Team Members ()

Publications ()

News ()

Pages ()

Services ()

  • Our Team

    Our Team

    • Lawyers & Clerks
    • Leadership Team
    • Board of Directors
    • Human Resources
    • Marketing & Business Development
    • Paraprofessional Services
  • Our Services

    Our Services

    • Service Areas
      • Aboriginal and Indigenous Law
      • Administrative Law
      • Agribusiness
      • Banking and Financial Services
      • Bankruptcy and Insolvency
      • Business Disputes
      • Business Immigration
      • Class Actions
      • Construction Law
      • Corporate and Business
      • Corporate Finance and Securities
      • Corporate Governance and Compliance
      • Cross-Border Law
      • Education Law
      • ESG (Environmental, Social, & Governance)
      • Estates and Trusts
      • Environmental Law
      • Foreign Direct Investment
      • Franchise Law
      • Health Law
      • Insurance
      • Intellectual Property
      • Labour and Employment
      • Litigation
      • Maritime Law
      • Media & Entertainment
      • Municipal Law
      • P3 and Infrastructure
      • Pensions and Benefits
      • Privacy, Data Protection and Cyber Security
      • Public Law
      • Real Estate
      • Regulation of Professions
      • SISIP LTD Allowances Class Action
      • Tax
      • Technology
      • View All
    • Industries
      • Cannabis
      • Construction & Property Development
      • Emerging & High Growth Companies
      • Energy & Natural Resources
      • Financial Services
      • Government & Institutions
      • Insurance
      • Manufacturing, Processing & Sales
      • Mining
      • Ocean Economy
      • Private Clients
      • Technology
      • View All
    • More Services
      • MC Advisory
      • MC Legal Lab
  • Our Insights
  • Our Firm

    Our Firm

    • Our Values
    • Our History
    • Our Representative Work
    • Our Global Reach
    • Our News
    • Diversity & Inclusion
    • Collective Social Responsibility
    • Pro Bono Program
  • Our Careers

    Our Careers

    • Lawyer Opportunities
    • Business Professional Opportunities
    • Paralegal & Legal Assistant Opportunities
    • Summer Student & Articling Opportunities
    • Diversity & Inclusion
    • Collective Social Responsibility
  • 1.866.439.6246
  • Contact
  • Search
  • Stay Updated
  • Contact Us
  • LexMundi World Ready
  • Privacy Policy
  • http://linkedin.com
  • http://facebook.com
  • http://twitter.com
  • 1.866.439.6246
Home > Our Insights > 5 “Legal” Reasons Why Natural Resource Companies Should Care About Corporate Social Responsibility (CSR)
Publication

5 “Legal” Reasons Why Natural Resource Companies Should Care About Corporate Social Responsibility (CSR)

Published:

December 10, 2014

Author(s):

  • Julie Robinson

Share

Print

“Corporate Social Responsibility” (CSR) as a concept has been floating around in business-speak for years – but stakeholders in the mining and other natural resource industries are increasingly focussing on it. It’s safe to say that CSR is part of the “new normal” in the natural resource sector.

CSR has many definitions, but the common thread is that it relates to voluntary actions beyond legal obligations and contractual requirements that companies take to operate in a sustainable manner. Although CSR has its critics, a growing volume of research and commentary suggests – quite convincingly – that it has many benefits and supporters too. For example, CSR proponents say:

  • Risk Management & Mitigation. CSR helps manage and mitigate many of the social and environmental risks associated with natural resources, and provides a compensation mechanism for the impacts of natural resource extraction.
  • Better Performance. CSR activities can lead to increased employee productivity, innovation and recruitment and retention rates, with a positive bottom-line impact. More directly, Professor Flammer (University of Western Ontario Ivey Business School)  found the adoption of CSR proposals leads to positive announcement returns and superior accounting performance and the London Business School and Harvard Business School found that sell-side analysts progressively assessed US publicly traded companies with high CSR ratings more optimistically over time.
  • Competitive Advantage. CSR can differentiate a company from its competition, particularly vis-à-vis socially and environmentally conscious customers and investors.
  • Enhanced Stakeholder Relations. CSR engages stakeholders by providing a way to be involved in the natural resource project, building positive relations with them – and for this purpose, “stakeholders” includes shareholders and investors and also employees, governments and regulators, non-governmental organizations and the community at large.

If you’re still not convinced of the value of CSR, maybe this will persuade you: although CSR isn’t about the law in the usual sense, CSR activities may arise as a result of, or interact with, laws and legal obligations. Here are 5 “legal” reasons why natural resource companies should care about CSR:

  1. Corporate Law. Under Canadian corporate laws, a corporation’s directors owe the corporations they serve a legal duty of loyalty and good faith, requiring them to act with a view to the corporation’s best interests. Traditional corporate law concepts focus on maximizing shareholder wealth, but recent court decisions have expanded the scope of the traditional approach. A board’s business decisions must still fall within a range of reasonable alternatives (the “business judgment rule”), but directors may also look to the broader interests of stakeholders in determining the corporation’s best interests. These stakeholders may include shareholders and investors, employees, the environment and the community at large –  all of which can be impacted by a company’s CSR activities.
  2. Securities Law. CSR can impact the continuous disclosure requirements of public companies under securities laws. The Canadian Securities Administrators (CSA) Staff Notice 51-333, Environmental Reporting Guidance, gives reporting issuers guidance on disclosure relating to environmental matters pursuant to such requirements by clarifying existing obligations and discussing the various levels of company oversight of environmental disclosure. TSX-listed issuers can also find guidance in the TSX and CPA Canada “A Primer for Environmental and Social Disclosure”.
  3. Aboriginal Law. Governments have a legal duty to consult with affected aboriginal groups when governmental actions might adversely impact existing aboriginal or treaty rights. You might expect adverse physical effects to give rise to the duty to consult, but high-level management decisions or structural changes to a resource’s management may also adversely affect Aboriginal claims or rights, even if they don’t immediately impact the lands and resources. Where natural resource company’s operations may impact on aboriginal rights, this duty to consult could inform the company’s appropriate level of engagement with the aboriginal community under its CSR programs.
  4. Environmental Law. Corporations may face liability for environmental harm under environmental laws, so environmental regulations can significantly impact CSR activities. Federal and provincial governments can not only impose liability under environmental laws, they can also require environmental assessments for certain projects – a cornerstone of which is public consultation. One of the express purposes of the Canadian Environmental Assessment Act  is “to ensure that there are opportunities for timely and meaningful public participation throughout the environmental assessment process”.
  5. Anti-bribery and Anti-corruption Laws. Canada’s anti-bribery and anti-corruption laws (and those of the US and the UK) are aimed at curbing corrupt behaviour by nationals in foreign countries. The Canadian Corruption of Foreign Public Officials Act (CFPOA) prohibits the bribing (including non-monetary bribes) of “foreign officials”, which includes people who hold a legislative, administrative or judicial position of a foreign state and employees of boards, commissions or corporations established to perform a duty or function on behalf of the foreign state. “Facilitation payments” (payments made “to expedite or secure the performance by a foreign public official of any act of a routine nature that is part of the foreign public official’s duties or functions”) are currently exempted from the bribery prohibition. However, the federal Cabinet has approved the repeal of that exemption effective at a future date the Cabinet determines; notably, the analogous US laws still exempt these payments.

On October 23, 2014, the federal government also introduced Bill C-43 which will create the Extractive Sector Transparency Measures Act. This Act would create mandatory reporting for certain entities engaged in (or in control of other entities engaged in) the commercial development of oil, gas or minerals in Canada or elsewhere, and that are listed on a Canadian stock exchange or meet certain asset, revenue or employment thresholds. These entities would have to report specified payments made to both domestic and international government at all levels (including to aboriginal governments) in relation to the commercial development of oil, gas or minerals during a fiscal year. The reporting would only apply to payments (both monetary and “in-kind”) exceeding an amount set by regulation (one is not yet set) or, if there is no set amount, $100,000.


Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Corporate Governance and Compliance Team or our Energy and Natural Resources Team to discuss this topic or any other legal issue.


McInnes Cooper has prepared this document for information only; it is not intended to be legal advice.  You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.

© McInnes Cooper, 2014.  All rights reserved.  McInnes Cooper owns the copyright in this document. You may reproduce and distribute this document in its entirety as long as you do not alter the form or the content and you give McInnes Cooper credit for it.  You must obtain McInnes Cooper’s consent for any other form of reproduction or distribution. Email us at [email protected] to request our consent.

Share

Print
View Related Content

Related Lawyers

  • Julie Robinson

    Julie Robinson

    Partner

Related Services

  • Corporate Finance and Securities
  • Corporate Governance and Compliance
  • Mining
  • Oil and Gas
  • Renewable Energy
  • Environmental Law

Related Industries

  • Energy & Natural Resources
  • Mining
  • Oil and Gas
  • Renewable Energy

Related Publications

View All Publications
  • New Brunswick Business Corporations Act: 10 Key Proposed Amendments

    Jan 27, 2023

    The New Brunswick government has proposed significant amendments to the New Brunswick Business Corporations Act. Bill 24 An Act to Amend the…

    Read More
    Publication
  • Nova Scotia’s Green Hydrogen Sector: 3 Key Legislative Developments

    Jan 25, 2023

    Buzz around the potential of hydrogen as a green energy source has been growing. And the Atlantic Canadian provinces are poised to become a key…

    Read More
    Publication
  • Nova Scotia Ushers in a New Commercial Net-metering Regime

    Nov 10, 2022

    October 2022 amendments to the N.S. Renewable Electricity Regulations have ushered in a new commercial net-metering program in Nova Scotia.…

    Read More
    Publication
  • 7 Deal Protection Measures to Help Avoid the Musk & Twitter M&A Drama

    Oct 28, 2022

    Finally closing on October 27, 2022, the tumultuous Elon Musk/Twitter M&A deal drama has been unfolding for months, with both sides making…

    Read More
    Publication
  • Court Rules in Favour of Non-Indigenous Interests in Lucrative Elver Fishery

    Jun 24, 2022

    The New Brunswick Court of Queen’s Bench has issued a court order to stop Indigenous fishers (all apparently members of the Wolastoqey Nation)…

    Read More
    Publication
  • Aquaculture Regulatory Decisions: The Critical Role of Industry Engagement

    Jun 6, 2022

    The Federal Court’s April 22, 2022 decision in Mowi Canada West Inc. v. Canada (Fisheries, Oceans and Coast Guard) has implications for the…

    Read More
    Publication
  • Going Public: 3 IPO Alternatives

    Apr 20, 2022

    If you’ve reached the stage in your financing lifecycle where you’re ready to take your company public, you might think you’ve only got…

    Read More
    Publication
  • N.L. Corporations Act: 3 Key Changes Effective April 1, 2022

    Feb 23, 2022

    On April 1, 2022, changes to the Newfoundland and Labrador Corporations Act proposed in Bill 24 An Act to Amend the Corporations Act will take…

    Read More
    Publication
  • Appeal Court Confirms Key Role of Courts & Injunctions to Resolve Disputes

    Feb 3, 2022

    On January 26, 2022, the British Columbia Court of Appeal extended an injunction preventing protesters from interfering with a logging…

    Read More
    Publication
  • NS Environmental Goals & Climate Change Reduction Act: In Pursuit of Sustainable Prosperity

    Nov 10, 2021

    On November 5, 2021, the Province of Nova Scotia passed the Environmental Goals and Climate Change Reduction Act. The Act will serve as the…

    Read More
    Publication
  • NB Greenhouse Gas (GHG) Emissions Reduction Regulation: 5 Key Obligations

    Oct 29, 2021

    The New Brunswick Reduction of Greenhouse Gas Emissions Regulation, effected under the N.B. Climate Change Act, establishes specific…

    Read More
    Publication
  • Webinar | Growing Out Atlantic Canada’s Aquaculture Industry

    Oct 19, 2021

    Canada’s aquaculture industry is poised for growth but that growth is being challenged by regulatory uncertainty and a lack of confidence…

    Read More
    Webinar
  • Hiring a Foreign Company to Provide Services in Canada? 3 Immigration Issues

    Jul 27, 2021

    Canadian entities regularly contract with foreign companies to provide services in Canada. To complete its obligations under the contract, the…

    Read More
    Publication
  • Limited Options: New Employee Stock Option Tax Rules Effective July 1, 2021

    Jun 24, 2021

    Many employers use equity compensation plans like employee stock option plans to attract, motivate, and retain talent. One reason stock options…

    Read More
    Publication
  • Dutch Court Orders Corporation to Reduce Emissions in Landmark Decision

    Jun 1, 2021

    This publication has been updated as at July 22, 2021. On May 26, 2021, the Hague District Court in the Netherlands ordered Royal Dutch Shell…

    Read More
    Publication
  • The N.S. Shared Solar Energy Program: 3 Key Facts

    Apr 13, 2021

    On April 7, 2021, the Nova Scotia government introduced Bill 97, amendments to the N.S. Electricity Act aimed at growing the solar industry in…

    Read More
    Publication
  • Professional Health Services Sector M&A Deals: 5 Legal Positioning Tips

    Mar 26, 2021

    Merger and acquisition deals are still happening across all sectors, perhaps at an even higher rate than pre-COVID-19 pandemic, even if the…

    Read More
    Publication
  • The Indigenous Right to a Moderate Livelihood: A Need for Clarity

    Jan 20, 2021

    This publication has been updated as at July 8, 2022. 2020 was a year filled with challenges, including in the relationship between…

    Read More
    Publication
  • Getting the Deal Done: 3 Key Terms to Conserve Cash in M&A Deals

    Nov 24, 2020

    An economic downturn can result in an M&A uptick: there can be more attractive targets on the market, and sellers can be more motivated to…

    Read More
    Publication
  • Canadian Governance Diversity Disclosure Obligations: Get on Board

    Sep 29, 2020

    This publication has been updated as at December 22, 2022. It’s a forgone conclusion that diversity in thought and in leadership makes good…

    Read More
    Publication
  • Top 5 Legal Considerations When Launching a FINTECH Startup

    Jun 12, 2020

    The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.

    Read More
    Publication
  • Coping with COVID-19: The Impact on Contractual Performance in the Energy & Natural Resources Sector

    Apr 20, 2020

    As countries around the world grapple with the spread of COVID-19, global restrictions and containment measures have presented a range of…

    Read More
    Publication
  • Coping with COVID-19: 5 Steps to Compliant Socially Distant AGMs

    Mar 17, 2020

    Business corporations laws and stock exchange policies mandate that issuers hold annual general meetings (AGM) and set requirements for when and…

    Read More
    Publication
  • N.S. Battens Down Marine Renewable Energy Power Purchase Agreement (PPA)

    Feb 4, 2020

    Tidal developers considering responding to the FORCE Berth D procurement now have a clearer view of just what the successful proponent will get.…

    Read More
    Publication
  • Still an Option: Feds Delay New Tax Rules for Employee Stock Options

    Jan 30, 2020

    NOTE: The new tax rules for employee stock option plans take effect on July 1, 2021. Learn more at Limited Options: New Employee Stock Option…

    Read More
    Publication
  • CSA Staff Notice 51-359: Corporate Governance Compliance by Public Cannabis Co.’s

    Jan 22, 2020

    All issuers must comply with both periodic and ongoing securities law corporate governance (and other) disclosure requirements. This can,…

    Read More
    Publication
  • 5 Key Requirements of Canada’s Federal Environmental Emergency Regulations

    Nov 22, 2019

    The Environmental Emergency Regulations, effected under section 200(1) of the Canadian Environmental Protection Act (CEPA) and in force since…

    Read More
    Publication
  • 5 Key FAQs About Canadian Cannabis Company “Key Investor” Disclosure Requirements

    Jun 26, 2019

    Information disclosure is a key theme that emerges from Canada’s new cannabis regulatory regime: the government wants lots of information from…

    Read More
    Publication
  • “Register for Individuals with Significant Control”: 5 Key Facts CBCA Corporations Need to Know to Comply

    May 21, 2019

    As of June 13, 2019, private companies incorporated under the Canada Business Corporations Act (CBCA) must prepare and maintain a register of…

    Read More
    Publication
  • Cannabis Compliance: 3 Tips to Help Cannabis Industry Reporting Issuers Comply with Securities Law Disclosure Obligations

    Nov 16, 2018

    Companies engaged in the cannabis supply chain are highly regulated by federal and provincial cannabis-specific laws as well as a myriad of…

    Read More
    Publication
  • 3 Ways P.E.I.’s Business Corporations Act Modernized P.E.I. Corporations

    Jul 18, 2018

    This publication has been updated as at January 26, 2023. Prince Edward Island corporations were formerly governed by the P.E.I. Companies…

    Read More
    Publication
  • Dan Watt in Energy Regulation Quarterly | The Impact Assessment Act, Canadian Energy Regulator Act and Offshore Energy: A View from Atlantic Canada

    Jul 10, 2018

    If enacted, Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation…

    Read More
    Publication
  • The Evolving Duty to Consult Indigenous Peoples: N.S. Court Recognizes a “Duty of Enforcement Consultation” in R. v. Martin

    Jun 29, 2018

    The Crown’s duty to consult Indigenous Peoples has evolved considerably since the Supreme Court of Canada’s first detailed articulation of…

    Read More
    Publication
  • The More Modern & Transparent Canada Business Corporations Act (CBCA)

    Jun 12, 2018

    This publication has been updated as at July 8, 2022. Changes to the Canada Business Corporations Act (CBCA) over the past several years have…

    Read More
    Publication
  • More Valuable Than Money? The 5 Most Common Equity Compensation Plans

    Apr 2, 2018

    Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

    Read More
    Publication
  • Bill C-69 & The New Federal Offshore Renewable Energy Regime

    Feb 20, 2018

    The Canadian federal government has finally revealed how it proposes to regulate offshore renewable energy developments in federal waters. On…

    Read More
    Publication
  • Bill C-69 & the New Federal Impact Assessment Act: The Impact on the Role of the Canada-Nova Scotia Offshore Petroleum Board (CNSOPB) and the Canada-Newfoundland and Labrador Offshore Petroleum Board (CNLOPB)

    Feb 20, 2018

    On February 8, 2018, the Canadian federal government proposed a new Impact Assessment Act in Bill C-69, An Act to enact the Impact Assessment…

    Read More
    Publication
  • Navigating the N.S. Marine Renewable Energy Regime: What Project Developers Need to Know

    Feb 13, 2018

    The much-anticipated Nova Scotia marine renewable energy regime finally has the force of law.  First introduced over two years ago, the Nova…

    Read More
    Publication
  • A Whale of a Change: 5 of the Key Changes DFO Proposes to Canada’s Fisheries Act

    Feb 9, 2018

    NOTE: On June 21, 2019, Bill C-68, An Act to Amend the Fisheries Act and other Acts in consequence, took effect.  On February 6, 2018, Bill…

    Read More
    Publication
  • Williams Lake Indian Band v. Canada: Crown Breached Fiduciary Duty to Indigenous Community – in 1858

    Feb 8, 2018

    Over the past 15 years, most of the Supreme Court of Canada’s decisions respecting Indigenous Peoples in Canada have revolved around the…

    Read More
    Publication
  • Is cryptocurrency the right tool for your company to raise capital? 5 FAQs about Initial Coin Offerings (ICO)

    Dec 22, 2017

    Blockchain technology has already been a transformative force in a number of sectors. Its most prominent use to date has been as the…

    Read More
    Publication
  • Balance Between Public & Operator Interests in Offshore Petroleum Resources Data is Set

    Nov 30, 2017

    On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the decision…

    Read More
    Publication
  • “Facilitation Payments” to Foreign Public Officials Violates Canada’s Corruption of Foreign Public Officials Act

    Nov 17, 2017

    It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…

    Read More
    Publication
  • Newfoundland & Labrador Offshore Oil Royalty Regulations November 1, 2017: Key Changes to the Offshore Regime

    Nov 9, 2017

    On November 3, 2017, the Newfoundland and Labrador Government published new Offshore Oil Royalty Regulations replacing the Royalty Regulations,…

    Read More
    Publication
  • Supreme Court of Canada Tackles Freedom of Religion & the Duty to Consult in Ktunaxa Nation v. British Columbia (Forests, Lands and Natural Resource Operations)

    Nov 7, 2017

    On November 2, 2017, the Supreme Court of Canada was faced with the Ktunaxa Nation’s claim that a Ministerial decision to approve a project…

    Read More
    Publication
  • 2018 Planning Starts Now for TSX-Listed Issuers: TSX Updates Disclosure Requirements

    Nov 2, 2017

    On October 19, 2017, the Toronto Stock Exchange (TSX) announced it had adopted amendments to its Company Manual. Originally proposed in Spring…

    Read More
    Publication
  • Canada Has Other Fish to Fry Between NAFTA Negotiation Rounds: CETA Provisionally Effective September 21, 2017

    Oct 11, 2017

    The fourth round of NAFTA negotiations is set to start on October 11, 2017. But in the meantime, the Canada-European Union Comprehensive…

    Read More
    Publication
  • Proposed N.S. Marine Renewable Energy Act Amendments: New Demonstration Permit for Marine Renewable Energy in Wind & Waves

    Oct 6, 2017

    On October 5, 2017, the N.S. government took another step toward creating a globally competitive marine renewable energy industry and associated…

    Read More
    Publication
  • Charting a Course for Good Governance of Canada’s Emerging Ocean Economy | Offshore Aquaculture and Ocean-based Renewable Energy

    Sep 29, 2017

    Atlantic Canada is at a turning point. The region’s history and economic development have historically been inextricably linked to the ocean.…

    Read More
    Publication
  • 5 Anti-Corruption Law Compliance Program Tips

    Aug 16, 2017

    In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…

    Read More
    Publication
  • Crown Can Rely on National Energy Board to Fulfill its Duty to Consult

    Jul 28, 2017

    All stakeholders in any major project development already know that adequate consultation before - rather than after - a project is approved is…

    Read More
    Publication
  • Steering clear of personal liability for oppression: Supreme Court of Canada offers guidance to corporate leaders in Wilson v. Alharayeri

    Jul 17, 2017

    A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…

    Read More
    Publication
  • Making Waves: What CETA means for Atlantic Canadian Fisheries

    Jul 11, 2017

    The Canada-European Union Comprehensive Economic Trade Agreement (CETA) is making waves in Canada, and for good reason: it casts the net of…

    Read More
    Publication
  • Canada v. Mikisew Cree First Nation: Court to Decide Whether Duty to Consult Also Applies Before Legislation is Enacted

    May 26, 2017

    On May 19, 2017, the Supreme Court of Canada agreed to hear the appeal of the Federal Court of Appeal’s 2016 decision in Canada v Mikisew Cree…

    Read More
    Publication
  • Anti-Corruption Law Exposes Payments to Governments Under Extractive Sector Transparency Measures Act

    May 11, 2017

    The Extractive Sector Transparency Measures Act is one of several anti-bribery and anti-corruption laws aimed at fighting corruption in the…

    Read More
    Publication
  • Appeal Court Maintains Balance Between Public & Operator Interests in Offshore Petroleum Resources Data

    May 1, 2017

    NOTE: On November 30, 2017, the Supreme Court of Canada denied Geophysical Service Incorporated’s (GSI) application for leave to appeal the…

    Read More
    Publication
  • Cannabis Legalization in Canada: Seeds have sprouted, but the branches are still bare

    Apr 20, 2017

    On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…

    Read More
    Publication
  • Nip it in the Bud: A 5 Step Plan for Employers to Prepare for Cannabis Legalization in Canada

    Apr 17, 2017

    Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…

    Read More
    Publication
  • Daniel Watt and Sara Mahaney in Gard Update: Legal privilege in the corporate context in Canada

    Apr 6, 2017

    Adding a third jurisdiction to Gard Update’s comparison between privilege in the corporate context under U.S. and English law, McInnes Cooper…

    Read More
    Publication
  • Register Before You Lobby in N.B. under Lobbyists’ Registration Act

    Apr 5, 2017

    NOTE: Consultants who were already lobbying and in-house lobbyists already employed by an organization when the new Act took effect were…

    Read More
    Publication
  • Go Deep: How International Legal Reform Can Prevent Legal Uncertainty from Hindering Offshore Wind & Aquaculture Growth

    Mar 31, 2017

    Legal uncertainty is never a good thing for industry: it’s a barrier to investment, and thus an adversary to growth. Unfortunately, the law is…

    Read More
    Publication
  • 5 Steps for Compliant Disclosure on Social Media

    Mar 30, 2017

    Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…

    Read More
    Publication
  • Cyber Security: A 5-Step Data Breach Risk Mitigation Plan for Corporate Boards & Directors

    Feb 24, 2017

    This publication has been updated as at January 12, 2023. Many organization (66%) store the personal information of customers. employees,…

    Read More
    Publication
  • Confidentiality Risks of Doing Business With the Public Sector Just Got Riskier: Completed NS Access to Information Requests Go Online

    Jan 25, 2017

    Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…

    Read More
    Publication
  • The Atlantic Link: 5 Key Questions About the Electrifying Opportunity to Connect to a New Renewable Energy Market

    Jan 13, 2017

    On January 11, 2017, Emera Inc. offered an electrifying opportunity for renewable energy developers to potentially access the New England…

    Read More
    Publication
  • The Top Three Atlantic Canada Offshore Legal Developments of 2016

    Dec 20, 2016

    As 2016 draws to a close, Oil & Gas Team @ McInnes Cooper offers its picks for the top three legal developments of 2016 that impacted the…

    Read More
    Publication
  • Time to Shine: Nova Scotia to Launch Solar Energy Pilot Program in 2017

    Dec 15, 2016

    On December 13, 2016, the Province of Nova Scotia released for comment draft regulations that will establish the Solar for Community Buildings…

    Read More
    Publication
  • 10 Steps to Anticipate Citizens’ Challenges to New Developments

    Dec 7, 2016

    Recently, the Nova Scotia Supreme Court denied a motion for a temporary stay of proceedings to prevent the deployment of certain tidal devices…

    Read More
    Publication
  • Public & operator interests in offshore petroleum resources data: Where will the balance be struck? in Geophysical Service Incorporated (GSI) v. Encana Corporation

    Nov 9, 2016

    The balance between the public’s interest in accessing offshore petroleum resources data and operators’ commercial interests is at the heart…

    Read More
    Publication
  • Supreme Court of Canada Decides Indian Bands Assessing Leased Reserve Lands for Property Tax Purposes Can’t Have it Both Ways in Musqueam Indian Band v. Musqueam Indian Band (Board of Review)

    Sep 12, 2016

    On September 9, 2016, the Supreme Court of Canada decided in Musqueam Indian Band v. Musqueam Indian Band (Board of Review) that an Indian band…

    Read More
    Publication
  • Ontario Follows Suit With Securities Act Changes Tightening the Belt on Insider Trading Regulation

    Aug 15, 2016

    The standards expected of market participants are steadily increasing in response to demand to address white collar crime – including…

    Read More
    Publication
  • DFO Decides “Last In, First Out” Policy (LIFO) is Out

    Jul 7, 2016

    On July 6, 2016, the Federal Department of Fisheries and Ocean’s (DFO) accepted the Ministerial Advisory Panel (MAP) recommendation in the…

    Read More
    Publication
  • Weigh Now or Weight Later: New Cargo Container Verified Gross Mass (VGM) Rules Effective July 1, 2016

    Jun 20, 2016

    As of July 1, 2016, packed cargo containers to which the International Convention for the Safety of Life at Sea (SOLAS), Chapter VI, Regulation…

    Read More
    Publication
  • The Parameters of Municipal Power: Supreme Court of Canada Decides Municipality Can’t Block Radiocommunication Tower Construction

    Jun 17, 2016

    In its June 16, 2016 decision in Rogers Communications Inc. v. Châteauguay (City), the Supreme Court of Canada decided a municipality’s…

    Read More
    Publication
  • FAQs About AMPs (Administrative Monetary Penalties) in the Canadian Offshore

    Jun 10, 2016

    Administrative monetary penalties, or “AMPs”, are a new phenomenon in the Canadian offshore. AMPs were introduced to the Newfoundland &…

    Read More
    Publication
  • Assertion of Aboriginal Right Does Not Automatically Confer Eligibility to Appeal a Regulatory Approval

    Jun 6, 2016

    On June 2, 2016, the Supreme Court of Canada denied an Alberta First Nation’s request to appeal the Court of Appeal’s dismissal of its bid…

    Read More
    Publication
  • The East Coast Duty to Consult Indigenous Peoples

    Jun 6, 2016

    Each Provincial government is under the legal duty to consult; the manner in which each carries out its legal duty to consult differs depending…

    Read More
    Publication
  • Get Your SEDAR Profile: Changes to Private Placement Filing Requirements Effective May 24 & June 30, 2016

    Jun 6, 2016

    On June 30, 2016, amendments to National Instrument 45-106 Prospectus Exemptions and related changes to Companion Policy 45-106 Prospectus…

    Read More
    Publication
  • 3 Tips to Use “Forward-Looking Information” to Enhance Your Investor Relations

    May 31, 2016

    You’re on a tight timeline to issue a press release. You finish your draft and ‘cut & paste’ your standard “forward-looking…

    Read More
    Publication
  • From Startup to Exit: 5 Key Stages of the Financing Lifecycle

    May 10, 2016

    This publication has been updated as at April 18, 2022. Access to sufficient capital is always a business issue, from the startup stage right…

    Read More
    Publication
  • 5 Key Changes to Early Warning Reporting System Effective May 9, 2016

    May 2, 2016

    Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…

    Read More
    Publication
  • New Early Warning Reporting System Exemptions for Certain Securities Lending Arrangements Effective May 9, 2016

    May 2, 2016

    Amendments changing the early warning reporting system take effect on May 9, 2016, provided all necessary approvals are obtained (except in…

    Read More
    Publication
  • The Legal Defence of Due Diligence: Top 5 FAQs

    May 2, 2016

    “Due diligence” is a legal defence to many charges under occupational health and safety (OHS) laws. Here are five of the most…

    Read More
    Publication
  • The New Nova Scotia Mineral Resources Act: The Good, The Risky & The Neutral

    Apr 21, 2016

    On April 15, 2016, Bill No. 149, The Mineral Resources Act (2016) (2016 Act), passed its second reading in the NS House of Assembly. Although…

    Read More
    Publication
  • Supreme Court of Canada Decides Federal Government Has Legislative Authority Over Métis & Non-Status Indians

    Apr 19, 2016

    On April 14, 2016, the Supreme Court of Canada decided that Métis and “non-status Indians” are “Indians” under section 91(24) of the…

    Read More
    Publication
  • Doing Business With the Public Sector: Key Confidentiality Risks & 3 Risk Management Strategies

    Mar 24, 2016

    When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…

    Read More
    Publication
  • Construction Project Manager Sentenced to 3½ Years for Workplace Accident in R. v. Vadim Kazenelson (aka “Metron”)

    Mar 9, 2016

    In what appears to be the first case of the conviction of a front line supervisor under section 217.1 of the Criminal Code and sentencing to a…

    Read More
    Publication
  • Energy Safety and Security Act (ESSA): 7 Key Changes Toughen Up Atlantic Offshore and North Oil & Gas Regulatory Regime

    Feb 15, 2016

    On February 26, 2016, the bulk of the offshore-related amendments of the Energy Safety and Security Act (ESSA, formerly known as Bill C-22) take…

    Read More
    Publication
  • NB Kicks-off First Request for Expressions of Interest from Aboriginal Businesses Under New Electricity from Renewable Resources Regulation

    Feb 1, 2016

    On January 29, 2016, the New Brunswick Power Corporation (NB Power) kicked-off compliance with its obligations under the new Electricity from…

    Read More
    Publication
  • 5 Key Changes Streamline Venture Issuer Obligations

    Jan 18, 2016

    Things have gotten a bit easier for venture issuers, such as those listed on the TSX Venture Exchange, with recent changes to their obligations.…

    Read More
    Publication
  • Offshore Oil and Gas Decommissioning Best Practices

    Dec 21, 2015

    A practical and current guide created to help you navigate the increasingly important issues surrounding offshore decommissioning and…

    Read More
    Publication
  • New Kid on the Block: Crowdfunding Joins Traditional Equity-Based Funding Options for Startups & SMEs

    Oct 19, 2015

    Access to sufficient capital to fund operations, research and development, and other costs is a key challenge for start-ups and for some small…

    Read More
    Publication
  • University of Calgary, The School of Public Policy Research Paper – Canada, The Law of the Sea Treaty and International Payments: Where Will the Money Come From?

    Sep 8, 2015

    The United Nations Convention on the Law of the Sea requires parties, of which Canada is one, to make payments in respect of oil production on…

    Read More
    Publication
  • The Changing Face of Aboriginal Law: 1 Short Year, 2 Big Court Decisions, 3 Key Implications for the Energy & Natural Resources Sector

    Jul 17, 2015

    On the heels of National Aboriginal Day, we pause to take a look back at two significant Aboriginal law cases decided in the last year, how…

    Read More
    Publication
  • Unproven Aboriginal Rights Enough For Lawsuit Against Private Industry

    Jul 10, 2015

    On April 15, 2015, British Columbia’s Court of Appeal confirmed that First Nations can make certain legal claims grounded in Aboriginal rights…

    Read More
    Publication
  • 3 Reasons for Directors, Officers and Supervisors To Take Occupational Health and Safety Personally

    Jun 25, 2015

    Most people know that a company itself has OHS obligations, and that it risks corporate liability if it violates those obligations. However, not…

    Read More
    Publication
  • Complying With Canada’s Anti-Spam Legislation (CASL): Protecting Directors & Officers from Personal Liability

    Oct 14, 2014

    CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…

    Read More
    Publication
  • The Top 5 Corporate Governance Best Practices That Benefit Every Company

    Sep 16, 2014

    This publication has been updated as at August 25, 2022. Many believe that only public companies or large, established companies with many…

    Read More
    Publication
  • SCC Sets Test for – and Defines Rights of – Aboriginal Title in Canada

    Jun 26, 2014

    On June 26, 2014, in its groundbreaking decision on Aboriginal title in Read the SCC’s decision in Tsilhqot’in Nation v. B.C., 2014 SCC 44,…

    Read More
    Publication
  • Joining the Crowd – NS & NB Consider Crowdfunding

    Jun 11, 2014

    Note: For an update on Crowdfunding, read: New Kid on the Block – Crowdfunding Joins Traditional Equity-Based Funding Options for Start-ups…

    Read More
    Publication
  • Legal Update: Risky Trading – Insiders and Potential M&A’s

    Nov 1, 2013

    Recent decisions of securities regulators and amendments to Canadian securities laws demonstrate regulators' lowered tolerance for insiders who…

    Read More
    Publication
  • A Practical Analysis of “Material Fact”

    May 21, 2013

    In its April 2013 decision in Re Stan, the Alberta Securities Commission provides issuers with a practical approach to the assessment of both a…

    Read More
    Publication
  • A White Paper on Reforming Canada’s Transportation Policies For the 21st Century

    Feb 8, 2013

    While much of the developed world struggles with debt and chronically low growth, Canada, one of the best-performing members of the G-7,…

    Read More
    Publication
  • CSA Staff Notice 11-318: Guidance for Cease Trade Order Database Users

    Aug 27, 2012

    Introduction and Purpose Staff of the Canadian Securities Administrators (CSA Staff or we) are publishing this Staff Notice (the Notice) to…

    Read More
    Publication
  • Canadian Securities Administrators Adopt Rule For Over-The-Counter Issuers

    Jun 1, 2012

    Multilateral Instrument 51-105, Issuers Quoted in the U.S. Over-the-Counter Markets will come into effect on July 31, 2012. Once effective,…

    Read More
    Publication
  • Alert: Supreme Court of Canada Finds Proposed Canadian Securities Act Unconstitutional

    Dec 22, 2011

    On May 26, 2010, the Canadian federal government released the proposed Canadian Securities Act (the Act) which would, among other things, create…

    Read More
    Publication
  • Investor Readiness

    Nov 1, 2011

    Entrepreneurs need to be ready for due diligence, so it’s essential to involve legal advisors and accountants early in the process. Click…

    Read More
    Publication
  • Accounting Firms – Do they need to be registered as exempt market dealers

    Oct 6, 2011

    In 2009 Canadian securities regulators changed the rules relating to securities “registration” – these rules determine who is required to…

    Read More
    Publication
  • A Review of the Project Scope and Environmental Assessment Scope for Mining and Energy Projects Across Canada

    Apr 6, 2010

    Carole Chan was the Co-author of the following publication: A Review of the Project Scope and Environmental Assessment Scope for Mining and…

    Read More
    Publication

Stay Updated

Subscribe to McInnes Cooper to stay current with our leading insights on legal updates, trends, news, events, and services.

Connect With Us:
  • Follow us on Twitter @mcinnescooper
  • Like us on Facebook @mcinnescooperlaw
  • Join us on LinkedIn @mcinnes-cooper
  • 1.866.439.6246
  • Privacy Policy
  • Copyright © 2023 — McInnes Cooper
Lex Mundi Logo MC Advisory Logo