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