10 LEXPERT
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2018/19
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WWW.LEXPERT.CA
Branchaud, René Lavery, de Billy, L.L.P.
(514) 877-3040 rbranchaud@lavery.ca
Mr. Branchaud, partner and chairman of the Board of Directors at Lavery,
has extensive experience in the field of mining law through his involvement
with several mining companies. He has thorough knowledge of natural
resources law, corporate law, mergers & acquisitions and securities law.
Over the years, he has been recognized as a leading practitioner in the
field of natural resources law.
Bryce, Douglas A. Osler, Hoskin & Harcourt LLP
(416) 862-6465 dbryce@osler.com
Mr. Bryce is the National Managing Partner of Osler, Hoskin & Harcourt LLP.
He has been involved in a wide variety of transactional active and corpor-
ate, securities and disclosure advice to mining issuers. He was based in
the Firm's New York City office from 2008 to 2011, and is a former member
of the OSC's Securities Advisory Committee (SAC).
Budd, David Cassels Brock & Blackwell LLP
(604) 691-6111 dbudd@casselsbrock.com
Mr. Budd acts for Canadian and international mining companies, stream-
ing companies, alternative lenders and banks to the mining industry. His
practice focuses on both domestic and multi-jurisdictional transactions
with an emphasis on project finance, asset equipment finance, corporate
credit and acquisition facilities.
Bursey, David W. Bennett Jones LLP
(604) 891-5128 burseyd@bennettjones.com
Mr. Bursey's regulatory practice focuses on natural resource development
and infrastructure, environmental assessment, water resource management
and Aboriginal law. He advises natural resource industry clients,
First Nations and government agencies.
Campion, John A. Gardiner Roberts LLP
(416) 865-6697 jcampion@grllp.com
Mr. Campion, Lexpert® ranked in top 25 corporate commercial barristers,
is a litigator and arbitrator with over 35 years of mining trials, appeals,
class actions and arbitrations. Select successful cases: Bre-X Minerals;
Boart; Rothchilds; Dickenson Mines; Lac Minerals; SouthGobi Resources
across Canada and the Globe (South Africa, Indonesia, China, Mongolia,
Australia, Sweden, France, England).
Canfield, Brian R. Farris, Vaughan, Wills & Murphy LLP
(604) 661-9362 bcanfield@farris.com
Mr. Canfield is a strategic advisor for his resource clients. He is often asked
to handle difficult negotiations, tight timelines or similar challenges for his
resource clients in raising financing, establishing joint ventures, facilitating
regulatory approvals, settling shareholder or other disputes, restructuring
and other matters.
LEXPERT-RANKED LAWYERS
"THE POSITION THAT THE ALBERTA
GOVERNMENT'S TAKEN AND THAT THE
REGULATORS IN ALBERTA HAVE TAKEN
IN TERMS OF GOING AFTER FORMER
MANAGEMENT OF COMPANIES THAT ARE
NOW DISSOLVED IS, I THINK, A WARNING
SIGN FOR MINING COMPANIES AS WELL.
THE MINING INDUSTRY IS DEFINITELY
EXPOSED TO THE SAME RISK."
– Denise Nawata: Farris, Vaughan, Wills & Murphy LLP
the three-year-old Extractive Sector Transparency
Measures Act, which requires companies to report
all payments made to public officials at home and
abroad. Payments to Aboriginal governments got
a deferral but came into force in June.
"It's still fairly new and as it's put into practice
I think there are going to be even more questions
about what exactly do we have to report, what's
covered and how do we do that," says Carruthers.
"ere are many different categories of pay-
ments and the types of organizations covered, in-
cluding some you may not necessarily think of as
being a government agency or actor." Some of the
less obvious ones in Canada, for example, involve
Indigenous groups and monies paid out for pro-
ject development or impact-benefit agreements
made to facilitate the project going forward.
"I think these will or should be 'top of mind'
for mining industry executives because compa-
nies are coming to grips with what compliance re-
quires and how to put the proper tracking mecha-
nisms in place to do so."
US President Donald Trump has voiced his
disapproval of the US statute, the Foreign Cor-
rupt Practices Act. And the US Department of
Justice has announced a policy that suggests it
will "decline prosecution in appropriate cases",
namely those where there is voluntary disclosure.
Even if the American Act were to be reduced in
impact, mining companies that are listed or inter-
listed on a Canadian exchange are required to
report under Canadian rules, she says. In view of
the risks and legal issues, what is her best advice
for how to be protected from liability. "Firstly,
obtain insurance," Carruthers says, half jokingly.
"ere are a lot of good insurance products out
there now, and I think that's important for any-
one joining a mining company board."
