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Canadian Law of Mining, 2nd Edition

Focused on mineral exploration and development, this volume examines everything from who owns minerals and how mineral rights are acquired, to where mineral activity can occur and on what terms.
Publication Language: English

Hardcover | 1,088 pages

In Stock
Published: December 19, 2019
ISBN/ISSN: 9780433465805

Product description

Click here for the student edition of Canadian Law of Mining, 2nd Edition.

It’s been 26 years since the first edition of Canadian Law of Mining was published, and much has changed in that time. Fortunately, all of those developments are reflected in this updated version written by mining law expert Barry Barton. This comprehensive and authoritative resource seeks to provide “an organized account of the law” while evaluating “the state of the law … [including] the work of policy makers, law drafters and judges.” In short, as Barton explains in the text’s opening chapter, “The book seeks to discuss mining law as well as describe it.”

A wide-ranging treatise
The mining industry plays a critical role in Canada’s economy, with mineral exploration activity taking place in almost every province and territory across the country. Canadian Law of Mining, 2nd Edition covers the main areas of mining law through expert commentary and analysis on the latest developments and leading case law. The areas covered include:

  • Property law – private ownership of part of the land vs. public ownership of minerals
  • Mining legislation – mining acts and regulations in provinces and territories across Canada
  • Lands and social framework – environmental values, and the relationships between mining and the people affected by mining operations
  • Transactions – financing and international deals as well as contract law governing these transactions

This treatise addresses the full range of topics related to mining law, including information about mineral rights, claim-staking, disposition and transfer of mining rights, interests and royalties, acquisition of rights and interests from the Crown, withdrawal of lands from mining, surface rights, and mining issues related to the rights and interests of Indigenous peoples. It also includes a chapter on Canadian companies mining internationally.

An indispensable resource
Canadian Law of Mining, 2nd Edition is a must-have text for anyone working with or within Canada’s mining community, including:

  • Mining and environmental lawyers who need an easy reference guide to all mining-related matters
  • In-house counsel at companies dealing with mineral extraction or mining-related activities as a comprehensive reference work to understand the many facets of mining law
  • Government employees who are looking for an up to date resource on the current state of mining law in Canada, as well as a comparative analysis of other common law jurisdictions
  • Executives and management in mining companies who need to understand the subtleties and complexities of mining law
  • Indigenous Communities, NGO’s & others affected by mining activity and seeking to understand the relevant legal framework
  • Scholars who are researching mining law
  • Law libraries and associations who want to provide comprehensive resources for their patrons and members

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Table of contents

Chapter 1: Introduction
Chapter 2: Private ownership of minerals
Chapter 3: Crown ownership and Crown grants
Chapter 4: Indigenous ownership and interests
Chapter 5: History of mining legislation
Chapter 6: Acquisition of title
Chapter 7: Prospecting licenses
Chapter 8: Land open for acquisition
Chapter 9: Ground staking of claims
Chapter 10: Substantial compliance
Chapter 11: Online acquisition
Chapter 12: Exploration permits
Chapter 13: Assessment work and cancellation
Chapter 14: Mining leases
Chapter 15: Disputes
Chapter 16: Nature of rights
Chapter 17: Free entry policy
Chapter 18: Use of Crown land
Chapter 19: Use of private land surface rights
Chapter 20: Parks and protected lands
Chapter 21: Expropriation of claims and leases
Chapter 22: Environmental regulation
Chapter 23: Mineral exploration permits
Chapter 24: Rehabilitation
Chapter 25: Sand gravel and industrial materials
Chapter 26: Social license to mine
Chapter 27: Transfers recording title
Chapter 28: Transactions in mining properties
Chapter 29: Options and joint ventures
Chapter 30: Royalties
Chapter 31: Confidential information
Chapter 32: Financing and securities
Chapter 33: International transactions
Chapter 34: Overview