Lexpert Special Editions

Lexpert Global Mining 2018/19

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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WWW.LEXPERT.CA | 2018/19 | LEXPERT 15 Dedic, Dan Goodmans LLP (416) 597-4232 ddedic@goodmans.ca Mr. Dedic's practice focuses on domestic and international financing and corporate transactions, acting for both creditors and debtors, as well as corporate restructurings and recapitalization transactions. He has significant experience in various resource-based financing arrangements, with a particular focus on stream financings and intercreditor arrangements. Dellelce, Perry N. Wildeboer Dellelce LLP (416) 361-5899 perry@wildlaw.ca As co-Founder and Managing Partner of Wildeboer Dellelce, one of Canada's leading business transactions law firms, Mr. Dellelce practises in the areas of securities, corporate finance and M&A, offering a unique blend of legal and corporate finance experience combined with hands-on business management experience across a range of sectors including mining, financial services and technology. Dhaliwal, Mandeep Lawson Lundell LLP (604) 631-6742 mdhaliwal@lawsonlundell.com Mr. Dhaliwal is a partner with Lawson Lundell LLP's banking and corporate lending group. He acts for banks and other lenders, and mining companies on project financings, both nationally and internationally, operating credit facili- ties, equipment financing and commodity hedging arrangements. Dominique, Brian P. Cassels Brock & Blackwell LLP (416) 869-5435 bdominique@casselsbrock.com Mr. Dominique's commercial law practice includes M&A, debt financings, project financing, unique commercial contracts and real property law. He offers recog- nized experience in the mining and electricity industries, particularly with related Aboriginal matters. Donihee, John Willms & Shier Environmental Law- yers LLP (613) 217-8521 jdonihee@willmsshier.com Mr. Donihee has over 25 years' experience advising clients in environmental, Aboriginal and regulatory matters arising from mining development. He is a recognized expert on resource development in Canada's Northern Territories. He has served a wide range of clients and has significant experience with de- velopments being undertaken in the land claims – co-management context. Dubé, Georges McMillan LLP (416) 865-7000 georges.dube@mcmillan.ca Mr. Dubé has extensive experience in capital markets and M&A transactions in the domestic and cross-border contexts in the mining sector. He regularly advises boards in connection with strategic decisions and often acts for special committees and financial advisors in the context of change of control and related-party transactions. LEXPERT-RANKED LAWYERS federal and provincial law, in the sense of impossi- bility of dual compliance or frustration of federal purpose, the federal statute prevails." OFFSHORE EXPLORATION When it comes to offshore exploration and min- ing, however, the federal government rules. e Oceans Act excludes the application of any provin- cial law to the territorial sea or continental shelf with respect to minerals or other non-living natu- ral resources. e federal government can, howev- er, enact regulations that give effect to provincial laws. Meanwhile — and perhaps oddly enough — the federal government has not enacted any legis- lation governing offshore mineral rights. Foreign investment is another arena within the purview of the federal government. Foreign investors from WTO-member countries who seek direct control of a Canadian company through investment that exceeds stipulated financial thresholds ($1 billion in 2019) are subject to federal government scrutiny under the Investment Canada Act. e threshold is much lower for non-WTO investors, but both classes of investors will face review if the transaction could harm national security. ACTIVITIES ABROAD e federal government has also enacted legisla- tion governing Canadian mining companies' ac- tivities abroad. e Extractive Sector Transparency Measures Act (ESTMA), proclaimed in force on June 1, 2015, has been widely lauded for finally bringing Canada up to speed with the European Union, the United Kingdom, Norway and the United States in promoting transparency and ac- countability by requiring reporting of payments made to any government or body performing a governmental function in Canada or abroad. e ESTMA is also significantly broader than other countries' laws in its extraterritorial reach, its application to private companies, and the range of recipients for whom reporting is required. Québec has followed with its own legislation. e law, known as Bill 55, mirrors the ESTMA closely but closes some of the gap created by the omission of TSX Venture listees from federal scru- tiny, by requiring businesses operating in the Min- ing and Oil & Gas sectors in the province to declare all payments made to government bodies and Ab- original communities. For the most part, the provinces have jurisdic- tion over exploration, development and extraction of resources, as well as construction, management, reclamation and closure of mines. e exception is Nunavut and portions of the Northwest Territo- ries where the federal government administers and

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