NI 43-101 consultation shows divide between regulators and industry

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In the eyes of regulators, work still remains to address common issues it sees in company disclosures and to adapt to changes since NI 43-101’s last revision in 2011, such as growth in green energy commodities and increased investor interest around ESG and the social impacts of mining. To that end, the Canadian Securities Administrators (CSA) released a consultation paper last April seeking input on 38 different questions about NI 43-101. 

The questions ranged from whether the standard should be more closely aligned with those in other “influential” mining jurisdictions, whether the CSA should reduce the 45-day delay between disclosure of aspects of a technical report and its filing; whether disclosure of a PEA should be prohibited on projects that already have a mineral reserve; and whether more information about Indigenous relationships and consultation should be disclosed. 

The comment period ended in September 2022,…

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