Lexpert Special Editions

Lexpert Global Mining 2017/18

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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8 LEXPERT | 2017/18 | WWW.LEXPERT.CA those that explore and produce in Canada — is the low Canadian dollar. But by the second quarter of this year the price of gold was over US$1,265 an ounce — just over $1,700 an ounce in Canadian dollars — which changes the dynamics quite sharply for Canadian ex- plorers and producers. "If you're producing in Canadian dollars and your costs are in Canadian dollars, that means you can make some money again," says Mariage. "Economically, you're there. Just off the top, throw in the exchange-rate piece and it makes jurisdictions such as Canada a nice place to do business." e Bay Street investment banks are showing a lot of interest, he says, but he is also seeing renewed interest out of Europe. Many investors appreciate the stability of the jurisdiction compared with some countries in Af- rica, Southeast Asia or South America, where a regime change or some other condition can lead to a change in permissions and ownership. "Mining is a risky invest- ment," he says, "so people who invest in mining are al- ways weighing risk against potential reward. When you add uncertainty into the mix, dollars get scared, so if they have a chance to invest in a stable jurisdiction ver- sus one where the laws can change suddenly and licences be revoked, the stable jurisdiction looks like a safer bet." ere are producing gold mines throughout Canada including in northern BC, Ontario, Nunavut and Qué- bec. In northern Québec alone, for example, there are 10 producing gold mines owned by companies includ- ing Agnico-Eagle, Gold Corp. and IAMGOLD, as well as 11 gold mines under development — which means "they are between exploration and operation" says Ann Bigué, counsel at Dentons Canada LLP in Montréal, and some by active producers. ere is a lot of gold in northern Québec, and more and more activity and exploration. She points to Gold- corp's Éléonore mine in the James Bay region — well north of the 52nd parallel — which is not only an active mine, it is expected to eventually become Canada's lar- gest gold-producing mine. She says it is giving people the confidence that gold can successfully be mined in that remote location. In fact, the area around James Bay has been said to be in the midst of a mini gold rush. Much of the explora- tion is being done by juniors as well as by the producing mines, says Bigué, "because what they want is to expand their reserves. Exploration funding is key. It's not that easy, but the increase in the gold price has helped and the exchange rate has helped as well." Mariage is not surprised that Canada's Midas touch is slowly reasserting itself. Canada has been mining gold for over 100 years, he says, adding that 65 to 70 per cent of all the gold mines around the world are operated by Canadians. "e knowledge, the sophisticated man- power to be able to put these projects into production at a fair price, we're known for that." Benoit, Patrice Gowling WLG (514) 392-9550 patrice.benoit@gowlingwlg.com Mr. Benoit specializes in corporate restructuring, insolvency and com- mercial litigation, representing financial institutions, venture-capital corporations, accounting firms, trustees, trade creditors and other companies. He works in all insolvency-related fields, including corpor- ate restructuring and corporate reorganization. He appears before the Superior Court and the Court of Appeal of Québec. Bergner, Keith B. Lawson Lundell LLP (604) 631-9119 kbergner@lawsonlundell.com Mr. Bergner is a recognized authority on Aboriginal law as well as environmental and regulatory processes. He has extensive experi- ence relating to major natural resource projects in various industries, including mining, hydroelectric generation and transmission, oil & gas, LNG, pipelines, infrastructure and transportation projects. His project development practice extends throughout Canada. Bigué, QC, AdE, Ann Dentons Canada LLP (514) 878-8808 ann.bigue@dentons.com Ms. Bigué practises regulatory, Aboriginal and environmental assess- ment law in connection with mining, energy, infrastructure and industrial development projects and forestry development activities in Canada. Represents corporate clients in negotiation of agreements between Aboriginal communities and project proponents, and provides strategic advice on complex issues relating to Aboriginal rights. Birchall, Charles J. Willms & Shier Environmental Lawyers LLP (613) 761-2424 cbirchall@willmsshier.com Mr. Birchall has over 25 years' experience devoted to environmental law, including the application of environmental law and Aboriginal law to mining projects in Canada. He has expertise with environmental assess- ment and permitting compliance requirements associated with mining projects. He is on the Environment and Science and Aboriginal Affairs Committees of the Mining Association of Canada. Boswell, Duncan C. Gowling WLG (416) 862-4466 duncan.boswell@gowlingwlg.com Mr. Boswell is an exceptional commercial litigator who has conducted dozens of trials, arbitrations and appeals over the past 25 years. He is known for his strategic thinking on sophisticated corporate and com- mercial disputes. He has applied his considerable knowledge, resource- fulness and skill to advise clients in various industries, including the banking, mining and construction sectors. Branchaud, René Lavery, de Billy, L.L.P. (514) 877-3040 rbranchaud@lavery.ca Mr. Branchaud, partner at Lavery, has extensive experience in the field of mining law through his involvement with several mining compagnies. Mr. Branchaud has thorough knowledge of natural resources law, corporate law, mergers and acquisitions and securities law. Over the years, he has been recognized several times as a leading practitioner in the field of natural resources law. LEXPERT-RANKED LAWYERS

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