Lawyer Monthly - June 2022

force on 28 August 2019 – replaced the Canadian Environmental Assessment Act of 2012. The Canadian Impact Assessment Registry website offers the public access to information regarding any assessment type or information about the proposed project and offers material documents for review. “Designated projects” are required to undertake an impact assessment if it is determined that a project’s physical activity may cause adverse effects or unacceptable environmental effects within federal jurisdiction. Information is made available to the public as to the decisions reached and reasons for the decisions. Greater effort is being made to ensure transparency of administrative decisions. Will recent prosecutions in terms of the Corruption of Foreign Public Officials Act (CFPOA) of Canada, the Foreign Corrupt Practices Act (FCPA) of the United States and the UK Bribery Act 2010 result in more demands for disclosures? The global anti-corruption landscape is constantly evolving. Many countries have widened the scope of their anticorruption laws and introduced more severe penalties, widened the definition of public officials to include those working in public international organisations and introduced the new offence of undue trading of influence, which attracts corporate liability. More generally, we have seen more countries introducing corporate liability for bribery offences. A broadening of liability to include facilitation payments has also been included in some jurisdictions. Essentially, the business of mining often transcends various borders and a natural resource company venturing across borders should become familiar with what conduct might offend the prevailing antibribery and corruption laws of both the investing jurisdiction and the jurisdiction into which the investment is made. The consequences of not complying with these laws can lead to hefty fines and even imprisonment for offenders. There is certainly more scrutiny taking place by authorities and regulators regarding any payments and benefits of any kind involving foreign officials or departments. As convictions and admissions of guilt become more commonplace, we anticipate a more thorough disclosure review of these payments by auditors and regulators. Auditors will be working closer with lawyers in the future in ensuring compliance with these laws as the industry graduates to enhanced transparency. 63 JUN 2022 | WWW.LAWYER-MONTHLY.COM EXPERT INSIGHT The consequences of not complying with these laws can lead to hefty fines and even imprisonment for offenders. Darryl Levitt Darryl is a dual-qualified lawyer in Ontario and South Africa. He practices in the areas of corporate finance and commercial law, natural resources, securities, public interest matters and white collar crime investigations. Prior to setting up his own practice, he helped found the South African office of a large international law firm and subsequently went on to become counsel at two other large multinational firms. Darryl advises issuers, financiers and family offices and previously advised sovereign funds on projects. Darryl brings a wealth of real-world experience to the table, having sat on a number of public company and private company boards. He has consistently been recognised as a leading international lawyer in the independent Who's Who of Lawyers and has had a selection of papers published in prestigious journals. Darryl Levitt Senior Counsel, Darryl Levitt Law Deloitte Building, 100-400 Applewood Crescent, Vaughan, ON, L4K 0C3 Tel: +1 905-482-0622 +1 416-879-6965 Fax: +1 833-333-1548 E:

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