Exploration And Mining In Canada

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Exploration andMining in Canada:An Investor’s Brief

Exploration andMining in Canada:An Investor’s BriefFebruary 2016

Disclaimer:The intent of this publication is to provide potential investors and the general public with broad information on theminerals and metals sector in Canada, and to promote investment in exploration projects and mining operations.This publication has been prepared on the basis of information available at the time of writing and is not intended toprovide comprehensive information, advice, or endorsement of specific projects, nor should it serve as a basis formaking investment decisions. The Government of Canada makes no warranty of any kind with respect to the contentand accepts no liability, either incidental, consequential, financial or otherwise, arising from the use of this publication.Cat. No. M34-29/2016E (Print)ISBN 978-0-660-04572-6Cat. No. M34-29/2016E-PDF (Online)ISBN 978-0-660-04571-9Aussi disponible en français sous le titre :Exploration et exploitation minières au Canada : Un aperçu pour les investisseursFor information regarding reproduction rights, contact Natural Resources Canada atnrcan.copyrightdroitdauteur.rncan@canada.ca. Her Majesty the Queen in Right of Canada, as represented by the Minister of Natural Resources, 2016

Table of ContentsAn Investment Destination of Choice. 2A World Leader in Mining. 6Canada’s Trade Advantage. 7The Governance Partnership. 9Indigenous Peoples: Partners in Development. 11Regulatory Environment for Mineral Development. 14Investing in Mining Activity in Canada. 16Tax Provisions for Mining. 19Securities Regulations. 23ANNEX: Additional Sources of Information. 24The Investor’s Brief provides investorsinterested in Canada’s mineral exploration,mining and metallurgical industrieswith useful information and appropriatecontacts for more comprehensive queries.The Brief is intended to help informpotential investors on Canadian mineralresource development legislation andregulations at the federal, provincial,and territorial levels. It explainsCanada’s regulatory and non-regulatoryapproaches to mineral resourcedevelopment, identifies variousresponsible authorities across thecountry, and provides information aboutinvesting in, or acquiring, a Canadianexploration or mineral developmentproject. It is a complementary tool toexisting material and contains referencesto direct readers to sources of morecomprehensive information.This Brief was assembled by NaturalResources Canada’s Minerals andMetals Sector (MMS) with input from theprovinces and territories, other federalgovernment departments, and a diversegroup of external stakeholders.

An InvestmentDestination of ChoiceCanada is widely regarded as one of thebest destinations in the world for mineralinvestment—with good reason.Longstanding democratic institutions and rulesof law underpin a solid, stable, and secureeconomy. Add to these a strong commitment totransparency, clear regulations and governance,a solid economic framework, and an ease ofdoing business—these are the reasons whyCanada is one of the top destinations forexploration and mining investment.Add to this foundation a diverse and richendowment of mineral resources, ongoinginvestment in public geoscience, a favourable taxregime, fiscal measures to encourage explorationand mining activity, world-class mine operatorsand suppliers of equipment, professional servicesand expertise in mine financing, and a commitmentto sustainable resource development—indeed,Canada is more than a leading jurisdictionfor mineral development, it is also a leaderin exploration and mining around the world.Immense mineral potentialfrom aluminum to zincCanada is a reliable and responsible supplierof over 60 minerals and metals.It is the world’s number-one producer of potashand among the leading producers of keycommodities such as primary aluminum,1 cobalt,diamonds, gold, nickel, platinum group metals,salt, tungsten, and uranium.Canada’s rich mineralendowment has led tothe development of majormining regions such as theLabrador Trough on the Quebec-Newfoundlandand Labrador border for iron ore; the Abitibi goldbelt (Quebec and Ontario); the nickel-copperplatinum group elements mines of the Sudburyregion (Ontario); the potash and uranium mines ofSaskatchewan; the metallurgical coal, copper-goldand molybdenum mines of British Columbia; andthe diamond mines of the Northwest Territories.Its range of commodities and stable investmentclimate make Canada a leading exporter ofminerals and metals. Valued at 91.7 billion in2015,2 Canada’s domestic mineral commodityexports—which include ores, concentrates,and semi-fabricated and finished mineralproducts—accounted for 19% of its totalmerchandise exports.There is the potential for much more. Along witha mineral endowment of the more traditionalcommodities such as gold, base metals anddiamonds, mineral exploration in Canada alsoincludes emerging commodities—rare earthelements, graphite, lithium and others—usedin highly valued applications in both the cleantechnology and the information technology sectors.Since 2002, Canada has ranked 1st in nonferrousmineral exploration budgets.In 2015, Canada remained the world’s top destinationfor nonferrous mineral exploration, attracting 14% ofbudgeted expenditures.In 2014–2015, over 40 companies from 13 countriesinvested in Canada’s mining sector.Sources: SNL Metals and Mining; Natural Resources Canada12 Canada accounts for a significant amount of the global production of primary aluminum, but does not host a domestic sourceof bauxite, an ore that is first processed into alumina and then into aluminum. Thus, Canadian-based operators must import100% of this commodity to supply their smelters.Natural Resources Canada.2 Exploration and Mining in Canada: An Investor’s Brief

Mining Regions of CanadaSource: The Mining Association of CanadaOpen economy and market principlesClear and consistent regulationsCanada maintains an open economy, based onrespect for the principles and recognition of theeffectiveness of the marketplace.Canada’s stable federal system and clearlydefined roles and responsibilities for provincial andterritorial jurisdictions add to the transparency andpredictability that make it an attractive destinationfor mineral development. Canada is committedto continuously monitoring and improving itsregulatory system.Through numerous free trade agreements, Canadaenjoys mutually beneficial duty-free access toleading economies across the globe. Known forits reliability as a trading partner, Canada is readyto meet the minerals and metals demands of theworld’s increasingly integrated value chains.Competitive mineral taxationCanada has the lowest overall tax rate for newbusiness investment among the G-7 countrieswith corporate tax rates as low as 15% at thefederal level and varying from 10% to 16%at the provincial and territorial level.The federal government and provinces/territoriesalso offer a variety of mining sector-specificfiscal incentives, such as unique and innovativeflow-through shares (FTS), to help mitigate therisks associated with mineral exploration.Expertise second to noneAccess to a reliable supporting supplies andservice industry contributes to the successof investments at all stages—and Canada’smining expertise covers the full cycle: exploration,geophysics, geology, geochemistry, remotesensing, drilling, exploration financing, investmentanalysis, due diligence, legal services, analyticallaboratories, engineering services, logisticalsupport, environmental management, and more.Canada also offers a skilled and experiencedlabour force supported by skills developmentprograms in educational institutions and traininginitiatives led by various levels of government.3

Infrastructure to deliver the goodsAccording to the World Bank, Canada has oneof the world’s best logistics infrastructures,3including ports and railways. With a multimodalinfrastructure system, the Canadian transportationadvantage includes natural deep-water harbours—some are ice-free year-round—low port dwelltimes, fast transit times, and efficient border andsecurity processes.Canada’s 18 largest ports are operated byport authorities guided by boards that includerepresentatives of the user community, ensuringthey are competitive, efficient, and designed tomeet the needs of commercial users. Ports on theeast and west coasts allow expedient shippingto European and Asian markets alike, while anextensive transportation network along Canada’ssouthern border provides easy access to theUnited States, the largest export destinationfor Canada’s minerals and metals sector.Canada recognizes the need for continuousimprovement and expansion of existinginfrastructure, especially in remote regionsand in its North.Public geoscience to reduce riskTo help investors make informed decisions andto reduce the risk and cost of future exploration,the federal, provincial, and territorial governmentsdeliver extensive public geoscience programs.Canada’s provinces and territories have robustpublic geoscience programs that facilitate theexploration for, and development of, their mineralresources. These programs provide regionalgeological context and assist in the selectionof exploration targets.4Data collected through the federal Geo-Mappingfor Energy and Minerals Program5 supportinformed land-use and resource investmentdecisions in Canada’s North, while the TargetedGeoscience Initiative6 provides industry with thenext generation of geoscience knowledge andinnovative techniques, enabling more effectivetargeting of deep mineral deposits. Provincialand territorial geological surveys have in-depthgeoscience data available to the public. These datashould be used to inform investment decisions.The Green Mining Initiative (GMI) brings togethervarious stakeholders to develop green technologies,processes and knowledge for sustainable mining.The GMI also targets the development of innovationsfor energy efficiency and technologies toenable mining to leave behind only clean water,rehabilitated landscapes, and healthy ecosystems.Its objective is to improve the mining sector’senvironmental performance, promote innovationin mining, and position Canada’s mining sectoras the global leader in green mining technologiesand practices.Source: Green Mining Initiative (2013). Natural Resources Canada.Retrieved from ng/8178.Driving innovation and clean technologyThe Canadian government works to accelerate thepace of innovation in mining through a number ofprograms that encourage collaboration with privatesector companies.Foreign mining firms can take advantage ofCanada’s expertise through research, developmentand deployment (RD&D) programs andcollaborations with Canadian-based researchorganizations. Canada has centres of excellence,research institutes, specialized university andcollege programs, and several provincial, territorialand national associations that support theimplementation of innovative practices withinthe exploration and mining sector.3World Bank, International Logistics Performance Index (2014).4Public Geoscience: logy/10862.5GEM: argeted Geoscience Initiative: .4 Exploration and Mining in Canada: An Investor’s Brief

Innovative Mining Initiatives in CanadaTowards Zero Waste in Mining: Strategyfocused on reducing waste in the mineralsindustry to zero in 20 years.Directs and coordinates step-changeinnovation in the areas of exploration,deep mining, integrated mine engineering,underground mine construction andenvironment, and sustainability for the metalmining industry.Société de recherce et développementminier (SOREDEM): Identifies, develops,and disseminates research and developmentprojects and opportunities in a spirit ofinnovation, efficiency, and collaboration.Towards Sustainable Mining: The MiningAssociation of Canada’s program to enablemining companies to meet society’s needsfor minerals, metals and energy productsin the most socially, economically andenvironmentally responsible way.Working to bring economically viable, cleantechnologies to market.Develops and delivers quality appliedresearch to manage risks in the mining sectorand beyond.The Prospectors & Developers Associationof Canada’s e3 Plus is an online informationresource to help companies exploring forminerals improve their social, environmental,and health and safety performance.Works to improve the competitiveness ofindustrial operations through the developmentand transfer of technological innovationsthat are consistent with sustainabledevelopment objectives.A non-profit organization committed todeveloping and implementing innovativeeducation, training, research anddevelopment partnerships for supportinga world-class minerals industry.Founded in 1898, the Canadian Institute ofMining, Metallurgy and Petroleum (CIM) isthe leading not-for-profit technical societyof professionals in the Canadian minerals,metals, materials and energy industries.5

A World Leader in MiningAs a producer of more than 60 minerals andmetals with more than 200 producing mines;50 nonferrous smelters, refineries and steelmills; and nearly 7,000 sand and gravel pits andstone quarries, Canada is truly one of the world’smining nations.In 2014, the total value of mineral productionin Canada reached C 45 billion. Mining-relatedsupport activities and the mineral processingsector accounted for 3.6% of Canada’s grossdomestic product (GDP), provided employmentopportunities for some 370,000 workers, andremained a significant employer of Indigenouspeoples in Canada—some 10,000 Indigenouspeople were employed by the industry.Canadian cities such as Toronto and Vancouverprovide regional bases for supporting mining andallied industries through financial and other servicesectors. While Vancouver is also home to theworld’s largest cluster of exploration companies,the city of Toronto is a major global hub formining financing. Toronto’s stock exchangesaccounted for 62% of the world’s mining equitycapital in 2014—raising almost C 9 billion.The Toronto Stock Exchange (TSX) and TSXVenture Exchange (TSXV) list 57% of the world’spublicly traded mining companies, and togethertraded more than 148 billion of equity in 2015.Other cities with a mining heritage that are stillactively mining—Sudbury in Northern Ontario, forexample—are hubs for innovation in mining, whileregional mining centres such as Val-d’Or, Quebec,drive innovation in mining equipment and logistics.Dawson City, Yukon, as home of the gold rush, isindicative of Canada’s rich northern geology.6 Exploration and Mining in Canada: An Investor’s BriefNYSE/NYSEMKT3%JSE1%2014 Global Mining Equity 14.25 BillionTSX & TSXV62%ASX29%LSE/AIM5%Source: TMX Group LimitedTSX & TSXV – Toronto Stock Exchange andTSX Venture ExchangeNYSE MKT – New York stock exchangeand marketsJSE – Johannesburg Stock ExchangeASX – Australian Securities ExchangeLSE/AIM – London Stock Exchange’s market forgrowing companiesCommodity produced(by value)Canada’s globalranking (2015)Potash1stUranium (2014)2ndNickel2thNiobium2ndPrimary aluminum3rdCobalt3rdPlatinum group metals3rdDiamonds (2014 value)3rdTungsten4thSalt4thSulphur (elemental)4thGold5th

Canada’s Trade AdvantageWith the conclusion of the Canada-EuropeanUnion Comprehensive Economic and TradeAgreement (CETA) in September 2014 and theTrans-Pacific Partnership (TPP) agreementin October 2015, Canada will have free tradeagreements (FTA) with 51 countries. Onceimplemented, CETA, TTP and our existing FTAswill create favourable trade conditions with morethan 60% of the global economy.In this context, Canada has the potential tobecome the only G-7 nation with free trade accessto the United States, the Americas, Europe, andthe Asia-Pacific region.7Canadian-basedcompanies producinggoods and services inCanada can take full advantageof these FTAs.Canada has also signed Foreign InvestmentPromotion and Protection Agreements (FIPA)with 37 countries. These agreements outline theconditions that signatories must put in placein order to provide a more transparent andpredictable climate for investors.The Investment Canada Act7 describes when andhow proposed foreign investments in Canada arereviewed and the expectations placed on foreigninvestors in Canada.Investment Canada Act .7

The United States remains Canada’s primary trading partner in the minerals and metals sector,accounting for more than half of imports and exports. The European Union, China and Hong Kong,Japan, South Korea, and India are also significant trading partners. With its extensive resources andother attributes, Canada has the capacity to maintain its status as a reliable supplier to its existingpartners while forging trade relationships with new partners around the world.Canada’s Exports in Minerals and Metals Reached C 91.7 Billion in 20155%3% 2%2%2%19%11%56%European UnionChinaUnited StatesJapanIndia8 Exploration and Mining in Canada: An Investor’s BriefOther

The Governance PartnershipCanada is a federal state with 1 federal (theGovernment of Canada), 10 provincial and3 territorial governments.Minerals, metals and other natural resources areowned and managed by the government of theprovince or territory in which they are located.Resources on federal lands, in offshore waters,and on the continental shelf are owned by thefederal government.In keeping with the ownership of the resources,most mining activities are regulated by theprovince or territory in which a mine or projectis physically located. Each jurisdiction has its ownmining, environmental, and occupational healthand safety legislation. Direct federal involvementin the regulation of mining operations is limited andspecific in nature. For example, it includes uraniumin the context of the nuclear fuel cycle, fromexploration through toits final disposal, includingboth reactor and mine waste,and shared responsibilities forenvironmental protection.The three territories (Yukon, the NorthwestTerritories, and Nunavut) have responsibilitiesin the areas of land-use planning, environmentalassessment, and water resources, and generallyoperate under a system of co-management boardswith representation from Indigenous groups.The federal, provincial, and territorial governmentshave shared responsibility in a number of areas,such as taxation and the environment. Althoughthey are largely similar from one jurisdiction toanother, each jurisdiction does have its owndistinct regulatory regime governing mineralexploration and development activities.Division of responsibilities FederalFederal lands and CrowncorporationsFiscal and monetary policyCorporate income taxInternational relations, tradeand investmentNational statisticsExplosives regulationsNuclear energy anduranium miningIntegrated oceanand navigable watersmanagementFoundational geoscience data Provincial/territorialExploration and developmentof resource extractionResource ownership andmanagementLand-use decision-makingMining royalties andprovincial income taxesResource exploration anddevelopment regulationsOperational matters,e.g., licensing, permitting,monitoringProvincial statisticsGeneration and distribution ofelectricityPre-competitive provincialgeoscience data SharedEconomic developmentEnvironmental protection andconservationScience and technologyHealth and safetySkills and trainingIndigenous affairsIncome taxesSales taxesHuman rightsResearch and development9

Local, municipal and Indigenous governmentsThere are also local or municipal governments to consider. These governments are created underprovincial law and can administer by-laws dealing with local matters, such as municipal land-use planningand the issuance of permits for construction, water supply and distribution, and waste management.In addition, Indigenous governments can exercise a range of governmental powers over reservelands and other territories covered by specific agreements negotiated with the federal and provincialgovernments. Indigenous governance on reserves has many of the same powers and responsibilitiesas local, municipal or provincial governments.10 Exploration and Mining in Canada: An Investor’s Brief

Indigenous Peoples:Partners in Development“Indigenous peoples” is a collective namefor the original peoples of North America andtheir descendants. The Canadian Constitutionrecognizes three groups of Indigenous peoples:First Nations, Métis and Inuit. These are threedistinct peoples with unique histories, languages,cultural practices, and spiritual beliefs. More than1.4 million people in Canada self-identify as anIndigenous person.Indigenous communities are located in urban,rural and remote locations across Canada.They include: First Nations Bands located on lands calledreserves in most cases; Inuit communities located in Nunavut,the Northwest Territories, Northern Quebec(Nunavik), and Labrador; Métis communities located mainly in Alberta,British Columbia, Ontario, Manitoba, andSaskatchewan; and Urban communities—Métis, Inuit, andFirst Nation individuals who live in citiesor towns that are not part of reserves ortraditional territories.Treaties with Indigenous peoplesThe Government of Canada and the courtsrecognize treaties between the Crown andIndigenous peoples to be solemn agreementsthat set out promises, obligations, and benefitsfor both parties.There are approximately 70 recognized treatiesthat form the basis of the relationship betweenthe Crown and 364 First Nations in Canada,representing over 600,000 First Nations people.RequiredconsultationsSection 35 of the CanadianConstitution recognizes and affirms existingIndigenous and treaty rights, and that suchrights must be considered, and if appropriate,accommodated, when conducting mineralexploration and development activities.Consultation requirements will vary, dependingon the potential impact a proposed mineraldevelopment project may have on Indigenousor treaty rights. Although the responsibility forconsultation and accommodation rests with theCrown, some responsibilities may be delegatedto mining companies as part of a federal orprovincial environmental assessment process.For more information on this, please refer to thesection titled Regulatory Environment for MineralDevelopment on page 14.Early and ongoing engagementMany mineral deposits in Canada are found onlands covered by a treaty or a claim submittedby an Indigenous community. Consequently, earlyand sustained engagement is critical to acquiringand maintaining community acceptance overthe long term and is essential to buildingpartnerships that lead to the successfulrealization of mining projects.For many communities, environmentalsustainability and prevention of significantenvironmental impacts are necessary conditionsfor their support. Communities also expectmineral development on or near their lands toprovide long-term economic benefits that willtranslate into improvements in their quality of life.In this regard, engagement and dialogue amongindustry, communities and governments,11

beginning in the earliest stages of mineraldevelopment, and a sustained, robust level ofengagement over time, are critical to buildingtrust, fostering inclusion and partnerships, andmaximizing socio-economic benefits.Exploration and mining agreementsAgreements between mining companies andIndigenous communities play an important rolein shaping the terms under which minerals andmetals are extracted near Indigenous communities.These agreements are known by various names,including impact and benefit agreement (IBA),exploration agreement, participation agreement,cooperation agreement, memorandum ofunderstanding, and socio-economic agreement.12 Exploration and Mining in Canada: An Investor’s BriefThey can include negotiation of any of a numberof standard provisions related to: Economic and business opportunities, such aspriority contracts to Indigenous developmentcorporations and local businesses, andassistance in developing local businesses; Employment and training; Social, cultural and community support; Financial provisions and equity participation; Environmental protection and cultural resources; Mine closure; and Other substantive and procedural provisions(e.g., dispute resolution).Agreements help to provide project proponentswith a framework and tools for relationship-building,project certainty, and clarity on expectations forboth communities and project proponents.

Resources for project proponentsThe Government of Canada and Canadian mining industryassociations, such as the Prospectors & Developers Associationof Canada (PDAC) and The Mining Association of Canada (MAC),have implemented frameworks for responsible exploration andfor sustainable mining, respectively, that offer principles, toolkits, lessons learned, and good practices on social responsibility,environmental stewardship, health, and safety.Indigenous participation in exploration and riginal/7815Early Aboriginal Engagement: A Guide for Proponents of MajorResource Projects: s & Developers Association of Canada (PDAC) e3Plus:A framework for responsible exploration:http://www.pdac.ca/programs/e3-plusThe Mining Association of Canada (MAC) – Towards SustainableMining (TSM): ium of Case Studies: onsible-mineral-development/16482Exploration and Mining Guide for Aboriginal s/aboriginal/bulletin/7823Information products on corporate social nada’s sustainable development modelA clear and transparent regulatory regime reflecting Canada’s commitment to the environment andeffective engagement with Indigenous peoplesCanada’s sustainable development model encompasses multiple dimensions:PP Advances sustainable development, transparency, accountability and certaintyPP Clear land access and security of titlePP Competitive tax regime and fiscal incentives to encourage exploration and attract foreigndirect investmentPP Transparent and predictable environmental regulatory framework with science- andevidence-based environmental assessment decisionsPP Multi-stakeholder engagement and consultation processes, including the Crown duty to consultIndigenous communities (federal, provincial and territorial governments)PP Continued investment in research and developmentPP Strong mining cluster of over 3,000 equipment and service providers13

Regulatory Environment forMineral DevelopmentFederal, provincial and territorial governmentsall have legislative frameworks that set outenvironmental assessment processes prior to theregulatory approval of some mineral explorationactivities and all mine development proposals.The primary purpose of these assessmentsis to determine whether significant adverseenvironmental effects may result from a projectgiven the implementation of environmental impactmitigation measures.Assessment processEnvironmental assessment in Canadianjurisdictions involves the engagement of thepublic. The process is also used to informproject planning, environmental managementplans and regulatory decisions. Althoughprocesses vary from one jurisdiction to another,common steps include:1. The preparation of an environmental impactstatement or similar document on theanticipated environmental effects of theproject and measures proposed to mitigateany adverse impacts (by the proponent);2. The review of the environmental impactstatement in terms of adequacy ofinformation and consistency withguidelines (by the government);3. A report on the environmental assessmentprocess with a conclusion on the significanceof environmental effects and impact mitigationmeasures (by the government); and4. A decision by a responsible minister orministers on whether to allow the projectto proceed to the regulatory phase.Key milestones of a generic environmental assessment (EA) processand public participation1. Submissionof a projectdescription2. Determinationof whether anEA is required3. Issuance ofguidelines for theenvionmentalimpact statement4. Preparation ofan environmentalimpact statement5. Review of theenvironmentalimpact statement6. EA reportwith conclusion7. EA decision(statement bythe nent)(Government)(Government)(Government)14 Exploration and Mining in Canada: An Investor’s Brief

JurisdictionRegulatory approvalsFor major development proposals in which bothfederal and provincial or territorial governmentshave regulatory responsibilities, the two levels ofgovernment will often combine their environmentalassessment processes so that they move forwardconcurrently rather than consecutively.The environmental assessment decision is oneof the regulatory processes required to minein Canada. Depending on the project, severalother federal regulatory requirements canapply, including effluent management, fish andfish habitat protection, the use and storage ofexplosives, and navigable waters. Mining permitsand most of the other authorizations for mineralexploration and mining activities fall under thejurisdiction of provincial

enable mining to leave behind only clean water, rehabilitated landscapes, and healthy ecosystems. Its objective is to improve the mining sector's environmental performance, promote innovation in mining, and position Canada's mining sector as the global leader in green mining technologies and practices. Source: Green Mining Initiative (2013).

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