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2014/15
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LEXPERT 23
bec law current with other jurisdictions
around the world in terms of environ-
mental and social provisions.
e new law requires provincial ap-
proval of an environmental remediation
plan and a fi nancial guarantee covering
100 per cent of estimated remediation
costs before a lease can be granted by
the Minister. But Buteau says that's con-
sistent with other jurisdictions and "we
could not accept mining companies go-
ing away and leaving a mess behind."
e new law establishes a local resi-
dents' monitoring committee as a condi-
tion of each new mining lease, but Buteau
says the new government has not yet had
time to write regulations governing com-
mittee activities. He says the committees are really about
ensuring "clear lines of communication" between min-
ing companies and local communities. It's not expected
committees will have any powers of their own but the
minister retains the power to revoke a lease if he or she
feels a local committee is being ignored.
"My guess, it's going to be taken seriously by the min-
ing companies," he says.
e good news for companies is that the new law does
not require an expensive and time-consuming feasibility
study on ore processing in the province, as Bill 43 would
have done. Instead, it requires a much less onerous mar-
ket assessment.
Overall, he says, Bill 70 ends the uncertainty associ-
ated with an out-dated act that was due for change. "Un-
certainty makes the money go away," while certainty has
the opposite eff ect.
Lawyers say the intended powerful stimulus of Plan
Nord, combined with the certainty of a new Mining Act,
sends a clear message to the industry. Now it's up to com-
panies to weigh their options.
Brian Burton is an energy and legal-aff airs writer in Calgary.
LEXPERT RANKED LAWYERS
Lalji, Amyn F.
Miller Thomson LLP
(604) 643-1201
alalji@millerthomson.com
> Mr. Lalji has represented First Nations in negotiations with industry in
relation to some of Canada's largest mining projects. He has also acted
for First Nations businesses in negotiating major procurement deals
for large mining projects.
Lampe, Jonathan
Goodmans LLP
(416) 597-4128
jlampe@goodmans.ca
> Mr. Lampe is Co-chair of the fi rm's corporate/securities group and
advises resource-focused issuers, investors and advisors – including
Newmont, Grupo Bal, Hudbay and Uranium One – on M&A, strategic
relationships, fi nancings and related matters.
Langlois, Pierre
McCarthy Tétrault LLP
(514) 397-4428
planglois@mccarthy.ca
> Mr. Langlois has been involved at all stages of mining and resource
projects, from prospecting to operation, and rehabilitation and
restoration for over four decades. He also addresses environmental
issues and relations with Native communities.
Lawrence, Bruce A.
Borden Ladner Gervais LLP
(403) 232-9597
blawrence@blg.com
> Mr. Lawrence's practice involves corporate and securities transactions
with exposure to numerous public and private fi nancings, mergers,
acquisitions, take-over bids and plans of arrangement with emphasis
on clients in natural resources.
Learmonth, Warren B.
Borden Ladner Gervais LLP
(604) 640-4166
wlearmonth@blg.com
> Mr. Learmonth acts as counsel to issuers and underwriters in corporate
fi nance, merger, acquisition and restructuring transactions in a wide
variety of sectors, including mining, biotechnology, high technology
and forestry.
Levett, Brian
Minden Gross LLP
(416) 369-4138
blevett@mindengross.com
> Mr. Levett is a partner in Minden Gross LLP's Business Law Group.
He advises clients with businesses in Canada, the US and abroad in
mining, energy, construction, technology, business process outsourcing,
foodservices and manufacturing.
"PLAN NORD REMAINS A
VERY EXCITING PROJECT
FOR QUEBEC. WE HAVE THE
FEELING THAT THERE IS
SOME MOMENTUM HERE."
- Jean Masson, Fasken
Martineau DuMoulin LLP
