LEXPERT RANKED LAWYERS
Litwack, Gary M.
McCarthy Tétrault LLP
(416) 601-7591
glitwack@mccarthy.ca
> Mr. Litwack's practice focuses on public and private equity
and debt financing, M&A and securities regulation, with special
emphasis on transactions and industry-focused commercial
arrangements involving senior and junior mining companies.
Lyons, Catherine A.
Goodmans LLP
(416) 597-4183
clyons@goodmans.ca
> Ms. Lyons's mining practice focuses on environmental
assessment, environmental permitting and compliance
from exploration through to closure plans.
> ANTI-CORRUPTION
The Fighting Foreign Corruption Act, which significantly amends Canada's anti-corruption legislation,
the Corruption of Foreign Public Officials Act (CFPOA), came into force on June 19, 2013. The amendments broaden the scope of the CFPOA, enhance
prosecutorial powers and increase penalties.
"Canadian companies should now be carefully
reviewing their anti-bribery policies and procedures
to ensure they are in full compliance with these new
laws," write the authors of a recent e-Alert from McCarthy Tétrault LLP. "Further, those companies
whose policies currently allow for facilitation payments should now be taking steps to eliminate those
practices as the government has served notice that the
existing exception for such payments will be repealed."
About the same time, Prime Minister Stephen
Harper announced that Canada is adopting a G8 initiative requiring companies to disclose any payments
they make to governments.
In 2011, G8 leaders agreed to consider rules mandating greater transparency regarding government
payments. The US and Hong Kong already have such
measures in place for resource companies.
But Canada does not, despite the fact that Canadian companies are engaged in half the world's mining
projects, while 60 per cent of the world's mining and
exploration companies and 35 per cent of oil and gas
concerns are listed in Canada.
Still, despite support for greater transparency from
the country's mining industry, Canada may be facing
an uphill road from a constitutional perspective because the process of change requires the co-operation
of the provinces — a process that is frequently associated with the words "complicated" and "drawn out."
–Julius Melnitzer is a legal affairs writer in Toronto.
MacKay-Dunn, QC, R. Hector
Farris, Vaughan, Wills & Murphy LLP
(604) 661-9307
hmackay-dunn@farris.com
> Mr. Mackay-Dunn practises corporate law in a broad range of
industries. He focuses on partnering, cross-border and domestic
tender offers, securities, joint ventures, M&A and licensing. His clients
are global mining companies, investors, banks and boards.
Mahony, Dennis E.
Torys LLP
(416) 865-8214
dmahony@torys.com
> Mr. Mahony leads the firm's Environmental and Climate
Change practices. He has significant experience with all aspects
of environmental and health and safety approvals, permitting
and related regulatory matters for mining projects.
Marques, Frederico
Heenan Blaikie LLP
(416) 643-6935
fmarques@heenan.ca
> Mr. Marques is a partner and foreign legal consultant
of Heenan Blaikie. He has an LLM and a PhD degree in
international law, and is specialized in structuring and negotiating
international transactions with a focus in the Americas.
May, Neill I.
Goodmans LLP
(416) 597-4187
nmay@goodmans.ca
> Mr. May's practice focuses on securities law, with emphasis on
M&A, financings and restructurings, in many industries including
mining. He is a member of the TSX Listing Advisory Committee
and an adjunct professor at the U of T Faculty of Law.
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WWW.LEXPERT.CA 2013/14
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