Carole Gélinas Partner, Lawyer

Carole Gélinas Partner, Lawyer

Office

  • Montréal

Phone number

514 877-2926

Fax

514 871-8977

Bar Admission

  • Québec, 2003

Languages

  • English
  • French

Profile

Partner

Carole Gélinas is a partner in the Business Law group and focuses her pratice on real estate and mining law for over 30 years.

Her specialization in these areas allows her to advise and represent our clients, manage and support our professionals in matters involving the acquisition, disposition and financing of real estate and mining titles, the establishment of terms and conditions and the creation of dismemberments of property rights and title insurance policies, as well as the development and execution of the due diligence aspects of matters, the publicizing of rights with the relevant public registries and the negotiation and drafting of various contracts. Finally, Ms. Gélinas also provides regular support to other practice groups on all matters relating to real estate and mining law.

After practicing law as a notary in Quebec for 16 years, Ms. Gélinas became a member of the Quebec Bar in 2003. This atypical experience allows her to be more efficient in the performance of the mandates assigned to her.

Ms. Gélinas works on real estate and mining projects for private companies, institutional clients and parapublic organizations. She represents clients in the areas of transportation, telecommunications, gas, hydroelectric and wind energy, as well as in the design of partnerships for the development of large real estate or mining projects.

Prior to joining Lavery, Carole practised real estate and mining law at law firms that offered national and international legal services.

Education

  • LL.B., Université de Montréal, 1986
  • Notarial law diploma, Université de Montréal, 1987
  • Member of the Chambre des notaires du Québec from 1987 to 2003

Boards and Professional Affiliations

  • Member of the Canadian Bar Association since (1987-2017)
  • Member of the Chambre des notaires du Québec (1987-2003)
  1. 2024 Review of Real Estate Law Highlights in Quebec

    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!

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  1. Lavery Acts as Quebec Counsel to Newmont Corporation in Major US$795 million Transaction

    Lavery is pleased to advise Newmont Corporation in one of Canada's largest mining transactions, valued at US$795 million. Completion of this transaction is scheduled for the first quarter of 2025. Our mining law team is acting as Quebec Legal counsel to Newmont Corporation in connection with the sale of the Éléonore gold mine, located in the Eeyou Istchee Baie-James territory region of northern Quebec, to Dhilmar, a private mining company based in the United Kingdom. This sale is part of Newmont Corporation's strategy to refocus its portfolio of mining assets.As part of the transaction, our team reviewed and analyzed all assets associated with the Éléonore gold mine. This included mining titles such as mining leases, as well as the transfer and evaluation of government and environmental permits, to ensure compliance with mining laws and regulations. The Lavery team was led by our Business Law partner, Sébastien Vézina, with support from Valérie Belle-Isle, Carole Gélinas, Éric Gélinas, Jean-Paul Timothée, William Bolduc, Joseph Gualdieri, Radia Amina Djouhaer, Charlotte Dangoisse, Salim Ben Abdessalem, Annie Groleau, Joëlle Montpetit and Nadine Giguère. About NewmontNewmont is the world's leading gold company and a producer of copper, zinc, lead, and silver. The corporation's world-class portfolio of assets, prospects and talent is anchored in favorable mining jurisdictions in Africa, Australia, Latin America & Caribbean, North America, and Papua New Guinea. Newmont is the only gold producer listed in the S&P 500 Index and is widely recognized for its principled environmental, social, and governance practices. Newmont is an industry leader in value creation, supported by robust safety standards, superior execution, and technical expertise. Founded in 1921, the Company has been publicly traded since 1925. About LaveryLavery is the leading independent law firm in Québec. Its more than 200 professionals, based in Montréal, Québec City, Sherbrooke and Trois-Rivières, work every day to offer a full range of legal services to organizations doing business in Québec. Recognized by the most prestigious legal directories, Lavery professionals are at the heart of what is happening in the business world and are actively involved in their communities. The firm's expertise is frequently sought after by numerous national and international partners to provide support in cases under Québec jurisdiction.

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  2. Lavery announces return of Carole Gélinas as partner

    Lavery is pleased to announce the return of Carole Gélinas as a partner. Carole, who practiced law at Lavery from 2012 to 2019 on the real estate team, is returning to her roots. She has more than 30 years of experience in this field and is known for assisting corporations with mandates relating to the leasing, acquisition, sale and financing of real estate assets. She also has extensive experience in mining law. “I am delighted to be back with the Lavery family. The firm’s strength lies in its ability to offer a complete range of services, to manage major cases and to maintain a proximity to the business reality of its clients. I am pleased to once again be able to put my expertise in real estate and mining law,” says Carole Gélinas.

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  3. Lavery Lawyers contributes to the creation of Espace Montmorency

    On June 11, construction began on Espace Montmorency, Laval's largest mixed-use real estate project, worth nearly $500 million. Lavery had the opportunity to play a key role in this major transaction by representing Groupe Sélection in the creation of the consortium for the construction, development and ownership of Espace Montmorency. The organization of such a consortium raised complex issues related to corporate, construction, real estate and labour law all at once. In addition to having been mandated to develop several important project agreements, including the consortium agreement governing the rights and obligations of Espace Montmorency's builders, the lawyers involved in the deal represented Groupe Sélection in the negotiation of the terms of all the agreements ancillary to the project. Espace Montmorency is a sustainable, mixed-use urban development project combining residential, commercial, cultural and community spaces. This human-scale project, located near Place Bell and Laval's main thoroughfares and directly linked to Montréal's subway system, is sure to become a popular destination. Montoni and the Fonds immobilier de solidarité FTQ will now rely on the recognized expertise of our client Groupe Sélection, a Canadian leader in the creation of intergenerational living environments, for the design and construction of the residential portion of the project. The work of Lavery's team, led by Étienne Brassard and composed mainly of Bernard Trang, Carole Gélinas, France Camille De Mers, André Vautour, Nicole Messier, Guy Lavoie, Élodie Brunet, Chantal Tremblay, Dolaine Béland and Joëlle Montpetit, helped launch this flagship project for Laval.

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  4. Lavery represents Aspen Skiing Company and KSL Capital Partners in a US$1.5 billion acquisition

    As legal advisors for the Quebec portion of the transaction, Lavery represented the affiliates of Aspen Skiing Company, LLC and KSL Capital Partners, LLC during the acquisition of Intrawest Resorts Holdings, Inc., a ski resort operator and adventure company in North America that owns Mont Tremblant Resort in Quebec. The transaction closed on July 31, 2017, for an approximate aggregate value of US$1.5 billion and created a new entity with a property portfolio of 12 four-season mountain resorts, 20,000 skiable acres, significant land available for real estate development, and Canadian Mountain Holidays, a leading heli-ski operator. The Lavery team was headed by Sébastien Vézina and François Arseneault (Corporate) and included Carole Gélinas and Mathieu Cantin (Real Estate), Audrey-Julie Dallaire and Daniel Bouchard (Environment), Zeïneb Mellouli (Labour), Eric Lavallée (Intellectual Property) and Maxime Rousseau-Turenne and Luc Thibaudeau (Litigation).

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