30 LEXPERT
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2016/17
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WWW.LEXPERT.CA
functions on behalf of governments. "If an SOE has a
regulatory function, or if it's not clear, then I would dis-
close," he advises.
Under ESTMA, payments to Aboriginal govern-
ments must also be reported for fiscal years beginning
aer June 1, 2017. And Shishler says reporting com-
panies should not assume the requirement is limited
to Aboriginal groups in Canada: "I suspect they mean
worldwide." She says the two-year deferral on reporting
payments to Aboriginal groups is likely an artifact of
Canadian constitutional law prescribing a duty to con-
sult First Nations on legislation affecting them. She adds
that companies and Native groups have traditionally
regarded benefits agreements as commercially confiden-
tial, especially where revenue sharing is concerned, and
that issue may require further consideration.
In order to demonstrate its constitutional primacy
in the field of natural resources, Q uébec has passed its
own transparency law, which is virtually identical to the
federal law — though Alberta, with its traditionally fe-
rocious grip on resource rights, has not seen fit to follow
Q uébec's example.
"Q uébec is occupying the jurisdiction," says Richer La
Flèche. He says the other major motivator for Québec's
new law, An Act Respecting Transparency Measures in the
Mining, Oil and Gas Industries, is to support "social li-
Mondrow, Ian A. Gowling WLG
(416) 369-4670 ian.mondrow@gowlingwlg.com
Mr. Mondrow leads Gowling WLG's energy regulation and policy practice
in Toronto. He advises on a variety of matters in the natural gas and
electricity sectors, including energy policy, regulatory policy and pro-
cess, rates and tariff matters, facilities applications and compliance
and licensing issues.
Moore, J. Alexander Davies Ward Phillips
& Vineberg LLP (416) 863-5570 amoore@dwpv.com
Mr. Moore practises corporate and securities law with an emphasis on
public company M&A, corporate finance, governance and proxy con-
tests. He has extensive experience advising Canadian and international
mining issuers on M&A, financing matters and joint ventures.
Morrison, John D. McMillan LLP
(604) 691-7411 john.morrison@mcmillan.ca
Mr. Morrison acts for mining companies on debt and project
financing in his finance and banking law practice. He also represents
lenders and borrowers on all types of corporate and commercial
credit facility matters.
Murphy, Robert S. Davies Ward Phillips
& Vineberg LLP (416) 863-5537 rmurphy@dwpv.com
Mr. Murphy practises securities law with a focus on capital markets
transactions, private and public M&A and disclosure issues, and has
extensive experience in the mining sector and on cross-border matters.
Nadon, Odette BCF LLP
(514) 397-4635 odette.nadon@bcf.ca
Ms. Nadon heads the environmental law team at BCF. She provides ad-
vice on the development of environmental risk management strategies,
planning and execution of compliance issues and environmental litiga-
tion. Her legal and scientific background and her extensive experience
in the field make Ms. Nadon a valuable expert in environmental law.
She has published books and articles all across Canada.
Northey, Rodney V. Gowling WLG
(416) 369-6666 rodney.northey@gowlingwlg.com
Mr. Northey is in his 26th year of practice focused on federal and
provincial environmental assessments and approvals. He has advanced
infrastructure in water, energy and transportation sectors. Current
environmental assessment and approval work on green energy and
infrastructure for urban and rural municipalities and First Nations
in northern Ontario and the Ring of Fire.
LEXPERT-RANKED LAWYERS
"[Canada's Extractive Sector
Transparency Measures Act]
is not really intended to change
the way mining companies do business.
It's to change the way officials
in resource-rich developing
countries do business. It forces
them to be accountable
for the revenues they receive."
- Erik Richer La Flèche, Stikeman Elliott LLP
PHOTO:
SHUTTERSTOCK
