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MINING LAW

Our Services in Mining Law

Documentation and Financing

  • Private and Public Placements: Drafting documents for debt and equity financing, as well as producing required materials for stock exchanges and securities commissions.

  • Acquisition and Sale Agreements: Preparing contracts related to the purchase and sale of mining assets and rights.

  • Bank and Alternative Financing: Structuring traditional financing (construction loans, asset-backed loans, mezzanine financing, etc.) and establishing security interests for mining assets.

 

Contractual and Commercial Relationships

  • Corporate Agreements: Advising on joint ventures and shareholder agreements in mining projects.

  • Sales and Supply Contracts: Drafting agreements for the sale of ore, royalties, streaming, and other standard contracts.

  • Mergers and Consolidations: Managing mergers, corporate consolidations, and arrangement plans.

Construction and Infrastructure

  • Construction Contracts: Drafting contracts for mining sites and associated infrastructure, such as roads and bridges.

  • Construction Law and Insurance: Managing tenders, permits, guarantees, and insurance coverage specific to mining projects.

Indigenous and Environmental Rights

  • Relations with Indigenous Communities: Advising on ancestral rights, treaty rights, and negotiating impact and benefit agreements.

  • Environmental Law: Assisting with environmental regulations, obtaining permits, and managing environmental assessments.

Real Estate and Agriculture

  • Real Estate Law: Expertise in transferring mining rights, title reviews, and advice on ownership structures for mining rights.

  • Agricultural Law: Handling issues related to agricultural lands and representing clients before administrative tribunals.

Management and Due Diligence

  • Due Diligence: Implementing processes to evaluate legal and financial aspects of projects.

  • Expropriation: Assistance with exercising expropriation rights under the Mining Act (Quebec).

Labor Relations and Disputes

  • Labor Relations: Representation in union accreditation matters and collective agreement negotiations.

  • Disputes: Representation in conflicts through mediation, arbitration, or before the courts.

Tax Planning and Contracts

  • Tax Planning: Advising on optimizing tax strategies for mining companies.

  • Leases and Lease Agreements: Managing contracts for heavy equipment required for mining operations.

Energy Procurement

  • Energy for Mining Sites: Establishing energy supply solutions, including electricity, natural gas, and renewable energy sources such as wind or solar power.

Image by Nathan Neve

Overview: Supervision of the mining industry in Quebec


A growing number of Quebecers are acquiring mining titles to protect their land from unwanted exploration. However, the Quebec Mining Exploration Association (QMEA) reminds us that these purchases are not necessary, because companies must obtain written authorization from landowners to carry out work, even if they hold titles.

The Ministry of Natural Resources and Forests is currently conducting public consultations to improve the transparency and supervision of mining activities, in response to growing concerns from citizens. These consultations aim to better inform about the mechanisms of mining titles and to balance economic development with environmental protection.


Mining titles and their characteristics

  • Claim: Exclusive title for the research of mineral substances, valid for two years and renewable.

  • Mining concession: Historical title still valid for existing concessions.

  • Mining lease: Required to exploit minerals underground, valid for 20 years and renewable.

  • BEX (surface exploitation lease): To extract substances such as sand, gravel or stone, valid for 10 to 15 years, with a maximum surface area of 100 hectares.

Obligations of holders of mining titles

  • Notification and Authorization: Notify landowners or state lessees within 60 days of claim registration and obtain authorization to carry out work.

  • Consultation and communication: Inform owners and local municipalities 30 days before the start of work and initiate 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 the area under mining titles in two years, demonstrating the economic importance of the mining industry in this region. This growth underscores the need for balanced management between resource exploitation, environmental protection and consultation with local communities.

Government guidelines: Towards sustainable development

The Government of Quebec emphasizes transparency and sustainable development to ensure harmonious coexistence between mining activity and other land uses. Public consultations and online resources allow citizens and stakeholders to better understand the regulatory framework and actively engage in it.

For more information, visit the Ministry of Natural Resources and Municipal Affairs website.

Lawyer in mining law, natural resources, crude oil law

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