Mining Law
Our Mining Law Services
Document Drafting and Financing
- Private and Public Placements: Preparation of debt and equity documents, and production of required filings for stock exchanges and securities commissions.
- Acquisition and Sale Agreements: Drafting of contracts related to the purchase and sale of mining assets and rights.
- Bank and Alternative Financing: Structuring of traditional financing (construction loans, asset-backed loans, mezzanine financing, etc.) and securing collateral for mining assets.
Contractual and Commercial Relationships
- Joint Ventures and Shareholder Agreements: Legal guidance for joint ventures and shareholder agreements in mining projects.
- Sales and Supply Agreements: Drafting of contracts for mineral sales, royalties, streaming, and other commercial arrangements.
- Mergers and Consolidations: Management of mergers, business combinations, and arrangement plans.
Construction and Infrastructure
- Construction Contracts: Drafting agreements for mining sites and associated infrastructure, such as roads and bridges.
- Construction Law and Insurance: Handling bids, permits, guarantees, and insurance coverage specific to mining projects.
Indigenous Rights and Environmental Law
- Relations with Indigenous Communities: Legal advice regarding ancestral rights, treaty rights, and negotiation of impact and benefit agreements.
- Environmental Law: Guidance on environmental regulations, permitting, and environmental assessments.
Real Estate and Agricultural Law
- Real Estate Law: Expertise in the transfer of mining rights, title examination, and advice on ownership structures.
- Agricultural Law: Legal support for issues related to agricultural land and representation before administrative tribunals.
Management and Due Diligence
- Due Diligence: Implementation of legal and financial due diligence processes for mining projects.
- Expropriation: Assistance with exercising expropriation rights under Quebec’s Mining Act.
Labour Relations and Litigation
- Labour Relations: Representation in union certification matters and collective bargaining negotiations.
- Litigation: Legal representation in disputes through conciliation, arbitration, or court proceedings.
Tax Planning and Contract Management
- Tax Planning: Strategic tax advice to optimize the financial structure of mining operations.
- Leases and Equipment Financing: Management of contracts for heavy equipment leasing essential to mining operations.
Energy Supply
- Energy for Mining Sites: Implementation of energy supply solutions, including electricity, natural gas, and renewable sources such as wind or solar.
Overview: Mining Industry Regulation in Quebec
An increasing number of Quebec residents are acquiring mining claims to protect their land from unwanted exploration. However, the Quebec Mineral Exploration Association (QMEA) reminds the public that such purchases are not required, as companies must obtain written consent from landowners before conducting any exploration—even if they hold mining titles.
Encouraging Amicable Solutions
The Ministry of Natural Resources and Forests is currently conducting public consultations to improve transparency and regulatory oversight of mining activities, in response to growing public concern. These consultations aim to enhance public understanding of mining title mechanisms and balance economic development with environmental protection.
Mining Titles and Their Characteristics
- Claim: Exclusive title for mineral exploration, valid for two years and renewable.
- Mining Concession: A historical title still valid for existing concessions.
- Mining Lease: Required for underground mineral exploitation, valid for 20 years and renewable.
- Surface Mining Lease (BEX): Required for extracting substances like sand, gravel, or stone; valid for 10 to 15 years with a maximum area of 100 hectares.
Obligations of Mining Title Holders
- Notification and Authorization: Notify landowners or state tenants within 60 days of registering a claim and obtain authorization before performing work.
- Consultation and Communication: Notify landowners and local municipalities 30 days before starting work, and hold public consultations for large-scale projects.
- Reports and Studies: Submit certified annual reports, conduct feasibility studies, and comply with approved restoration plans.
The Rise of Mining Activity in Abitibi-Témiscamingue
The Abitibi-Témiscamingue region has seen a 46% increase in land under mining titles in two years, reflecting the industry’s economic importance in the area. This growth underscores the need for balanced management of resource extraction, environmental protection, and community consultation.
Government Policies: Toward Sustainable Development
The Quebec government is prioritizing transparency and sustainable development to ensure harmonious coexistence between mining activities and other land uses. Public consultations and online resources help citizens and stakeholders better understand the regulatory framework and engage with it actively.
For More Information, please visit the website of the Ministry of Natural Resources and Municipal Affairs.
Mining law is a complex field that encompasses various legal and regulatory aspects, including mining transactions, financing, acquisitions, and due diligence for mining companies. Our firm offers comprehensive legal services to support mining companies throughout the lifecycle of their operations.
We assist with mining title management, expropriation rights, and Indigenous relations, guiding clients through environmental compliance and regulatory frameworks. We also draft purchase agreements, manage mergers and acquisitions, and structure project financing to secure investments and maximize profitability.
With deep expertise in natural resource law and environmental compliance, we help clients navigate complex permitting processes, land rights management, and federal/provincial mining laws. We are also committed to supporting Indigenous negotiations, recognizing the importance of ancestral rights and maintaining respectful relationships with local communities.
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