B.Y.G. Natural Resources Inc.

Receivership

_{Page last updated: April 22, 2022}

This page is for information purposes only and you should consult your professional adviser if you have any questions or are uncertain as to your rights or obligations.

Status Update as at April 21, 2022

On September 24, 2021, the Receiver filed its Receiver's Certificate (Final Closing) certifying that the Receiver is satisfied that the transactions contemplated by Sections 8.5 and 8.6 of the APA have been completed. The Receiver is currently ensuring all aspects of the administration have been completed, and will prepare its final Report to the Court in due course, wherein it will seek its discharge.

Status Update as at July 30, 2019

On July 26, 2019, the Receiver filed its Receiver’s Certificate (First Closing) certifying that the Receiver is satisfied the transactions contemplated by Section 8.2 of the APA have been completed.

Status Update as at May 6, 2019

On May 6, 2019, the Court granted an Order approving the relief sought as noted in the April 24, 2019 Update, including:

• Approving the proposal submitted by Alexco Environmental Group Inc. and JDS Energy & Mining Inc. as the Preferred Proponent in compliance with the PSP;
• Approving the Asset Purchase Agreement (“the APA”) between the Receiver and Mount Nansen Remediation Limited Partnership (a limited partnership formed by the Preferred Proponent) and the transactions contemplated by the APA as being commercially reasonable; and
• Authorization and direction to the Receiver to execute the APA.

A copy of the May 6, 2019 Order can be found under the “Court Orders” tab above.

Status of the file as of April 24, 2019

Today the Receiver has posted its Eleventh Report To Court (the "Eleventh Report"), which can be found under the the Receiver's Reports tab.  The Eleventh Report has been issued in support of the May 6, 2019 court hearing to be held in the Yukon Court.    

Since May 2016, the Receiver has been active in completing the Proposal Solicitation Procedure (the "PSP"), and the Eleventh Report gives a detailed overview of those activities.  At the upcoming court hearing, the Receiver will seek the Court's approval on a number of PSP activities and documents, among them:

• Approval of the proposal submitted by the Alexco/JDS Group in accordance with the PSP;
• Approval of the Asset Purchase Agreement with the Alexco/JDS Group and the transactions contemplated thereunder;
• A declaration that the Asset Purchase Agreement is commercially reasonable and binding upon all parties;
• Authorization of and direction to the Receiver to execute the Asset Purchase Agreement;
• Flexibility of the Receiver to extend the closing of the Asset Purchase Agreement, with the consent of the Purchaser, without further Order;
• Confirmation of the passing of the Receiver’s interest in the Purchased Assets (explicitly subject to the Option Agreement and RASA Security) to the Purchaser upon the filing of the Receiver’s certificate of closing the Asset Purchase Agreement;
• Granting of a Sealing Order, permitting the filing of the Receiver’s Supplemental Eleventh Report to Court, under seal, subject to further Order; and 
• Release of the Receiver from any claim of Saskco or BCco in relation to the Optioned Claim or Option Agreement. 

An update and any resulting court order(s) will be posted to this website after the May 6, 2019 court hearing.  

Status of the file as of October 25, 2018

The Receiver confirms that a Preferred Proponent was selected earlier this year. PwC and the Governments are currently negotiating with the Preferred Proponent to finalize the terms of the Remediation and Security Agreement.

Details of those negotiations remain confidential pending the conclusion of the RFP process.  PwC expects to be in a position to announce the outcome, following court approval, anticipated by the end of the fiscal year.

Status of the file as of January 16, 2018

The Receiver confirms that the Request For Proposals ("RFP") process is still on-going.  Since the last update below, we confirm the following updates have occurred:

Proponent 536086 Yukon Inc., underwent a name change, and the legal entity name was changed to that of 536164 Yukon Inc.  Additionally, the lead respondent for 536164 Yukon Inc. (Merit Consultants International), was changed to Pelly Construction Ltd.  

The RFP Proposal Bar Date has been extended to March 2, 2018.

Status of the file as of November 28, 2016

The Receiver is pleased to announce that pursuant to Section 5.3 of the RFQ, the following parties have been selected by the Receiver as the Shortlisted Proponents (in alphabetical order):

536086 Yukon Inc. (lead respondent Merit Consultants International)
Alexco Environmental Group Inc. (lead respondent)
Morgan Construction & Environmental Ltd. (lead respondent)

Status of the file as of May 24, 2016

On May 13, 2016, the Supreme Court of Yukon granted an Order approving the Proposal Solicitation Procedure (the "PSP Order"). The Receiver is now proceeding to carry out the PSP in accordance with its terms and steps as necessary. Parties interested in the PSP should review and follow the procedures set out in the Request For Qualifications document located under the Proposal Solicitation Procedure tab on this website.

This Web site will be updated as information becomes available.

For more information, please contact: Patricia A. Marshall, Telephone: +1 604 806 7237, or via Email.