Canadian Lawyer

September 2012

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LEGAL REPORT/MINING LAW Pushing for Plan Nord Everyone wants the plan to go ahead, but amendments to the Mining Act to include sustainable measures for the environment, economy, and society are raising questions. BY JENNIFER BROWN definitive legislation until a significant amount of time post-election and there is still an open debate going on, but it will be stalled as election time comes along." One of the critical pieces of legisla- tion is bill 14, "an act respecting the development of mineral resources in keeping with the principles of sustain- able development." From a legislative standpoint, bill 14 is important because it amends the Mining Act to introduce sustainability as one of the foundations of the legislation. As of mid-July it had been at committee for more than 43 days. At the end of the National Assembly's last session, the Parti Québécois blocked the passage of bill 14 and bill 27, "an act respecting the Société du Plan Nord, W hen it was announced last May by Quebec Premier Nord — the plan to develop the natural resources extraction sector in the part of Quebec north of the 49th paral- lel — was exciting news for both the mining industry in Canada and foreign investors. The plan, to be carried out over 25 years, would foster over $80 billion in energy, mining, and forestry investments and translate into tens of thousands of jobs. Charest, Plan Jean impact on the province's environment, economy, and society as a whole, and so the government brought forward several pieces of legislation to amend Quebec's Mining Act. A year later the changes have yet to be implemented and it has left some wondering when the project will finally get the green light to move forward. With a September election in Quebec, further delays seem probable. "At this point people are in a wait-and- see mode, ner with Osler Hoskin & Harcourt LLP in Montreal. "We're not going to see " says François Paradis, a part- Plan Nord would have a massive arguing key amendments to the bill must be adopted. "When the prov- ince develops Plan Nord it will allow Quebec to distinguish itself on an inter- national level but rather than adopt- ing it outright " want to obtain larger economic benefit," explains Martine Guimond of Gowling Lafleur Henderson LLP in Montreal. However there is generally wide- [the Parti Québécois] spread support for the changes being put forward. Jean Piette, a senior part- ner with Norton Rose Canada LLP in Montreal, testified before the commit- tee on the bill Association. "We like the idea of incor- porating sustainability as one of the foundations of the mining legislation. I think it's a good idea because Quebec for the Canadian Bar www.CANAD I AN Lawyermag.com SEPTEMBE R 2012 43 huan Tran

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