A federal judge granted the first interim stay against the mining law reform decree admitting the amparo of Canadian First Majestic Plata, which argued it had concession claims pending before the Ministry of Economy.
Judge Ulises Rivera González, of the Fourth District Court for Administrative Matters, said in the agreement that the precautionary measure does not harm the social interest and does not contravene public order provisions.
The suspension pronounced by the judge is not of general effect, but only applies to the complainant company, which wishes not to be affected by the last-minute reform approved by the Senate of the Republic on April 28 .
With this partial suspension, the third paragraph of the fifth transitional article of the decree will not be applied, so that the request for concession before the government is not rejected by the mere entry into force of the standard.
The precautionary measure was granted in favor of First Majestic, recalling that the objective of the complaining company is not to globally paralyze the reform of the mining law.
“The judge is requested to suspend for the purpose of paralyzing all the effects and consequences derived from the third paragraph of the fifth transitional article of the contested decree, that is to say so that the requests for concession in the matter are not considered as rejected without further treatment requested under the law in force before the publication of the contested decree”, argued the Canadian consortium.
The incidental hearing was set for Wednesday, June 7, during which the judge must decide whether or not to grant the company the final suspension.
In this context, it should be recalled that on June 12 and 13, Mexico’s Secretary of Economy, Raquel Buenrostro, will meet in Canada Mary Ng, Minister of Commerce of that country, as part of a bilateral visit, which was planned months ago.
Firs Majestic Plata promoted last Tuesday, May 30, the appeal against part of the decree that modifies, adds and repeals various provisions of the Mining Law, the Water Law, the General Ecological Balance Law and protection of the environment and the general law for the Prevention and Integral Management of Waste, in terms of concessions for Mines and Water (contested Decree) Waste, in terms of concessions for Mines and Water .
Mary Ng, Canada’s Minister of Foreign Trade, expressed concern at the end of April about the mining law reforms in Mexico, because of the repercussions they could have on Canadian companies and investments.
Mary Ng said the reforms would not only affect foreign investment, but could also impact North America’s competitiveness. For this reason, he stressed the need for the governments of the two countries to work closely together to strengthen supply chains in the region.
For her part, Secretary Raquel Buenrostro explained to the Canadian minister that the proposals for reforming the said law “consist of modernizing the regulations which have not changed since 1992”, which she assured that the initiative respects international treaties.
Previously, the Canadian Chamber of Commerce in Mexico (CanCham) He also expressed his concern about the changes made to the mining law in the Congress of our country, and pointed out that of the 238 facilities of this type that exist in Mexican territory, 151 are of Canadian origin.
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