Contributing Lawyers


Cyndee Todgham Cherniak

United States

Susan Kohn Ross


Andrew Hudson

Canadian Mining Companies Should Participate in Canada-Mongolia FIPA Consultations

As part of the negotiation of the Canada – Mongolia Foreign Investment Protection and Promotion Agreement (FIPA), the Government of Canada announced today (July 18) that it is conducting a Strategic Environmental Assessment and will accept comments from Canadian companies with interests in Mongolia or who may consider making investments in Mongolia. 

It will be important for mining companies with interests in Mongolia (existing, proposed or desired) to participate in this process.  The companies can use this process to be proactive in informing the Government of Canada about their needs and to start a dialogue on environmental issues that may need to be addressed.  The Canadian negotiators will have to balance many interests in the negotiation of the Canada-Mongolia FIPA and need the input from Canadian companies that may benefit from the FIPA in order to set their priorities and desired outcomes.

The July 18, 2008 Announcement states:

Notice of Intent to Conduct a Strategic Environmental Assessment of the Canada-Mongolia Foreign Investment Promotion and Protection Agreement (FIPA)

Closing date: September 12, 2008

The Government of Canada will undertake a Strategic Environmental Assessment (EA) of the negotiations for a Canada-Mongolia Foreign Investment Promotion and Protection Agreement (FIPA). Comments are invited on any likely and significant environmental impacts of the negotiations on Canada.

The Government of Canada is committed to sustainable development. Mutually supportive trade, investment and environmental policies can contribute to this objective. To this end, the Minister of International Trade, with the support of his Cabinet colleagues, has directed trade officials to improve their understanding of, and information based on, the relationship between trade, investment and environmental issues at the earliest stages of decision making, and to do this through an open and inclusive process. Environmental assessments of trade negotiations are critical to this work.

This process is guided by the 2001 Framework for Conducting Environmental Assessments of Trade Negotiations and with direction from the 2004 Cabinet Directive on the Environmental Assessment of Policy, Plan, and Program Proposals.

For more information, please visit:

·         Canada-Mongolia FIPA

·         Canada's FIPA Program

All interested parties are invited to submit their views on the likely and significant environmental impacts on Canada resulting from the Canada-Mongolia FIPA negotiations by September 12, 2008.

If you require more information or would like to make a submission, please contact Cyndee Todgham Cherniak (416-307-4168)

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