
66
33
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1.Court of Appeal
1.Hears appeals from lower
courts
2.Normally three judges
hear an appeal
3.Not a trial court
67

2. Supreme Court of BC
1.Civil cases involving money
over $25,000
2.Divorce and custody
matters
3.Serious criminal cases
68
34
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3. Provincial Court of BC
1.Family Division (family
matters, youth court)
2.Traffic division (traffic
violations)
3.Small Claims Division
(money under $25,000)
4.Criminal Division (90% of
criminal cases)
69
Division of Powers: Supreme Court of Canada

Supreme Court of
Canada is the
highest level of
appeal
This court does not
try cases, it only
hears appeals
70
35
2021-01-06

Must have “Leave to

Appeal” (this is granted
by a court if the case
involves a question of
public importance or if it
raises and important
issue of law that warrants
consideration.
71

Works on matters of
national importance
72
36
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Charter of Rights and
Freedoms
73
Division of Powers: Charter of Rights and

Freedoms
Part of the Canadian

Constitution, added in
1982
Protects every
Canadian’s right to be
treated equally
under the law
74
37
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Freedoms
Guarantees broad
equality rights and
other fundamental
rights such as freedom
of expression, freedom
of assembly and
freedom of religion
Mobility
75

Freedoms
Mobility Rights
(Section 6)guarantees
the right to live and
work in any province
BUT
Provincial jurisdiction
governs regulation of
engineering profession
76
38
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Freedoms
THEREFORE
Mobility rights do
not equal the right to
practice anywhere in
Canada
77
Creating Law
78
39
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Creating Laws: Statutes & Regulations

Federal and provincial

governments create
Statutes and
Regulations
79

Examples of Statutes:
 Provincial Governance
Act, 2018
 Criminal Code, RSC
1985, c. C-46
 Business Corporations
Act, SBC 2002, c. 57
 Environmental
Assessment Act, SBC
2002, s. 43 80
40
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Federal and provincial

governments enact
statues
The Charter and
Constitution act as checks
and balances
These influence
Canadians and Canadian
business
81

Judges interpret the

statutes
82
41
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Creating Laws: Common Law

Common law is defined as

a body of legal rules
that have been made
by judges as they issue
rulings on cases
This is in opposition to
rules and laws made by
the legislature of in
official statutes
83
Creating Laws: Common Law

A history of judicial
decisions (known as
“stare decisis”) will form
the basis of evaluation
for future cases and
relies on detailed records
of similar situations
because a legal code for
the case in hand does not
exist. 84
42
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Mining Law & Ethics

Legal Framework for Mining

in Canada
85
Legal Framework for Mining in Canada

Mining is primarily a
provincial jurisdiction
and is managed by local
Mining Offices operating
under Provincial statutes
Federal laws also apply,
especially in matters of
the environment
86
43
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Ownership of land and

subsurface rights are also
a factor:
Quartz Claim: (aka
Mineral Claims) entitle
holders to the minerals
located in bedrock
Placer Claim: Entitles
holders to everything
above the bedrock.
87

Crown Grant: One

where the Federal
Government has passed
ownership to the
claimant, making it
private land (often called
“Patented Mineral Claim”
in Ontario.
88
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Staking Ground
Staking can either be physical (i.e.

Yukon) or electronic (i.e. British
Columbia
89
Staking Ground
Physical Staking:
Every claim must be marked on the
ground by two posts. Each post
marks the end boundary of a claim,
with a line of site cleared between the
claims.
90
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Staking Ground
Physical Staking:
Posts must be 5 inches in diameter
and extend 4ft above ground, with
flattened faces on two sides extending
12inches from the top and at least
4inches wide.
91
Staking Ground
Physical Staking:
Each post is then inscribed with claim
name, length of claim, staking date
and name of staker.
92
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Staking Ground
Electronic Staking:
Online portal, select areas of open
ground, assign name and stake!
93
Other Mining Related Laws

Other aspects (which we will

look at later in this course:
 Project Approval (including
Federal and Provincial
Environmental Assessment):
Environmental Law
94
47
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 Profits from taxes and
royalties, functions of profits
and income, mining profit
versus NPV (Net Present
Value) or gross valuation,
shareholder dividends:
Business organizations and
Securities Law 95


 Regulations for
rehabilitation,
preventative regulations:
Tort Law
96
48
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Mining Law & Ethics

Next Week
97
Up Next in Module 2
Professional
Regulation
Why do we need
it?
• Self regulation
• Scope of
Practice
• Regulatory
bodies
• Registration 98
49
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Up Next in Module 2
• Obligations
of the
Professional
• Discipline
and
Enforcement
• Professional
Seals
• Liability
Insurance 99
Mining Law & Ethics

For next week please Read:
1. Practical Law - Chapter 1

2. Introduction to the Legal Framework
for Mining in Canada -Hart &
Hoogeveen
3. Practical Law - Chapter 2
100
50

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2021-01-06

Mining Law & Ethics

Course Introduction MINE8020: Module 1 2021

• What we will cover in this lesson:

• Canada’s Legal System

Tests & Exams

• The course is split into 5 primary topics:

Tests & Exams

Each of the subjects (contract law divided in 2

Tests & Exams

• The midterm exam will be held on 25th

• The final exam will be held on the April

Mining Law & Ethics MINE8020: Module 1 2021

Canada’s Legal System

Reading MINE8020: Module 1 2021

Practical Law of Architecture,

Reading MINE8020: Module 1 2021

Introduction to the Legal Framework

Available on MINE8020 Learning Hub Portal

Information in these texts may not be covered

Canada’s Legal System: 1 – Legislature

There are three branches in

Canada’s Legal System: 1 – LegislatureMINE8020: Module 1 2021

Canada’s Legal System: 1 – LegislatureMINE8020: Module 1 2021

Canada’s Legal System: 1 – LegislatureMINE8020: Module 1 2021

The House of Commons

“Lower house”, responsible

Canada’s Legal System: 1 – LegislatureMINE8020: Module 1 2021

“Upper house”, carefully

Canada’s Legal System: 2 – Executive MINE8020: Module 1 2021

Canada’s Legal System: 2 – Executive MINE8020: Module 1 2021

Canada’s Legal System: 2 – Executive MINE8020: Module 1 2021

Canada’s Legal System: 2 – Executive MINE8020: Module 1 2021

The Prime Minister is the

Canada’s Legal System: 2 – Executive MINE8020: Module 1 2021

The Cabinet Members

Canada’s Legal System: 2 – Executive MINE8020: Module 1 2021

The Cabinet Members

Canada’s Legal System: 3 – Judicial MINE8020: Module 1 2021

Canada’s Legal System: 3 – Judicial

Canada’s Legal System: 3 – Judicial

Judges are public officers

Canada’s Legal System: 3 – Judicial

Justices in the Supreme

Mining Law & EthicsMINE8020: Module 1 2021

Constitution Act, 1867

Canada’s Legal System: Constitution Act, 1867

Canada’s Legal System: Constitution Act, 1867

Canada’s Legal System: Constitution Act, 1867

Canada’s Legal System: Constitution Act, 1867

Canada’s Legal System: Constitution Act, 1867

Canada’s Legal System: Constitution Act, 1867

Canada’s Legal System: Constitution Act, 1867

• The Constitution Act is the primary

• The Act contained no suggestion that

• The key components of The Act are the

Mining Law & Ethics

Constitution Act, 1867

Federal law prevails

FEDERAL Division of Powers

 Trade and Commerce

FEDERAL Division of Powers