Find Lawyers in Quebec, Canada for Mining Law
Practice Area Overview
Mining Law may be both domestic, where the project is in Canada or the mining company is Canadian, and foreign, where the project is outside Canada.
At the land acquisition stage, the mining lawyer works with the legal and regulatory regime for acquiring mineral title and surface access either directly from governmental authorities or, after appropriate title searches have been conducted, from third parties. The form and security of mineral and surface tenures and the method for obtaining them from a government vary considerably from jurisdiction to jurisdiction. In foreign jurisdictions the Canadian mining lawyer will help the client to understand the political or country risk and to engage local counsel to assist. The mining lawyer will be aware of foreign ownership restrictions and will work with tax specialists to structure the investment in the most efficient way. The mining lawyer also will advise on foreign corrupt practices legislation and relevant principles.
At the exploration stage, Mining Law may include the negotiation of option and exploration joint venture agreements. These agreements are very often between junior companies, which may have acquired the mineral property and carried out preliminary exploration work, and major companies which have the financial and technical strength to develop the project. The exploration stage also comprises obtaining requisite permits and authorizations under local law and advising on maintenance of title and reclamation and reporting obligations.
In the project development phase, the mining lawyer works on environmental assessment and regulatory permitting, impact benefit agreements with indigenous groups to obtain the project’s “social licence”, and support or stability agreements with local government. Human resources, industrial relations, and OH&S policies are developed by labour and employment lawyers, but in consultation with the mining lawyer. Litigation may arise as NGOs or other stakeholders oppose the project, and the mining lawyer will play an important supporting role.
Project development may also involve the mining lawyer working on arrangements for project financing, metal stream agreements and royalties, off-take agreements, and investments by strategic partners.
As the project moves from development to construction, the mining lawyer advises on engineering and procurement contracts, construction management contracts, and service agreements and other supply chain matters.
Once the project is in operation, the mining lawyer may work on custom milling, smelting and refining contracts, product sales agreements, transportation agreements, etc. There may be emergencies or other situations involving people or the environment that require response.
At closure, the mining lawyer will be involved in the legal aspects of site rehabilitation, closure of work permits and return of reclamation bonds, sale of plant and equipment, demobilization of the work force, and termination or wind down of contracts.
At some point in the life of the mine it may be sold or its ownership restructured. Mining Law includes mergers and acquisitions in this context.
Partner - Leader of the Business Law Group Josianne Beaudry is a member of the Business law group. Her practice is primarily focused on securities law, investment funds and mining law. She also advises financial sector participants on the application of regulations relating to securities and corporate governance. Ms. Beaudry assists clients carrying out public and private financings, corporate reorganizations, as well as mergers and acquisitions. She also helps publicly traded companies maint...
Sébastien Bellefleur specializes in business law, more specifically in securities, mergers, acquisitions, corporate governance and mining law. He also helps set up funding, whether in the form of loans or equity financings. He has drafted a number of complex transactions on behalf of public and private corporations, such as the purchase, sale, funding and restructuring of businesses throughout Canada and abroad. He has represented issuers and brokers in connection with initial public o...
René Branchaud, partner and chairman of the board of directors of the firm, practises in the fields of securities, mergers and acquisitions, and corporate law. With more than thirty years’ experience, he advises companies on matters such as incorporation and organization, the drafting of shareholder agreements, private placements, public issues, going public, dispositions, and takeovers. His services are in demand with European entrepreneurs and investors, primarily in France, wi...
Jean-Philippe Buteau practises primarily in the area of business law. In particular, he assists private and public companies, public bodies, pension plans and other businesses with respect to their transactions, including investments, mergers and acquisitions, reorganizations and their internal and operational affairs in general. Over the years, Mr. Buteau has advised clients on numerous cross-border transactions and has also participated in a number of commercial transactions, including init...
Kosta Kostic is a partner in our Corporate/Commercial group in the Montréal office. He has a broad range of experience in business law, particularly in the areas of corporate finance, securities law and mergers and acquisitions. Kosta represents clients in various industries in the context of complex commercial transactions. He advises both issuers and investment dealers in private and public debt and equity offerings. He also has extensive experience as lead counsel in a number of maj...
Amar Leclair-Ghosh practises in the areas of mergers and acquisitions, public financing, private placements, privatizations, shareholder disputes and general corporate matters. Mr. Leclair-Ghosh works with major Canadian public companies, international corporations and family-held businesses pursuing growth through acquisitions. He represents clients in a variety of industries including mining, financial services, forestry and wood products, and media/technology. Mr. Leclair-Ghosh acted as Mo...
Steve Malas practises in the area of corporate finance and securities, mergers and acquisitions, privatizations and corporate governance. He has extensive experience in M&A transactions, acting for both buyers and sellers in public and private transactions and advising boards of directors and special committees in such transactions. He also acts in Canadian and Canada/US cross-border offerings and private placements on behalf of issuers and underwriters. Mr. Malas frequently advises on di...
Frank Mariage practises in the areas of securities, corporate law and mining law. Over the course of his career, he has developed legal expertise on mining issues. Frank represents mining companies and guides them during the discovery, sale, and processing of mineral deposits, in Canada and elsewhere. He specializes in the legal issues and challenges faced by mining companies.
David Massé is a partner and Head of the Montréal office’s Securities Group. David has extensive experience focused primarily on corporate finance and securities, mergers and acquisitions, financial restructuring and corporate governance. He has been counsel to strategic purchasers, financial sponsors, private equity funds, pension funds and boards of directors in several complex domestic and cross-border transactions, including going private transactions and initial publi...
Sébastien Vézina is a member of the Business law group in the Montréal office. He specializes in the fields of mergers and acquisitions of public and private companies, public and private financings and the negotiation of various commercial agreements. He also advises the firm's clients regarding a variety of corporate law issues. In 2008, Mr. Vézina was recognized by Lexpert Magazine, a legal and business publication, as one of Lexpert’s Rising Stars: Leadin...
Peter Villani leads complex transactions with major players in the retail, ecommerce, fibre optics testing, and telecommunications sectors. With dealings in the US, South Africa, South America, Europe and Asia, Peter possesses exceptional international insight and perspective. Peter is active in the community, having been president of the Jewish Vocational Service and JVS Jewish Workshop Inc., and acting as current legal counsel to the Canadian Italian Business & Professionals Association...
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