Master
the elements

Master
the elements

Mining Law

Overview

Our firm has been active in this industry for more than fifty years, helping many companies achieve their business development objectives in Canada and abroad, in particular by implementing strategic alliances and various financing strategies. Lavery’s expertise in this field is recommended by the 2017 Canadian Legal Lexpert Directory.

Services

  • Documents required for private placements and public offerings, debt and equity financing, and all documentation required by stock exchanges and securities commissions
  • Purchase and sale agreements for mineral rights and related assets
  • Joint ventures and shareholder agreements for mine operators and mining projects
  • Traditional bank financing, alternative financing structures (construction loans, asset-backed loans, mezzanine financing) and setting up of securities (including with regard to mobile and fixed mining assets, while respecting the legal requirements affecting mining)
  • Mergers, plans of arrangement, and business combinations
  • Construction contracts related to mine sites and their infrastructure (including highways and bridges leading to remote sites)
  • Expertise in construction and insurance law, including invitations to tender, building permits, relevant legislation, performance bonds, construction warranties, and the many types of insurance required to protect projects
  • Sale agreements, mineral supply agreements and other standard agreements (e.g. milling agreements, royalties, streaming agreements, etc.)
  • Legal advice on Aboriginal and treaty rights, including rights set out in land claims agreements, and strategic advice with respect to relations with Aboriginal communities
  • Impact benefit agreements (IBAs) and other agreements between mining companies and Aboriginal groups
  • Advice regarding the application of environmental laws and regulations, obtaining the necessary permits, and the environmental assessment process
  • Expertise in real estate law, including title searches, the transfer of mineral rights, and the various ways to hold mineral rights
  • Expertise in agricultural land law and representation in legal disputes before administrative tribunals
  • Prepare and conduct due diligence reviews
  • Advise concerning the exercise of expropriation rights under the Mining Act (Québec)
  • Representation in all issues concerning union certification and negotiation of collective agreements
  • Representation in all conciliation or arbitration proceedings or before the courts
  • Tax planning
  • Leases and installment sales of heavy mining equipment
  • Expertise in the use of private energy sources on mining sites: electricity, natural gas, wind, solar, etc.

Representative mandates

  • Legal advisors to Exploration Midland Inc. in a private placement for gross proceeds of more than $14 million (May 2015)
  • Legal advisors to Richmont Mines Inc. in a prospectus offering for gross proceeds of $38.5 million (February 2015)
  • Legal advisors to Magris Resources Inc. in Québec in the acquisition of Niobec Inc., a wholly owned subsidiary of IAMGOLD Corporation, owner of the Niobec mine, and in the acquisition financing (January 2015)
  • Legal advisors to Redevances Aurifères Osisko Ltée in a private placement with the Caisse de dépôt et placement du Québec and the Fonds de solidarité FTQ for gross proceeds of about $42 million (November 2014).
  • Legal advisors to the Caisse de dépôt et placement du Québec in the financing transactions of Stornoway Diamond Corporation for a total investment by the Caisse of $100 million in a mix of debt, equity, and revenue streaming spring 2014).
  • IAMGOLD Corporation (formerly Cambior Inc.), counsel to the issuer: private placement of $43,316 million in flowthrough shares (February 2011)
  • Co-counsel to Integra Gold Corp in the acquisition of the Sigma-Lamaque mine located in Val-d'Or. The mine was acquired from Century Mining Corporation and Samson Bélair/Deloitte & Touche Inc., as receiver for Century. At the same time, Integra sold waste rock from the Sigma-Lamaque mine to a third party.




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