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of the duty may be delegated to third parties. Lawyers representing both First Nations and mining companies say Ontario has taken delegation to the extreme, appearing determined to stay out of the fray; and in the process injecting uncertainty into the exploratory mining regime. For them, the Solid Gold case is emblematic. ���I think sometimes they can be charged with abdicating their responsibilities,��� says Sara Mainville, a Fort Frances, Ont. lawyer who represents First Nations in the consultation process. ���They don���t really get involved unless there���s a dispute. Just being present would help, but it���s like they���re waiting for a fight.��� Cindy Blancher-Smith, assistant deputy minister at the Ministry of Northern Development and Mines, admits there may be something to Mainville���s characterization. Solid Gold isn���t the only matter where the Crown has run into trouble. ���I can think of a few others,��� she says. ���We haven���t had the regulatory tools in the past to have that more hands-on approach.��� Blancher-Smith hopes that will all change with the recent introduction of new regulations under the Mining Act. Three years in the making, the new rules came into force on Nov. 1., sweeping away the province���s old ���free entry��� mining system and enshrining the duty to consult at the exploratory stage. ���We want to encourage that development and exploration in a manner that is consistent with Aboriginal rights,��� says Blancher-Smith, acknowledging that it will mean more work for mining industry players. ���We intend to work very hard with them to help overcome obstacles,��� she says. ���We���ve developed policies to provide clarity on what we���re expecting when it comes to Aboriginal consultation.��� By April 1, 2013, all prospectors must provide an exploration plan to the ministry and all affected groups for com- ment when carrying out certain lowimpact activities, including geophysical surveys using a generator, line-cutting, and drilling for mineral samples. Anything more significant, such as when the drill used weighs over 150 kg, or when the line cut measures more than 1.5 m, requires the proponent to apply for an exploration permit from the ministry. Blancher-Smith is keen to emphasize that this is ���not a consent regime,��� but says the ministry will be able to attach terms and conditions to a permit that address First Nations concerns about the adverse impact of exploration. The decision on whether or not to grant the permit will consider whether consultations have occurred and if any arrangements have been reached between the players. If an agreement can���t be reached, the province can refer the application to a dispute resolution provider. Neal Smitheman, the Toronto partner at Fasken Martineau DuMoulin ExaminE markEting issuEs through thE lEns of iP law Canadian Marketing Law Handbook, SeCond edition Henry Lue and SangeetHa PunniyamoortHy in this second edition, a new author team offers the unique intellectual property law perspective that will help you navigate today���s challenging marketing and advertising issues. get expert insight on how intellectual property law impacts current marketing issues such as personality rights, comparative advertising, grey market and counterfeit goods, pharmaceutical advertising, Quebec advertising, advertising standards, packaging, internet advertising and ambush marketing. New iN this editioN order # 985161-65203 $79 Softcover approx. 150 pages october 2012 978-0-7798-5161-4 Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. 40 ��� in addition to thoroughly updated legislation and case law, this second edition presents expert analysis of the most current marketing issues, with new chapters that include the following: Counterfeiting and grey market goods, Pharmaceutical advertising, advertising on the internet and ambush marketing. AvAilAble Risk-FRee FoR 30 dAys order online: www.carswell.com Call toll-Free: 1-800-387-5164 in toronto: 416-609-3800 D ec em b er 2012/ January 2013 INHOUSE