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the obligation of reporting.
"One is payments made in a consultative capacity," she
says. "ere are situations where there is a rights-bearing
community with an organization that will take the lead
on consultation with industry. It might not be a 'govern-
ment' as we know it, so there's a question whether pay-
ments will be caught by the Act.
"e other area I'd call a little uncertain is if the or-
ganization is acting in a commercial capacity — and
sometimes there are band-owned contactors providing
goods or services. Would payments apply as to Aborigi-
nal government? Sometimes the payments to the band-
owned contractors are being made under the umbrella
of an impact-benefit agreement, so that's when you start
getting into that grey area."
Jamieson says impact-benefit agreements between
Aboriginal groups and mine developers have long been
considered confidential contracts, and there is pushback
with both sides arguing that the transparency act should
be applied in such a way that they remain as private ar-
Hutchison, Alan J.
Dentons Canada LLP
(604) 443-7119
alan.hutchison@dentons.com
Mr. Hutchison practises in the areas of securities and corporate/
commercial law with an emphasis on mergers and acquisitions,
corporate finance and corporate governance. He also practises
in the areas of mining and energy law.
Ignasiak, Martin
Osler, Hoskin & Harcourt LLP
(403) 260-7007
mignasiak@osler.com
Mr. Ignasiak appears in courts and tribunals in his regulatory
and environmental law practice. He advises on oil sands, electric
generation and mining facilities approvals. He also advises
on Aboriginal issues and impact benefit agreements.
Isaac, Thomas
Osler, Hoskin & Harcourt LLP
(403) 260-7060
tisaac@osler.com
Mr. Isaac is a nationally recognized authority on Aboriginal law
and related regulatory and environmental matters, and advises mining,
energy, oil, gas, pipeline and forestry companies, lenders
and investors, and governments across Canada.
Jamieson, JoAnn P.
Lawson Lundell LLP
(403) 218-7514
jjamieson@lawsonlundell.com
Ms. Jamieson advises on environmental, Aboriginal and regulatory
law matters. She acts for companies developing major resource
projects including oil sands, oil and gas facilities, power, wind energy
and mining in Alberta, BC and North of 60.
Kagetsu, Brett A.
Gowling Lafleur Henderson LLP
(604) 443-7601
brett.kagetsu@gowlings.com
Mr. Kagetsu focuses on public offerings, private placements
and reverse take-overs. He advises on plans of arrangement,
amalgamations, spin-out transactions, regulatory compliance,
shareholder meetings and proxy solicitations.
Keough, Loyola G.
Bennett Jones LLP
(403) 298-3429
keoughl@bennettjones.com
Mr. Keough is a partner in the firm's Regulatory Department. He has
particular experience in oil, gas, electricity, LNG, rates, facilities and
environmental matters. His clients include utilities, pipelines, buyers,
producers, shippers and banks.
LEXPERT RANKED LAWYERS
"I think the transparency
act means First Nations
are going to notice anyone
who was paying less than
the average previously, and
the next time around, and
probably going to want
more. The cost of doing
business is going to go up."
- Roy Millen, Blake,
Cassels & Graydon LLP
PHOTO:
REUTERS
