TEST - Mining Law

January 8, 2026

QUÉBEC’S LEADING MINING LAW TEAM

60+ YEARS OF EXPERIENCE

19+ MINING-DEDICATED PROFESSIONNALS

FULL-SERVICE SUPPORT

Why Lavery?

Proven Québec authority

Recognized by Chambers Canada and Chambers Global in Mining & Energy law (2020–2026) for outstanding client service and industry insight.

Decades of sector leadership

More than 60 years of experience advising local, national and international clients on transactions, financings, mergers and project development across the Québec mining sector.

High-volume transactional experience

One of few firms with a steady pipeline of mining industry mandates—ranging from routine matters to complex, high-stakes transactions.

Quebec lawyers with global reach

We represent active mining companies in Canada as well as in Australia, South America and North and West Africa.

Trusted collaborators

Trusted Quebec counsel for Canadian, U.S. and multinational corporations investing in Québec-based mining projects.

Comprehensive Legal Support Across the Mining Lifecycle

Lavery’s Mining Law Group provides end-to-end legal services covering every stage of mining operations in Québec and beyond. Our expertise includes:

Transactional and Corporate Structuring: Acquisition and sale of mining rights and assets, joint ventures, mergers, shareholder agreements and corporate reorganizations.

Financing and Securities: Public and private financings, alternative lending structures and compliance with securities regulations and stock exchange requirements.

Regulatory and Environmental Compliance: Environmental permitting and assessments, expropriation under Québec’s Mining Act and tax incentives for exploration.

Project Development and Infrastructure: Construction contracts, real estate and title matters, agricultural land use, energy sourcing and equipment leasing.

Aboriginal Law and Community Relations: Impact benefit agreements, treaty and land claims advice and ongoing engagement with Indigenous communities.

Litigation and Dispute Resolution: Representation in court, arbitration, and administrative proceedings across all areas of mining operations.

Labour and Employment: Union relations, certification and negotiation of collective agreements.

Tax and Strategic Planning: Structuring for both domestic and cross-border operations, including asset protection and tax efficiency.

Intellectual Property (including patents, trade secrets, trademarks, industrial designs and copyrights): Patenting new and innovative technologies, Trademark protection.

CLIENT WORK

Our clients include Quebec, Canadian and international mining companies and other key players in the mining ecosystem.

Newmont Corporation

Sold Quebec’s Éléonore gold mine to Dhilmar Ltd for C$1.1 billion.

Abcourt Mines

Engineered a three-cornered amalgamation with Pershimex Resources.

Brunswick Exploration

Executed multiple cross-border financings and property acquisitions.

Midland Exploration

Structured strategic alliances with Barrick Gold, Rio Tinto and SOQUEM.

Fancamp Exploration

Negotiated a joint venture with Platinex to advance Ontario gold properties.

Winsome Resources (ASX-listed)

Managed Canadian legal, regulatory and tax aspects of cross-border

flow through placements.

Société de développement de la Baie James

Advised on multiple matters, including the development of an innovative mining investment fund operating through a limited partnership.

NQ Mining Investment LP

Established a limited-partnership fund with ARBJ for regional mining development.

Ballard Power Systems

Patent prosecution work.

ReThink Milling

Drafting and prosecution of patent applications.

Green Graphite Technologies

Drafting and prosecution of patent applications.

Firm & Lawyer Rankings

CHAMBERS CANADA AND CHAMBERS GLOBAL: Energy & Natural

BEST LAWYERS: Mining

LEXPERT AND LEXPERT SPECIAL EDITION-MINING: Resources—Mining

FULL-SERVICE MINING LAW TEAM

RENÉ BRANCHAUD

ALI EL HASKOURI

ÉRIC GÉLINAS

YASMINE BELRACHID

MARIE-CLAUDE CÔTÉ

RADIA AMINA DJOUAHER

ERWIN SCHULTZ

JEAN-PAUL TIMOTHÉE

MYLÈNE VALLIÈRES

JOËLLE MONTPETIT

Securities and transactional

Environmental Law, Regulatory and First Nations

Leader of the Mining Group

Labour Law

Financing

Real Estate

Taxation

Litigation and Insolvency

Corporate/Commercial

Financing

Corporate/M&A

Litigation and Insolvency

Securities and transactional

Securities and transactional

Corporate/Commercial

Intellectual Property

Securities and transactional

Corporate/M&A

Real Estate

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September 25, 2025

Lavery's expertise recognized by Chambers Global 2026

We are pleased to announce that Lavery has once again been recognized in the 2026 edition of Chambers in the following sectors: Coporate/Commercial (Quebec, Band 1) Employment & Labor (Quebec , Band 2) Energy & Natural Ressources : Mining (Nation wide Canada, Band 3) Intellectual Property (Nationwide Canada, Band 4) Insurance : Dispute Resolution (Nationwide Canada, Band 5) These recognitions are further demonstration of the expertise and quality of legal services that characterize Lavery's professionals. Nine lawyers have been recognized as leaders in their respective areas of practice in the 2026 edition of the Chambers Global guide. Areas of expertise in which they are recognized: René Branchaud : Energy & Natural Ressources : Mining (Nationwide Canada, Band 5) Brittany Carson: Employment & Labour (Up and Coming) Nicolas Gagnon: Construction (Nationwide Canada, Band 2) Édith Jacques: Corporate/Commercial (Québec, Band 5) Marie-Hélène Jolicoeur: Employment & Labour (Québec, Band 4) Guy Lavoie: Employment & Labour (Québec, Band 2) Martin Pichette: Insurance: Dispute Resolution (Nationwide Canada, Band 3) Sébastien Vézina: Energy & Natural Ressources : Mining (Nationwide Canada, Band 5) Camille Rioux: Employment & Labour (Associates to watch) About Chambers Since 1990, Chambers and Partners' ranks the best law firms and lawyers across 200 jurisdictions throughout the world. The lawyers and law firms profiled in Chambers are selected following through a rigorous process of research and interviews with a broad spectrum of lawyers and their clients. The final selection is based on clearly defined criteria such as the quality of client service, legal expertise, and commercial astuteness. About Lavery Lavery 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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February 12, 2026

Real impact of Bill 5 on the acceleration of mining projects in Quebec

Bill 5,1 An Act to accelerate the granting of the authorizations required to carry out priority national-scale projects (Bill 5), tabled by Finance Minister Éric Girard, is part of a broader government strategy to accelerate the completion of strategic projects in Quebec. Inspired by federal law C-5,2 Bill 5 aims to streamline the administrative process behind major projects so that they can be rolled out more rapidly. Purpose of Bill 5: make it easier to grant authorizations for strategic projects The government’s stated intention is to stimulate the Quebec economy by accelerating the administrative process underlying strategic economic and energy projects to be designated by it. These projects must: generate major economic spinoffs; create jobs; and further the energy transition. During his opening speech of the session, Premier François Legault stressed the fact that lead times need to be shortened and administrative processes need to be streamlined, while maintaining high standards. The goals are clear, but does Bill 5 actually make it possible to achieve them? Framework and scope of Bill 5: transition to a single authorization for large-scale projects Bill 5 will allow the government to change how various laws are applied to accelerate national-scale projects in Quebec without circumventing environmental assessment processes and the rights of Indigenous communities. It provides for the granting of a single authorization allowing both the project and all of the operations necessary for its completion to be carried out. In the context of a mining project, this means the granting of environmental authorizations under the Environment Quality Act (“EQA”)3 and mining titles under the Mining Act,4 as well as the approval of a preliminary version of the rehabilitation and restoration plan required by the Mining Act5 and any other authorization required by the Natural Heritage Conservation Act6 of the Act respecting the conservation and development of wildlife,7 among others. Indigenous communities Why James Bay and Northern Quebec are excluded Section 2 of Bill 5 stipulates that the Bill applies subject to any act aimed at implementing the Agreement concerning James Bay and Northern Québec8 and its amendments,9 as well as the Northeastern Québec Agreement. These agreements are put into practice in particular under Title II of the EQA, which establishes an environmental and social impact assessment and review procedure in which Indigenous communities must participate, as prescribed by the agreements. Title II of the EQA is part of the list of provisions that the government cannot add to the list of laws having an authorization process that can be replaced by the authorization granted under Bill 5. The constitutional obligation to consult Indigenous communities Bill 5 stipulates that it must be interpreted in a manner consistent with the obligation to consult Indigenous communities, and that these communities must be consulted separately when circumstances warrant doing so.10 Consulting Indigenous communities is one of the government’s constitutional obligations. As such, it could not in any case have set that obligation aside. In short, an authorization cannot be granted more rapidly under Bill 5 at the expense of the obligation to consult the Indigenous communities of southern Quebec. Also, in its assessment of an application for the designation of a project, the government may in particular consider whether the project takes the interests of local and Indigenous communities into account.11 This implies prior consultation work by the project proponent, further to which it can document the concerns and interests of Indigenous communities and adapt its project accordingly. In James Bay and Northern Quebec, mining projects are generally subject to the environmental and social impact assessment and review procedure provided for in Title II of the EQA. They fall completely beyond the scope of Bill 5.12 Contradictions in Bill 5 and implementation challenges The challenges of the two-year implementation deadline Although the Bill is presented as a way to fast-track projects, not a way to circumvent the law, a number of issues remain where mining projects are concerned. Exclusion of mining projects in James Bay and Northern Quebec The text of Bill 5 is clearly intended to apply to mining projects. Take section 4 para. 2(1) which mentions, among the points that can be considered for the designation of a project, the fact that it would consolidate Québec’s autonomy and resilience, in particular as regards energy, critical and strategic minerals or infrastructure. However, Bill 5 cannot apply to projects governed by Title II of the EQA, that is, those located in the territory covered by the James Bay and Northern Quebec Agreement. As such, many mining projects are excluded by default. This contradiction raises questions about the overall effectiveness of the Bill for mining projects, the implementation of which it claims to accelerate. Prerequisites for granting authorization maintained By its very nature, Bill 5 is intended to apply to large-scale projects, and section 1 of the Bill describes these as priority, national-scale projects. However, large-scale projects such as these are likely to be subject to the environmental impact assessment and review procedure or, at minimum, to the EQA’s ministerial authorization regime. It is important to note that, in order for an authorization to be granted under Bill 5, all the steps prior to that authorization must have been completed. Section 10 of Bill 5 stipulates that the application for authorization “must mention the permissions allowing the proponent to carry out the project ... and must be accompanied by the information and documents required as well as the payment of the duties and fees payable for the granting of those permissions.” If the project is subject to the environmental impact assessment and review procedure, the procedure must be completed before an authorization under Bill 5 can be granted. The only difference in the procedure is in section 30 of Bill 5, which stipulates that, when the impact statement for a designated project is deemed admissible, the Minister of the Environment mandates the BAPE to hold a public hearing, and the BAPE then proceeds without holding an information period. With the recent amendments made to the EQA by the Act to amend various provisions relating to the environment (also known as Bill 81), which, according to representations made by representatives of the MELCCFP, aim to reduce the impact assessment and review procedure from 18 months to 9 months, we wonder whether Bill 5 will actually contribute to accelerating the administrative process underlying projects already subject to the impact assessment and review procedure. Short-term implementation criterion The requirement for short-term implementation (approximately two years taking into account the combined effect of sections 4 para. 2(5) and 20 of Bill 5) seems unrealistic for large-scale projects requiring comprehensive consultations and assessments. In the case of mining projects, the granting of an authorization including a mining lease must be preceded at a minimum by the approval of a preliminary version of the rehabilitation and restoration plan and the payment of a provisional financial guarantee. Despite the fact that section 46 of Bill 5 scales down requirements,13 the preparation, even of a preliminary version of such a plan, requires time and the collaboration of experts in the field to meet the expectations of the MRNF. Thoughts and outlook While it may be appealing to think it possible to reduce the time required to grant the necessary authorizations for large-scale projects that could generate major economic spinoffs for Quebec, it appears that, in terms of environmental protection, Bill 5 does little to address a key issue, namely the time it takes to prepare application files, whether for a ministerial authorization or as part of the environmental impact assessment and review procedure. Add to this the fact that, to complete these processes, additional studies are generally required, depending on the questions and requests for clarification raised during the analysis phase. Bill 5 offers no solution to the issue, which, however, is probably the most significant issue when we consider the time and energy that project proponents must devote to the file preparation phase. Conclusion: We don’t know whether proponents will see greater efficiency Bill 5 shows that the government is indeed trying to increase government efficiency and spur economic growth. However, it leaves mining project proponents hanging by immediately excluding projects located in the James Bay area and further north, and by not addressing the time it takes to prepare environmental impact assessment and review files or applications for authorization. Takeaways Does Bill 5 make it possible to avoid BAPE hearings? In a word, no. The BAPE process continues to apply to designated projects, but the public information stage is eliminated to jump directly to the hearing stage, slightly reducing the time needed to complete the process. Which mining projects will benefit most from Bill 5? Primarily projects involving critical and strategic minerals located in southern Quebec, provided that proponents can demonstrate that short-term implementation is possible (approximately two years). Why does Bill 5 not apply to James Bay and Northern Quebec? Because the separate environmental and social assessment processes (Title II, EQA) that apply to these territories were established by agreements that Bill 5 cannot unilaterally amend. Bill 5, An Act to accelerate the granting of the authorizations required to carry out priority national-scale projects: https://www.assnat.qc.ca/en/travaux-parlementaires/projets-loi/projet-loi-5-43-2.html Federal Bill C-5: https://www.parl.ca/documentviewer/en/45-1/bill/C-5/first-reading Environment Quality Act: https://www.legisquebec.gouv.qc.ca/fr/document/lc/Q-2?langCont=en Mining Act: https://www.legisquebec.gouv.qc.ca/fr/document/lc/m-13.1?langCont=en Section 46 of Bill 5 scales down requirements regarding the rehabilitation and restoration plan, providing for the granting of an authorization instead of a mining lease without such a plan having been approved—that is, if a preliminary version of such plan has been approved by the Minister of Natural Resources and Wildlife and a provisional financial guarantee has been paid. The rehabilitation and restoration plan will likely still need to be considerably advanced. A mining authorization establishes the time limits within which the rehabilitation and restoration plan must be approved and the financial guarantee paid. Natural Heritage Conservation Act: https://www.legisquebec.gouv.qc.ca/fr/document/lc/C-61.01?langCont=en Act respecting the conservation and development of wildlife: https://www.legisquebec.gouv.qc.ca/fr/document/lc/c-61.1?langCont=en James Bay and Northern Quebec Agreement: https://www.canada.ca/en/impact-assessment-agency/corporate/james-bay-northern-quebec-agreement.html Section 2 of Bill 5 refers to section 1 of the Act approving the Agreement concerning James Bay and Northern Québec, which states the following: “In this Act, unless the context indicates a different meaning, the expression “Agreement” means the Agreement reached between the Grand Council of the Crees (of Québec), the Northern Québec Inuit Association, the Government of Canada, the Société d’énergie de la Baie James (the James Bay Energy Corporation), the Société de développement de la Baie James (the Société de développement de la Baie James), the Commission hydroélectrique du Québec (the Commission hydroélectrique du Québec) and the Gouvernement du Québec, dated 11 November 1975, and the Amending Agreement dated 12 December 1975, tabled in the National Assembly, 9 June 1976, as Sessional Documents, Nos 101 and 102.” Section 2 of Bill 5 also refers to section 1 of the Act approving the Northeastern Québec Agreement, which states: “In this Act, unless the context indicates otherwise, the expression “Agreement” means the Northeastern Québec Agreement reached between the Band of Naskapis of Schefferville and its members, the Gouvernement du Québec, the Société d’énergie de la Baie James (the James Bay Energy Corporation), la Société de développement de la Baie James (the James Bay Development Corporation), the Commission hydroélectrique de Québec (the Québec Hydroelectric Commission) (Hydro-Québec), the Grand Council of the Crees (of Québec), the Northern Québec Inuit Association and the Government of Canada, dated 31 January 1978, tabled in the National Assembly on 18 April 1978, as Sessional Papers, No. 113.” Section 3 of Bill 5 Section 4 para. 2(3) of Bill 5 Schedule A of the EQA provides that “all mining developments, including the additions to, alterations or modifications of existing mining developments” are subject to the mandatory assessment and review procedure provided for in sections 153 to 167 and 187 to 204 of the EQA. Section 46 of Bill 5 provides for the approval of a preliminary version of the rehabilitation and restoration plan and the payment of a provisional financial guarantee instead of the financial guarantee established on the basis of the final version of the rehabilitation and restoration plan.

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February 2, 2026

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January 28, 2026

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January 26, 2026

Greenland’s Strategic Importance - a Mining Perspective

The United States depends heavily on rare earth elements (REEs) for both everyday products and national security. These materials are essential for items such as smartphones, electric vehicles, wind turbines, and advanced military equipment. Concerns about the security and reliability of the U.S. REE supply chain have become a major policy issue in Washington. Greenland’s geology makes it especially interesting in this context. The island contains a wide range of critical minerals and holds some of the world’s largest undeveloped rare earth deposits. In other words, many of the minerals that are crucial for modern technologies could, in principle, be sourced from Greenland. At present, more than 60% of the world’s rare earths are mined in China, and China controls over 90% of the global processing capacity. This concentration creates a strategic vulnerability for Western countries, which depend on Chinese production and processing for these key materials. Greenland, by contrast, offers significant but largely untapped potential. In addition to rare earths, it is believed to host deposits of gold, copper, nickel, iron ore, zinc, molybdenum, tungsten, titanium, and vanadium, along with graphite and diamonds. Greenland is also thought to have large reserves of oil and natural gas. While many of these minerals are currently produced in China and in several African countries, there are growing reasons to look for new sources. These include geopolitical tensions, concerns about supply disruptions, transportation costs, and the need to secure long-term access to critical resources. Despite its vast resource potential, Greenland’s mining sector is still in the early stages. Most activity remains focused on exploration and evaluation rather than large-scale production. As global demand for critical minerals continues to rise, however, Greenland is likely to draw increasing attention as a possible alternative or complementary source of supply. For mining companies and their advisors, Greenland’s resource potential highlights a broader reality: as demand for critical minerals intensifies, attention increasingly turns to jurisdictions with significant but undeveloped deposits. In such contexts, geological promise is only part of the equation. Regulatory frameworks, permitting processes, environmental and social considerations, and access to infrastructure often play an equally decisive role in determining whether and how projects advance. In many respects, these dynamics will sound familiar to industry participants operating in Canada and Quebec, where strategic minerals, evolving policy priorities, and heightened expectations around responsible development continue to shape the mining landscape. Greenland therefore offers a useful point of reflection on how global supply chain pressures can create both opportunities and complexities for mining projects. Lavery’s Mining Law Group regularly assists clients in navigating these issues and is available to help assess how such developments may translate into practical considerations for their business.

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