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Mining Law

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All the services related to the Mining Law

 

Drafting of Documents for Private and Public Placements:

  • Creation of necessary documentation for debt and equity, as well as production of required documents for stock exchanges and securities commissions.

 

Acquisition and Sale Contracts:

  • Drafting of contracts for the purchase and sale of assets and mining rights.

 

Business Agreements:

  • Advice for joint ventures and shareholder agreements for a mining project or operator.

 

Banking and Alternative Financing:

  • Structuring of traditional and alternative financings (construction loans, asset-backed loans, mezzanine financing, etc.) and establishment of securities, including those concerning movable and immovable mining assets, in compliance with mining laws.

 

Mergers and Consolidations:

  • Management of mergers, plans of arrangement, and corporate consolidations.

 

Construction Contracts:

  • Drafting of contracts related to the construction of mining sites and their infrastructure, including highways and bridges leading to remote sites.

 

Construction Law and Insurance:

  • Expertise in tenders, construction permits, regulation, performance and construction guarantees, and various types of insurance necessary to protect a project.

 

Sales and Supply Contracts:

  • Creation of mineral sale/supply agreements and other standard contracts, such as toll milling, royalties, and streaming.

 

Aboriginal Rights and Community Relations:

  • Advice on aboriginal rights, treaty rights or agreements on land claims, and strategies for relations with aboriginal communities.

 

Agreements with Aboriginal Communities:

  • Negotiation of impact and benefit agreements and other accords with aboriginal communities on behalf of companies.

 

Environmental Law:

  • Advice on the application of environmental laws and regulations and management of the processes for obtaining government authorizations, including environmental assessments.

 

Real Estate Law:

  • Expertise in title review, transfer of mining rights, and advice on the modes of holding mining rights.

 

Agricultural Law:

  • Expertise in law related to agricultural land and representation in case of disputes before administrative tribunals.

 

Due Diligence:

  • Development and implementation of due diligence processes.

 

Expropriation:

  • Advice on the exercise of the right of expropriation provided by the Mining Act (Quebec).

 

Labor Relations:

  • Representation in matters of union accreditation and the negotiation of collective agreements.

 

Litigation:

  • Representation in case of disputes in conciliation, arbitration, or before common law courts.

 

Tax Planning:

  • Advice on tax planning.

 

Leases and Leasing:

  • Management of leases, leasing, and installment sales for heavy equipment necessary for mining operations.

 

Energy Supply:

  • Expertise in setting up private energy supply sources for mining sites, including electricity, natural gas, wind energy, and solar energy.

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These services aim to provide comprehensive and personalized support to meet the varied needs of mining companies, while complying with applicable regulations and promoting a sustainable and balanced approach.

Overview

A growing number of Quebecois are seeking to slow down and block the development of the mining industry by acquiring mining titles on their own land. This initiative aims to protect their land from unwanted mining exploration. The Quebec Mineral Exploration Association (AEMQ) emphasizes that citizens buying mining titles is unnecessary to prevent mining exploration. Exploration companies must obtain written authorization from landowners before conducting any work on their land, even if they hold mining titles.

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The Ministry of Natural Resources and Forestry is currently conducting a public consultation on mining activities regulation. This consultation aims to address citizen concerns and enhance information available on mining title mechanisms. Notably, the Abitibi-Témiscamingue region has seen a 46% increase in the area under mining titles in the past two years, reflecting the growth of mining activity in the region.

 

Landowners have the right to prevent mining exploration on their lands without purchasing mining titles. Acquiring a mining title obligates the buyer to conduct exploration work. A public consultation is underway to improve mining regulation and transparency. The increase in mining titles in Abitibi-Témiscamingue underscores the importance of the mining industry in the region and the need for balanced management between economic development and environmental protection.

Mining rights are governed by the Mining Act, which aims to promote sustainable prospecting, research, exploration, and exploitation of mineral substances while ensuring citizens receive a fair share of generated wealth. It also seeks to balance exploitation of non-renewable resources with other land uses and develop Quebec expertise in this field.

A mining claim is a title granting exclusive rights to conduct mineral substance research work, obtained through map designation via the Ministry of Energy and Natural Resources' GESTIM system. Valid for two years, it is renewable if the holder meets Mining Act conditions and obligations.

 

A mining lease is necessary for exploiting non-surface mineral substances, with a maximum area of 100 hectares. Valid for 20 years, it is renewable up to three times for ten years each, and subsequently for five-year periods. A surface mineral substances exploitation lease (BEX) is for extracting sand, gravel, stone, peat, etc., with a maximum area of 100 hectares (300 hectares for peat). Valid for 10 to 15 years, it is renewable up to two times.

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Claim holders must notify landowners or state lessees within 60 days of claim registration, obtain written permission to access land and conduct exploration work, notify owners and the local municipality of planned work at least 30 days before commencement, carry out exploration work, provide annual reports, submit engineer or geologist-certified reports for lease holders, conduct feasibility and economic opportunity studies, obtain approvals for reclamation and restoration plans, and conduct public consultations for large-scale exploitation projects.

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The Ministry of Natural Resources and Forestry conducts public consultations to improve mining activities regulation, seeking input from citizens and stakeholders to enhance transparency in mining title issuance processes.

Abitibi-Témiscamingue has seen a 46% increase in area under mining titles in two years, reflecting the growth of mining activity in the region. For harmonious coexistence of mining activities with other land uses, it is essential for mining rights holders to comply with regulations and engage in consultations with local communities.

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Sustainable development and transparency are central to Quebec's land use planning policies. For more information, refer to resources available on the Ministry of Municipal Affairs and Land Occupancy and Government of Quebec mining websites.

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