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COMMITMENTS AND CONTINGENCIES
12 Months Ended
Dec. 31, 2022
COMMITMENTS AND CONTINGENCIES  
COMMITMENTS AND CONTINGENCIES

NOTE 17 COMMITMENTS AND CONTINGENCIES

Commitments

The following are minimum commitments of the Company as at December 31, 2022, and related payments due over the following five years:

Payments due by period

2023

2024

2025

2026

Thereafter

Total

Mining and surface rights

$

1,555

$

1,401

$

607

$

600

$

52

$

4,215

Exploration - Los Azules

29,428

29,428

Exploration - Other

13,155

13,155

Reclamation costs(1)

12,815

1,400

1,744

3,068

32,821

51,849

Long-term debt

14,712

26,833

16,337

57,882

Lease obligations

1,572

689

272

147

2,680

Total

$

73,237

$

30,324

$

18,960

$

3,815

$

32,873

$

159,209

(1)Amounts presented represent the undiscounted uninflated future payments.

Reclamation Bonds

As part of its ongoing business and operations, the Company is required to provide bonding for its environmental reclamation obligations of $27.8 million in Nevada pertaining primarily to the Tonkin and the Gold Bar properties and $11.5 million (C$15.6 million) in Canada with respect to the Black Fox Complex. In addition, under Canadian regulations, the Company was required to deposit approximately $0.1 million with respect to its Lexam properties in Timmins, which is recorded as non-current restricted cash (Note 18).    

Surety Bonds

As at December 31, 2022, the Company had a surety facility in place to cover all its bonding obligations, which include $25.3 million of bonding in Nevada and $11.5 million (C$15.6 million) of bonding in Canada. The terms of the facility

carry an average annual financing fee of 2.3% and require a deposit of 10%. The surety bonds are available for draw-down by the beneficiary in the event the Company does not perform its reclamation obligations. If the specific reclamation requirements are met, the beneficiary of the surety bonds will release the instrument to the issuing entity. The Company believes it is in compliance with all applicable bonding obligations and will be able to satisfy future bonding requirements, through existing or alternative means, as they arise. As at December 31, 2022, the Company recorded $3.8 million in restricted cash as a deposit against the surety facility (Note 18).

Streaming Agreement

As part of the acquisition of the Fox Complex in 2017, the Company assumed a gold purchase agreement (streaming contract) related to production, if any, from certain claims. Under the streaming contract, the Company is obligated to sell 8% of gold production from the Black Fox mine and 6.3% from the adjoining Pike River property (Black Fox Extension) to Sandstorm Gold Ltd. at the lesser of market price or $561 per ounce (with inflation adjustments of up to 2% per year) until 2090.  

The Company records revenue on these shipments based on the contract price at the time of delivery to the customer.  During the year ended December 31, 2022, the Company recorded revenue of $1.7 million (2021 – $1.3 million) related to the gold stream sales.

Flow-through Eligible Expenses

On March 2, 2022, the Company completed a flow-through share issuance for gross proceeds of $15.1 million. The proceeds of this offering were used for the continued development of the Company’s properties in the Timmins region of Canada. As of December 31, 2022, the Company has incurred $1.0 million of the required CEE spend and expects to fulfill the remaining $14.0 million of CEE commitments by the end of 2023 (Note 13).

Prepayment Agreement

On July 27, 2022, the Company entered into a precious metals purchase agreement with Auramet. Under this agreement, the Company may sell the gold on a Spot Basis, on a Forward Basis and on a Supplier Advance basis, i.e. the gold is priced and paid for while the gold is:

(i)at a mine for a maximum of 15 business days before shipment; or
(ii)in-transit to a refinery; or
(iii)while being refined at a refinery.

During the year ended December 31, 2022, the Company received net proceeds of $46.0 million from the sales on a Supplier Advance Basis. The Company recorded revenue of $40.6 million related to the gold sales, with the remaining $6.2 million representing 3,500 ounces pledged but not yet delivered to Auramet, recorded as a contract liability on the Consolidated Balance Sheets.

Other potential contingencies

The Company’s mining and exploration activities are subject to various laws and regulations governing the protection of the environment.  These laws and regulations are continually changing and generally becoming more restrictive.  The Company conducts its operations so as to protect public health and the environment, and believes its operations are materially in compliance with all applicable laws and regulations. The Company has made, and expects to make in the future, expenditures to comply with such laws and regulations.

The Company and its predecessors have transferred their interest in several mining properties to third parties throughout its history.  The Company could remain potentially liable for environmental enforcement actions related to its prior ownership of such properties.  However, the Company has no reasonable belief that any violation of relevant environmental laws or regulations has occurred regarding these transferred properties.