Under the Act to amend the Mining Act and other provisions1 (the “Act”), assented to on November 29, 2024, certain amendments were made to the Mining Act.2 In this bulletin, we will focus on the rules that have been in effect as of the Act’s date of assent concerning the assignment of a mining lease or a mining concession, and those that have been in effect since November 29, 2025, concerning the transfer of an exclusive exploration right (“EER”), formerly known as a claim. Except in the case of the assignment of a mining lease or a mining concession made under the Companies’ Creditors Arrangement Act3 or the Bankruptcy and Insolvency Act,4 this type of transfer will require that a financial guarantee be provided in advance to the Minister of Natural Resources and Forests (the “Minister”) by the new holder. Without it, the transfer will be null and void.5 Furthermore, as mentioned above, a new restriction has been introduced on the transfer of an EER during the first three years of its registration,6 that is, before it is renewed. During this initial validity period, the transfer of an EER will now require its holder to first obtain authorization from the Minister by submitting the required form.7 The transfer will be granted by the Minister if the exploration work required and determined by regulation has been carried out on the property that is subject to the mining right. The assignment of an EER without prior authorization from the Minister will be null and void. 2024, chapter 36, Bill 63. CQLR c. M-13.1. R.S.C. (1985), c. C-36. R.S.C. (1985), c. B-3. Section 123.1 of the Mining Act: this requirement is also found in section 101 of the Mining Act for the granting of a mining lease. This initial validity period established in section 61 of the Mining Act will vary for converted EERs, according to what is stipulated in section 83.3, depending on the expiry date of the EERs before they were converted into map designated EERs. At the time of writing this bulletin, it appears that the Minister has not yet adopted the means to implement this restriction and the specific form to be submitted in the event of the assignment of an EER affected by this. However, we note that since the new provisions came into force, a box to check has been added to Section 3 of the mining rights transfer application form, entitled “List of mining titles, percentage transferred and authorization,” for requesting authorization from the Minister. Consequently, we assume that the application for authorization will be submitted at the same time as the form is submitted to the Register of real and immovable mining rights.

As we keenly usher in 2025, we thought we would have a quick recap on changes affecting real estate law in Quebec in 2024. Let’s have a look back on the past year and on news deserving some attention and follow-up in 2025. This is not a comprehensive list, but a reminder that much has happened in the real estate sector. In terms of rental housing construction, the Real Property (GST/HST) Regulations introduced an enhanced GST rebate for residential rental properties, for construction beginning between September 14, 2023 and December 31, 2030, and whose end date is set no later than December 31, 2035. The procedure for authenticating a Canadian document to be used in a foreign country has been standardized for countries that are party to the Hague Apostille Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. Bylaw 20-20-20 was amended to lighten the financial burden on real estate developers for the construction of affordable social housing in Montréal until the end of 2026. In terms of housing rental, the Act to limit lessors’ right of eviction and to enhance the protection of senior lessees has imposed a moratorium on the eviction of lessees by lessors who want to subdivide, expand or change the use of a dwelling, until June 2027, in addition to providing more protection for lessees aged 65 or over against eviction or repossession of a dwelling, when they have been living at the dwelling for at least 10 years and their income is equal or less than 125% of the income that would qualify them for low-rental housing based on applicable regulations. The Competition Act was amended to further regulate property controls, including the use of exclusivity clauses and restrictive covenants in existing commercial leases. The Competition Act was also amended to fight greenwashing. In the real estate industry, developers now have the burden to prove the environmental claims in respect to their properties. The increase in the inclusion rate for capital gains was announced in the federal budget in April 2024. The inclusion rate will go from 50% to 66.66% on all capital gains realized by corporations and trusts, in addition to individuals for the portion of capital gains exceeding $250,000 in a given year. Considering the potential change in government and the fact that these measures have no force of law, stay tuned for developments on this matter. Tax authorities plan to increase applicable withholding rates for the sale of a taxable Canadian property by a non-resident of Canada starting January 1, 2025. As a result, the withholding rates for disposals made as of that date have increased significantly further to the increase in the inclusion rate for capital gains. Again, there is, however, still uncertainty on whether this measure will come into force. Bill 86 amending, among other things, the Act respecting the preservation of agricultural land and agricultural activities and the Act respecting the acquisition of farm land by non-residents was tabled and introduced to the National Assembly of Quebec by the Minister of Agriculture, Fisheries and Food, André Lamontagne. The amendments aim, in particular, to control the acquisition of farm land and fight against the acquisition of farm land by foreign investors. Stay tuned for changes in this bill. The Act to amend various legislative provisions with respect to housing has “opened the door” for municipalities to authorize housing projects before February 21, 2027, that deviate from local planning bylaws, provided that established conditions are met. Municipalities have been granted discretionary power they can use to fast-track construction projects in 2025. Following this year full of developments in the real estate sector, our real estate law team is motivated and ready to answer all your questions and requests. Do you have any other topics in mind? Share them with us and feel free to contact us for a further discussion. Have a great 2025!