28 LEXPERT
|
2015/16
|
WWW.LEXPERT.CA
of the Act are more complicated than we originally
thought might be the case," Powell says. "Hopefully, the
guidance will provide tools to help the mining industry
and stakeholders understand and cope with the Cana-
dian framework — but I expect there will be growing
pains, specifically in terms of what 'government' means
and the type of payments covered."
Wade believes it's essential for companies covered by
the legislation to engage professional advice from law-
yers, accountants and business advisers.
"Professional advice is particularly important for pub-
lic companies, because these disclosures could be influ-
ential in a general way even though they're not part of
the securities regime," she says.
Wade also suggests that companies ramp up their di-
rectors and officers liability insurance.
Despite the cost and complexity, there is a silver lining
that could mitigate the burden imposed by the transpar-
ency legislation.
For the most part, the perception that mining has a
negative impact on local communities is a daunting is-
sue for the industry. To some extent, the perception is
unwarranted and fuelled by high-profile impacts, such
as the Mount Polley mine environmental disaster in the
Cariboo region of central British Columbia.
e disaster originated in August 2014 with a breach
of the Mount Polley copper and gold mine's tailing
pond, which released many years' worth of mining
waste. Within four days, the pond's 4 square kilometres
were empty.
"Who knows where the fault truly lies?" Gordon
Chambers of Cassels Brock & Blackwell LLP asks.
"ere was evidence of unstable soil underneath the
dam that no one knew about, but regardless of fault, it
was a real black eye for the industry."
Being transparent about payments to government
and government agencies, however, could help counter
this type of negative publicity by profiling the industry's
positive contributions.
McIntyre, David M.
Norton Rose Fulbright Canada LLP
(416) 216-4090
david.mcintyre@nortonrosefulbright.com
Mr. McIntyre's experience includes M&A transactions, joint ventures
and strategic alliances, commercial agreements (including mine
development and mining-related agreements), private equity,
corporate governance and corporate social responsibility.
McKinnon, Kelley M.
Gowling Lafleur Henderson LLP
(416) 862-4432
kelley.mckinnon@gowlings.com
Ms. McKinnon, formerly Deputy Director of Enforcement and Chief
Litigation Counsel at the OSC, conducts internal investigations; litigates
securities class actions, corporate/commercial and privacy disputes;
and defends regulatory proceedings.
McNaughton, William K.
Borden Ladner Gervais LLP
(604) 640-4120
wmcnaughton@blg.com
Mr. McNaughton acts as counsel and provides advice on all types of
environmental matters, including contaminated sites, mine leachate,
mine reclamation, land development, pulp and lumber mill impacts,
migrating pollution, charges and permit appeals.
McVicar, James G.
Dentons Canada LLP
(416) 863-4394
james.mcvicar@dentons.com
Mr. McVicar focuses on corporate finance & mining; advising issuers,
underwriters and investors in domestic and international public &
private financings, including venture capital financing, domestic
& cross-border M&A and corporate governance matters.
Melanson, Michael N.
Bennett Jones LLP
(416) 777-6552
melansonm@bennettjones.com
Mr. Melanson, Co-Head of Corporate, practises extensively in the
capital markets area, with an emphasis on public and private offerings
of securities, take-over bids and M&A. He acts for clients in a wide
range of industries, particularly mining.
Miller, QC, Jennifer A.
Bennett Jones LLP
(780) 917-4261
millerj@bennettjones.com
Ms. Miller represents energy, mining, construction and related
organizations regarding occupational health and safety (OHS)
compliance and defence of OHS prosecution. She also advises
numerous OHS associations.
LEXPERT RANKED LAWYERS
"Unions are getting
involved in these initiatives
as well, so you're going to
hear a lot about corporate
social responsibility in a
broader sense in the next
few years. Increasingly,
CSR will be part of the
cost of doing business."
- Gordon Chambers,
Cassels Brock & Blackwell LLP
