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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16 LEXPERT | 2017/18 | WWW.LEXPERT.CA PHOTO: REUTERS COMPANIES WORLDWIDE are having to change the way they do business in order to miti- gate the effects of climate change on their oper- ations. e mining industry in this country is a prime example. In Canada's far north, says Dennis Mahony, a partner at Torys LLP in Toronto, mines are already having to adapt to the effects of climate change on their infrastructure. "Look at what's happening with what we once called 'permafrost,'" says Mahony, co-chair of the firm's interdisciplinary climate change and emis- sions trading practice. "ere is an awful lot of waste rock contained in frozen tailings dams in the far north. Melting ground threatens the sta- bility of those storage structures, and it increases the likelihood that acid and heavy metals from the waste will leak into the surrounding soil and water, causing major ecological damage." e same is true of other aspects of mining in the far north that assume predictably long, cold winters, adds Mahony. Winter roads over frozen lakes and rivers, for example, have been used for generations to bring in heavy equipment, workers and supplies to mines. ose passageways are now freezing later, thawing earlier and less stable even at the height of winter because of material average temperature increases. "As a result, mining compa- nies are forced to seek oen expensive alternatives to bring in their equipment and people," he says, "including flying them in." Changing modes of transportation also have a direct effect on a mine's carbon footprint, says Adam Chamberlain, a partner with Borden Lad- ner Gervais LLP in Toronto and head of the firm's Team North Group. As a result, mines are having to not only consider and manage increasing costs, they are also having to deal with design issues re- lated to subsiding permafrost that were not a real- ity even 10 or 20 years ago. "e environment is changing ; and those living and doing business in CLIMATE CHANGE ADAPTING TO CLIMATE CHANGE MINING COMPANIES ARE STARTING TO LEARN THAT CLIMATE CHANGE WILL UNDERMINE THEIR OWN OPERATIONS. MANY ARE WORKING NOW TO SAVE THEMSELVES FROM ENORMOUS FUTURE COSTS BY BEV CLINE

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