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This intensive and multi-disciplinary certificate is a practical and comprehensive program taught by a faculty of over 30 geologists, mining economists, regulators, financiers, business development executives and lawyers from private practice and industry.

The mining business raises complex ownership, regulatory and contractual issues. Those who work for or with mining companies must understand the industry, the law and the practical strategies required to effectively to manage business and legal risks in multiple jurisdictions.

In five valuable one-day modules, an experienced, multi-disciplinary faculty will cover all phases of mining activity from exploration through closure, including the role and rights of local communities and indigenous peoples.

You will come away from this program with the key knowledge, strategies and tactics that you can immediately use to minimize risk and better meet your client’s needs.

Topics will include:

  • Fundamentals of mining such as exploration methods and resource estimation
  • The stages of mining projects and industry players
  • Standards of disclosure for mineral projects
  • Due diligence and risk assessment: the key provisions
  • Global legal systems for acquiring and securing mining rights
  • The key issues impacting the negotiation and drafting of mining agreements
  • How to structure investments outside Canada
  • Methods for assessing and mitigating environmental risks
  • Types and sources of financing for mining projects
  • International standards of good practice and how to comply with them
  • Strategies for developing a comprehensive Corporate Social Responsibility program
  • Anti-corruption legislation and policies; the reach of governments in enforcement
  • Drafting effective international arbitration clauses
  • How to develop policies and codes of conduct to protect against risks
  • The Extractive Sector Transparency Measures Act: what you need to know


Program Directors

  • Eden M. Oliver, Partner, Bennett Jones LLP
  • Mark Travers, Executive Vice President, Legal, Vale Base Metals

Advisory Board

  • Jeffery A. Snow, Senior Vice President & General Counsel, IAMGOLD Corporation
  • Brian P. Dominique, Partner, Cassels Brock & Blackwell LLP
  • Chris G. Baldwin, Partner, Lawson Lundell LLP


  • Julie Abouchar, Willms & Shier Environmental Lawyers LLP
  • Daniel Altikes, Director of Legal Services, Antofagasta Minerals Canada
  • Ian Arellano, Torys LLP
  • Milos Barutciski, Bennett Jones LLP
  • Thomas Bauer, Partner and Co-Chair, Tax Group, Bennett Jones LLP
  • Mark T. Bennett, Cassels Brock & Blackwell LLP
  • Farrah Carrim, Senior Legal Counsel, Vale Canada Limited
  • Ben Chalmers, Vice President, Sustainable Development, Mining Association of Canada
  • Andrew Cheatle, Executive Director, Prospectors & Developers Association of Canada
  • David G. Clarry, Vice President, Corporate Social Responsibility, Hudbay Minerals Inc.
  • H. Scott Fairley, WeirFoulds LLP
  • Michael Fox, Fox High Impact Consulting
  • Erik Goldsilver, Borden Ladner Gervais LLP
  • Len Griffiths, Bennett Jones LLP
  • Frank Herbert, General Counsel and Corporate Secretary, Centerra Gold Inc.
  • Bruno Kaiser, Managing Partner, Head of Metals and Mining Group, Paradigm Capital
  • Nadim Kara, Senior Program Director, Prospectors & Developers Association of Canada
  • Daniel Levin, White & Case LLP
  • Deborah McCombe, President & CEO, Principal Geologist, RPA Inc.
  • Dr. Bruce McIvor, First Peoples Law Corporation
  • Terri-Lee Oleniuk, Osler, Hoskin & Harcourt LLP
  • Eden M. Oliver, Partner, Bennett Jones LLP
  • John Olynyk, Lawson Lundell LLP
  • Owen C. Pell, White & Case LLP
  • Fred Pletcher, Borden Ladner Gervais LLP
  • Lawrence Devon Smith, Principal, Mineral Economics, Lawrence Devon Smith & Associates
  • Jeffery A. Snow, Senior Vice President & General Counsel, IAMGOLD Corporation
  • Paul Ténière, Senior Manager, Compliance & Disclosure, Mining, Toronto Stock Exchange
  • Mark Travers, Executive Vice President, Legal and Strategic Projects, Vale Canada Limited
  • John S.M. Turner, Head, Global Mining Group, Fasken Martineau DuMoulin LLP
  • Craig Waldie, P.Geo., Senior Geologist, Corporate Finance, Ontario Securities Commission
  • Robert Wisner, McMillan LLP
  • Richard Wong, Osler, Hoskin & Harcourt LLP


  • Day 1: The Osgoode Certificate in Mining Law

    January 19, 2016, 8:15 a.m. – 5:00 p.m.

    Introduction to Mining Fundamentals

    This opening session will provide delegates with a sound understanding of the fundamentals of mining, including geology, resource calculations, mining exploration methods and valuations as well as the terminology used within the industry.

    • Mining life cycle
    • Geology
    • Exploration methods and technology
    • Economic overview of orebody modeling, reserves and resources
    • Mining methods (surface and underground)
    • Mineral processing methods and technologies
    • Reclamation issues
    • Mineral prices and metal revenue
    • Studies and evaluations

    Stages of Mining Projects and Industry Players

    • Target area
    • Obtaining right to explore
    • Permitting – regulatory & community
    • Project development (mine design, planning, methods)
      • feasibility studies (LOM; stages planning & design; reviews)
      • financing
      • impacts
    • Mining and processing
    • Sales
    • Reclamation/post closure
    • Non-operating mineral interests
      • royalties
      • carried interests
      • production payments

      Framework for Understanding Mineral Rights

    • Constitutional frameworks
      • proprietary rights and regulatory jurisdiction
      • Aboriginal and indigenous rights
      • Common Law and Civil Law
    • Mineral Property Ownership and Regulation
    • Surface vs. Mineral Tenure/Surface access
    • Leasehold & other operating interests from Mineral Owner
      • mining claims
      • mineral leases
      • profit à prendre
      • Foreign Ownership Restrictions
  • Day 2: The Osgoode Certificate in Mining Law

    February 2, 2016, 8:15 a.m. – 5:30 p.m.

    Standards of Disclosure for Mineral Projects

    • Canadian regulatory landscape
    • NI 43-101 – Basics
      • misconceptions
      • qualified person
    • TMX – Mining disclosure
      • disclosure framework
      • NI 51-201 and TSX Company Manual
      • common disclosure issues
      • news releases
    • CIM Definition Standards – 2014 revisions
    • CIM Best Practice Guidelines
      • exploration
      • estimation of mineral resources and mineral reserves
    • NI 43-101 – Disclosure pitfalls & case studies
      • historical estimate
      • exploration target
      • mineral resource
      • preliminary economic assessment (PEA)
      • mineral reserve
      • PEA after mineral reserves – what’s allowable?
    • Forward looking information
    • Website disclosure
    • Technical reports – basics
    • Technical reports – disclosure pitfalls & case studies
    • Corporate governance – technical oversight

    Assessing Risk in Mining Companies and Tools for Mitigation

    • Assessing risk and diligence
    • Tools for assessing and managing risk
    • Scope of risks to be assessed: reputation; social (community); health and safety; environmental; technical; geopolitical; financial/costs

    Tax Considerations for Mining Companies

    • Overview of Canadian Federal tax regime for mining companies
    • Outbound investments and foreign affiliate regime
    • Acquisition of Canadian mining companies
    • Structuring considerations for foreign buyers
  • Day 3: The Osgoode Certificate in Mining Law

    February 18, 2016, 8:15 a.m. – 5:30 p.m.

    Mining Agreements

    Mining agreements are the foundation of every mining project, and understanding the commercial and legal issues arising from preliminary agreements to complex agreements is crucial. This module will help you assess and understand the risks, key clauses and legal loop holes arising in mining agreements that you need to know to enable you to successfully implement, operate and terminate your mining project. Agreements to be covered include:

    • Preliminary Agreements and Acquisition Agreements
    • Joint Venture and Shareholder Agreements
    • Development, Construction and Operating Agreements
    • Procurement and Service Agreements
    • Smelting, Refining, Product Sales and Off-Take Agreements
    • Royalty Agreements and Streaming Transactions

    International Dispute Resolution

    • Managing litigation risk in emerging markets
    • International arbitration: advantages and limitations
    • Drafting effective international arbitration clauses
    • Mitigating political risk through bilateral investment treaties
    • Corporate structures for foreign investment protection
  • Day 4: The Osgoode Certificate in Mining Law

    March 31, 2016, 8:15 a.m. – 5:30 p.m.

    Financing Mining Projects

    • Types and sources of financing overview: strategic partners; corporate finance
    • Hedging: (e.g. metals, currency, electricity)
      • what is it?
      • pros and cons

    Taking a Mining Company Public

    • Reverse takeovers
    • Capital Pool Companies
    • IPOs

    Environmental Permitting

    • Regulatory framework/legislation
    • Process
    • Relevant issues and considerations
    • Typical grounds for legal challenge

    Corporate Social Responsibility

    • Sustainability & Corporate Social Responsibility (CSR)
    • Defining CSR
    • Social license for permitting and operations; importance of respectful community relations and addressing socio-economic issues to offset negative impacts with benefits to community; integrating into planning from outset
    • Roles of NGOs, industry groups, governments/agencies; and international organizations
    • International voluntary principles and current legal framework –transnational actors having effect on domestic policy
  • Day 5: The Osgoode Certificate in Mining Law

    April 19, 2016, 8:15 a.m. – 5:15 p.m.

    Working with Indigenous Communities: Law and Best Practices

    • Legal aspects of dealing with aboriginal groups
    • Non-Government Organizations (NGOs)
    • Scope of the Crown’s duty to consult
    • Aboriginal concerns in exploration activities
    • What is the role of the private sector in entering into private arrangements with aboriginal groups?
    • Interplay of aboriginal groups and environmental issues
    • Drafting and negotiating engagement and preliminary deal agreements
    • Exploration Agreements under the Ontario Mining Act and Far North Planning Act
    • Structuring Impacts and Benefits Agreements
    • Rights of indigenous people under the United Nations Declaration – “Free Prior Informed Consent”

    Domestic and Foreign Legal Exposure to Alleged Violations of International Human Rights

    • How Canadian companies can be exposed to liabilities outside of Canada
    • Sources of customary international law of human rights incorporated into Canadian law
    • Application of international law in Canadian domestic courts
    • International human rights and class action litigation
    • Case law updates

    Anti-Corruption Legislation and Policies

    • Anti–corruption legislation and policies, and the far reach of governments in enforcement
    • Corruption of Foreign Public Officials Act (Canada); Foreign Corrupt Practices Act (U.S.); U.K. Bribery Act
    • Maintaining high ethical standards
    • Case studies

    Resource Revenue Transparency Legislation

    • Genesis of the Extractive Sector Transparency Measures Act (ESTMA)
    • ESTMA overview
      • scope of the Act and determining if it applies to you
      • payment categories and payees
      • substitution/equivalency
      • compliance and enforcement
    • Reporting
      • process and timelines
      • format
      • attestation
    • Payments to Aboriginal entities


Fees include attendance, program materials, continental breakfast, lunch and refreshments for each of the 5 days of the program. The price does not include accommodations. Please inquire about group discounts and financial assistance. Fees paid by individuals are eligible for a tuition tax credit. Dress is business casual.

Program Changes

We will make every effort to present the certificate program as advertised, but it may be necessary to change the dates, location, speakers or content with little or no notice. In the event of program cancellation, York University and Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.

Certificate of Program Completion

You will receive a certificate upon completion of The Osgoode Certificate in Mining Law. Participants must attend all program modules and pass the take-home assignment to receive a certificate.

Cancellations and Substitutions

If you are unable to attend the program your organization may name a replacement. A full refund will be issued for cancellations received a minimum of 21 days before the program start date. Written cancellations received after December 29, 2015 will include an administration charge of $700. Non-attendance or withdrawal after the program start date will incur a full program fee. Payment must be received by January 5, 2016.

Program Lawyer

If you have any questions or would like more information please contact:
Jessica Foster

Program Details

Date & Time

January 19, February 2 & 18, March 31, April 19, 2016
5 modules over 13 weeks


Osgoode Professional Development Centre,
1 Dundas St. W., 26th Floor Toronto, ON

Fee per Delegate

$4295.00 plus HST

Registration for this program is now closed.

Eligible CPD Credit Hours


Who Should Attend

  • Mining lawyers in private practice
  • In-house counsel at mining companies
  • Transactional, securities, environmental and corporate/commercial lawyers
  • Lawyers who advise Aboriginal communities on mining-related issues
  • Senior executives in mining companies
  • Financial service executives
  • Investment bankers
  • Mining engineers
  • Geologists
  • Representatives from natural resources departments in provincial and federal governments

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“Excellent structure, serious knowledgeable presenters, very good overview of the issues.”

Hotels & Parking

If you require accommodations in downtown Toronto, OsgoodePD has arranged Corporate Rates with several hotels within walking distance of our downtown conference centre.

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