16 LEXPERT
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2018/19
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WWW.LEXPERT.CA
Dyck, Tyson W. Torys LLP
(416) 865-8136 tdyck@torys.com
Mr. Dyck is a partner in Torys' Environmental practice and acts for compan-
ies acquiring, financing, developing and operating major uranium, potash,
coal, and metals mines. He regularly advises these clients on stakeholder
relations, as well as environmental assessment, permitting, compliance
and enforcement matters.
Faille, Maxime Gowling WLG
(604) 891-2733 maxime.faille@gowlingwlg.com
Mr. Faille leads the firm's national Indigenous Law Group, and acts for First
Nations, Inuit and Métis communities across Canada, as well as private-
sector interests seeking to do business with Indigenous communities.
Ferris, QC, FCIArb, Craig A.B. Lawson Lundell LLP
(604) 631-9197 cferris@lawsonlundell.com
Mr. Ferris acts for clients in commercial and business disputes. He has acted
for local, national and international mining clients in a wide variety of disputes
including those related to royalties, option agreements, transactions and joint
ventures. He has appeared at all levels of court within BC, at the Supreme
Court of Canada and in private arbitration, both domestic and international.
Findlay, Norman F. Bennett Jones LLP
(416) 777-6077 findlayn@bennettjones.com
Mr. Findlay is primarily engaged in securities law with an emphasis on pub-
lic offerings, M&A and take-overs with a focus on the mining industry. His
practice also involves private placements of debt and equity and corporate
governance. He has spoken in Canada and globally on topics relating to
securities and mining law and acted as lead counsel in a number of major
financings and M&A transactions.
FitzGerald, Andrea Cassels Brock & Blackwell LLP
(416) 860-6525 afitzgerald@casselsbrock.com
Ms. FitzGerald regularly advises companies' boards of directors, as well as
investment dealers, on securities regulatory compliance matters, corporate
governance and mineral project disclosure.
Fortier, Michael J. Torys LLP
(416) 865-8147 mfortier@torys.com
Mr. Fortier's mining practice focuses on the environmental and Aboriginal
law aspects of M&A and financing transactions, as well as project develop-
ment. He has considerable experience dealing with significant permitting,
tailings and reclamation issues.
LEXPERT-RANKED LAWYERS
governs public lands and natural resources.
Apart from Nunavut, each jurisdiction has dis-
tinct mining regulations and mineral tenure sys-
tems. ese can vary considerably. For example,
while most provinces don't mandate that miner-
als extracted in the province must be processed
locally, there are exceptions: Nova Scotia has that
requirement absent governmental exemption;
minerals extracted in Ontario must be processed
in Canada unless an exemption is obtained; New
Brunswick and Newfoundland and Labrador
require the processing of minerals within the
province; and some jurisdictions, like Manitoba,
encourage local processing with tax deductions.
Provincial laws regarding the right to recon-
noitre, explore and mine also vary. While pros-
pector's licences cannot be subdivided anywhere,
mineral claims can be in some jurisdictions,
including British Columbia. While subdivision
of mining leases is possible other than in British
Columbia, the rules differ between jurisdictions.
Royalty regimes are also diverse. For example,
Ontario, Québec, Manitoba, and Newfoundland
and Labrador feature profit taxes ranging from
5% to 17% while BC, Alberta, Saskatchewan,
Nova Scotia and New Brunswick factor in net
revenue, net profits or production from mining
operations into their regimes.
On the environmental front, provincial laws
vary again. Most provinces have set thresholds
that trigger assessment rules, but some of them
require public hearings. It's also open to the fed-
eral government to do assessments on projects of
a prescribed type and size. Because the federal
decision can be based on a provincial assessment
process in some cases, miners may be able to avoid
a multiplicity of proceedings.
e provinces also have jurisdiction in most
matters involving workplace health and safety.
Some provinces, like BC, have enacted health
and safety laws that apply specifically to the min-
ing industry. e Government Employees Com-
pensation Act, however, governs federal workers,
although the provinces administer the legislation.
Stakeholders should also be aware that April
2018 saw Ontario implement the third phase of
its Mining Act modernization process. e chang-
es will convert Ontario mining lands administra-
tion systems to online registration, and establish
the online Mining Land Administration System
to improve data access and file management.
Modernization aside, however, Canada's bifur-
cated mining regulation regime is not like likely
to change. "Canada will never have a single min-
ing regulator," Aird & Berlis's Fenton says.