Lexpert Special Editions

Lexpert Special Edition on Mining 2022

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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2 www.lexpert.ca Editorial fortuna favet fortibus ISSUE 23.03 > SEPTEMBER GLOBAL MANAGING EDITOR Tim Wilbur SENIOR EDITOR Zena Olijnyk EDITOR Aidan Macnab PRODUCTION PROCESS LEAD Alina Leigh PRODUCTION EDITORS Christina Jelinek, Wen-Ching Shang WRITERS Kiezzsa Cruz, Lucy Saddleton DESIGNERS Khaye Cortez, Loiza Razon PRESIDENT Tim Duce BUSINESS DEVELOPMENT DIRECTOR Lynda Fenton SENIOR BUSINESS DEVELOPMENT MANAGER Steffanie Munroe BUSINESS DEVELOPMENT MANAGER Maurice Phillips ACCOUNT EXECUTIVE Matthew Oriel Lexpert Special Edition Magazine is published four times a year. KEY MEDIA and the KEY MEDIA logo are trademarks of Key Media IP Limited, and used under licence by KM Business Information Canada Ltd. LEXPERT is a trademark of KM Business Information Canada Ltd. KM Business Information Canada Ltd 317 Adelaide Street West, Suite 910 Toronto, ON M5V 1P9 Tel: (416) 609-8000 Fax: (416) 609-5840 Website: www.lexpert.ca All rights reserved. Contents may not be reprinted without written permission. Lexpert® Magazine is printed in Canada. PUBLICATION MAIL REGISTRATION NO. 41261516. ISSN1488-6553 Copyright© Key Media Canada (Law) Ltd All rights reserved. GST/HST#: 79989 8465 RC-0001 EDITORIAL INQUIRIES tim.wilbur@keymedia.com SUBSCRIPTIONS/ADDRESS CHANGES Contact: Donnabel Reyes at (647) 374-4536 ext. 243 or email donnabel.reyes@keymedia.com. Annual subscription costs C$175. To change your subscription address, please send your new address along with a copy of your mailing label(s) to the Subscription Dept., at the address indicated above. For all other circulation inquiries, please email Donnabel Reyes. E SG (environmental, social, and governance) considerations have been with the mining industry for decades. Mining companies have long been aware of how their operations affect external stakeholders and how that can impact their business in the longer term. While ESG as a concept has not changed, its implementation on the ground has evolved tremendously. "We're seeing that the focus of mining companies has adapted from simply meeting environmental standards to looking at broader matters of environ- mental stewardship," says Robin Longe at Dentons Canada LLP (p. 4). And it is not just environmental concerns that keep mining executives up at night. Partnering with Indigenous peoples and new business models are also top of mind, according to an EY (Ernst & Young ) survey of mining executives. Yet this same survey also found a perception of "more opportunities than risks for miners willing to make the transformational changes that can drive long-term value for organizations and the communities they serve." One major shi is ensuring ESG concerns are more than just superficial commitments. "ere is going to be a move away from boilerplate language," says Jen Hansen at Cassels Brock and Blackwell LLP (p. 5). "It won't be enough for regulators and stakeholders alike." "ESG has gone from a 'nice to have' element of corporate strateg y to a 'must have,'" says Andrew McLaughlin at Major Drilling (p. 6), "as inves- tors, customers, and those in the company's supply chain demand more from mining companies." Enhanced ESG disclosure can also create opportunities for companies to attract investors and lenders have publicly committed to these issues when making investment decisions. Some see the mining industry as a contrib utor to ESG problems, espe- cially environmental issues. Yet, the move away from fossil fuels has also put the mining industry at the centre of some solutions. e rise of electric car technolog y and interest in driving electric cars has meant that critical minerals such as lithium and copper – components in making batteries – have become an essential part of sustainability, says Ravipal Bains at McMillan LLP (p. 6). As the legal experts in this Special Edition will attest, ESG considerations will continue to evolve and deepen. e mining companies who are on board, and their external stakeholders, only stand to benefit. Tim Wilbur, global managing editor Mining steps up on ESG

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