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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16 LEXPERT | 2018/19 | 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.

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