Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m S E P T E M B E R 2 0 1 5 49 Dattu adds there may be legal restrictions on what types of payments can be made public. "In some cases, companies have agreed in their mining contracts to keep information they have negotiated with the government confidential. There may be a need in some cases to obtain a waiver to comply with Canadian law and other pieces of legislation." Further complications could arise when a company has an entity that on the surface may seem to be exempt. For example, a foreign entity may not be engaged in any extractive sector activity within Canada but may be in the steel industry here, and down the corporate chain a sister company might be in coal mining. "When you read the leg- islation, it's not clear whether foreign enti- ties that have no extractive related activities in Canada are caught or not. On its face, it would appear they could be caught because the definition of entity doesn't restrict it to a Canadian entity," he adds. It's also not just the operating entity but any entity that controls a corporation or trust or partnership that is engaged in the development of oil, gas or minerals. "I think there are some private equity funds and financial institutions that might get caught not realizing the legislation has a provision for those that control entities down the cor- porate chain," he says. Publication of the information will let the citizens of a country know what a Cana- dian company has been paying its govern- ment in taxes, fees, and royalties. "It raises a red flag as to what the reason might be for an unusually high payment," says Dattu. "Transparency and the ability to make a government accountable and potentially a company in Canada accountable, even from a media access perspective, is a helpful policy to have." Adding to the push for transparency in this area, on June 11, Quebec's Minister for Mines Luc Blanchette introduced bill 55 — an act to amend the mining tax act — before the Quebec National Assembly. It proposes to impose mandatory reporting requirements on businesses operating in the mining and oil and gas sectors. Quebec has its own Transparency Act, which is very close to the federal one. "The rule in the federal act says if you comply with another jurisdiction they are substantially the same," says Whittaker. Dattu agrees, saying he believes Quebec will try to harmonize its legislation with the federal one. "But it is more a constitutional initiative to affirm their right over natural resources so as not to be seen to be abdicat- ing that role to the federal government." While larger companies have been doing some level of this kind of reporting for some time related to other regulatory measures, the legislation may be difficult on mid-size and smaller extractive sector companies. "Any additional requirements always adds an additional cost burden, particularly when there is a potential penalty and officers and directors can be made liable," says Dattu. Companies can also take advantage of the information. It allows them to see the average amount being paid to governments. "That type of transparency might be helpful for some mining companies in dealing with tough negotiations and politics in coun- tries where there's always an expectation that mining companies in Canada and the United States are swimming in money," he says. Get the only resource focused on Canadian citizenship and immigration inadmissibility law for corporate and immigration lawyers and paralegals representing different status holders under the Immigration and Refugee Protection Act (IRPA). Written by Mario D. Bellissimo, a renowned Canadian citizenship and immigration lawyer, this new publication provides the comprehensive and detailed analyses on the distinct consequences of inadmissibility for different status holders under the IRPA, and the practical guidance on how to effectively manage such cases, in an easy to read format. Topics discussed in this valuable new resource include: • The complex regime of removal orders under the IRPA • Medical inadmissibility • Misrepresentations, including in the new Labour Market Impact Assessment (LMIA) compliance regime • The distinct treatment and consequences of inadmissibility for citizens, permanent residents, and foreign nationals • Collateral consequences of criminal convictions New Publication A Practical Guide to Canadian Citizenship and Inadmissibility Law – Corporate Edition Mario D. Bellissimo, LL.B., C.S. Foreword by Isabelle Dongier Practical tips and strategies for effectively managing immigration inadmissibility and work permit cases Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Order # 986665-65203 $129 Softcover approx. 340 pages May 2015 978-0-7798-6665-6 00229RB-A49377

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