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What is Mining?

Best Mining lawyers in Canada as ranked by Lexpert

Mining lawyers, in the Canadian context, are generally understood to work on all legal issues relating to the mineral exploration, development, production and reclamation cycle, that is to say, from raw grass roots exploration through to the fabrication and ultimate sale of finished metal product, as well as mine closure and reclamation.

 

They deal with such items as exploration and development agreements, joint ventures, syndicates and royalty agreements; mining taxation; project financing, structured financing, capital markets financing and the corporate and technical due diligence relating thereto; related infrastructure development and financing; engineering and service contracts; processing and refining contracts as well as metal sales contracts; intellectual property issues relating to mineral and mining technologies; mining commissioner and severance disputes; mineral policy and mineral strategy issues; and related socio-economic and environmental issues. It can be said to include the extractive sectors.

 

Please note that the lexpert directory has separate practice areas for:

  • Environmental lawyers
  • Energy lawyers for oil and gas

 

Mining in Canada

The mining industry is governed by numerous regulations designed to ensure fair benefits among all stakeholders, to preserve the environment, and to balance the safety and health of citizens. These regulations already attach during preparatory period (permitting and licensing of mining entities), up to the actual mining operations, mineral-processing stage, sale of these minerals, and even in times of rehabilitation and restoration when social and environmental damages are done.

 

It is the main task of a mining lawyer to assist mining companies or operators in providing legal aid during these processes. A mining lawyer commences their legal work with the licencing and acquisition of various permits, who may have deal with different laws and regulations, since each province and territory have different administrative licencing procedures.

 

Next are the laws and regulations regarding operations, which may include policies that has to be set-up, infrastructure standards that must be followed, and the continuous compliance of said licences and permits at this stage.

 

Which regulators do mining lawyers need to know in Canada?

The mining industry in Canada is generally governed and regulated by both the federal government and the provincial governments, with specific jurisdictions accorded to each. It can be said that the laws on mining in Canada depend on two things:

  1. the mining operation’s location (which will identify which jurisdiction will it fall under);
  2. and secondly, the mining operation’s specific mineral to be harvested (which will have its own regulations as to its mining, handling, transportation, etc.).

 

This means that a local mining lawyer is much preferred since each province has different applicable mining laws.

 

Federal regulation of mining

While most of the regulations on the mining industry are given to the provincial and territorial governments, some pieces of federal legislation grant the federal government specific jurisdiction for some transactions or processes with regards to mining. Some of these legislations are:

  • Explosives Act and Explosives Regulations 2013
  • Export and Import of Rough Diamonds Act
  • Extractive Sector Transparency Measures Act

 

In addition, mining activities on federal lands and in offshore areas are regulated at the federal level. Similarly, mining activities of federal Crown corporations are also regulated by the federal government.

 

Other federal laws which may affect mining operations in Canada are (1) environmental laws, (2) health and safety regulations, and (3) laws protecting the rights of Aboriginals and Indigenous Peoples. Each province and territory also have its own regulations regarding these areas that may overlap with federal legislations. As such, a mining lawyer does not only focus on mining laws, but also with the other areas of law affecting the mining industry.

 

(1) Environmental laws

The Impact Assessment Act mandates that major projects that are carried out on federal lands should undergo an impact assessment to determine any positive and negative impacts of these projects on the environment, including its effects on the health of citizens who may be directly and indirectly affected.

 

The Act also has a touchpoint with the laws on Indigenous Peoples as it also aims to assess the specific impacts of these projects to the rights of the Indigenous Peoples. Among the regulated projects that needs an impact assessment are mining projects, among others.

 

(2) Health and safety laws

Certain health and safety laws may also apply before a mining operation can start, until its operation itself. While health and safety laws may still fall under the governance of provincial laws, federal laws on health, such as Government Employees Compensation Act, will apply when the mining project or operation is under federal jurisdiction.

 

(3) Aboriginal and Indigenous Peoples laws

The Indigenous Peoples are protected by Canadian laws, through the Constitution Act, 1982 itself and by federal and provincial legislations. As regards mining operations, Indigenous lands are duly protected from invalid intrusions based on treaty rights, except when these mining operations are granted consent by the Indigenous Peoples who currently owns said rights.

 

In addition, licences and concessions may only be awarded to applicants (i.e., mining companies) when there have been prior consultations and accommodations with the affected Indigenous Peoples who will be greatly affected by a proposed mining operation or project.

 

Provincial regulation of mining

Under the primary jurisdiction of the provinces and territories of Canada are the exploration, development, and extraction of mineral resources. This power stems from the provincial and the territorial control of public lands, minerals, and natural resources. Here, a mining company, with the assistance of a mining lawyer, must coordinate with the respective provincial and territorial government for its permission of the said exploration, development, and extraction. Additionally, the construction, management, reclamation, and closure of mining sites are also within the jurisdiction of these provincial and territorial governments.

 

An exception of this provincial or territorial mining jurisdiction are the territories of Nunavut and some areas of the Northwest Territories. For these two areas, public lands and natural resources are regulated by the federal government.

 

It is also worthy to note that each province and territory have its own mining legislation which may have its similarities and differences among each other. Therefore, the services of a mining lawyer must be sought to clarify and interpret these legislations.

 

Do you pay taxes on mining in Canada?

There are different taxes imposed on the mining industry in Canada. As such, the practice of a mining lawyer may also include taxation laws to help mining companies with the computations on their taxes.

 

Subject to the provisions of the Income Tax Act, all businesses operating in Canada are levied with incomes taxes and this includes mining operations. Moreover, the income tax that mining operators need to pay are not only imposed by the federal government, but also by the provincial government as well. Separate from the income tax is the mining tax that are also dependent on the provincial mining law where the mining operations are situated.

 

A mining company must also be mindful of the federal goods and services tax (GST) under the Canada Revenue Agency (CRA) regulations, and/or the harmonized sales tax (HST) which may vary in each province.

 

Scroll below to find the Lexpert Ranked list of the best mining lawyers in Canada for any concerns regarding the laws and regulations imposed on Canada’s mining industry.

British Columbia

Vancouver Leading Firms
Most Frequently Recommended
Blake, Cassels & Graydon LLP
Cassels Brock & Blackwell LLP
Fasken Martineau DuMoulin LLP
Lawson Lundell LLP
McCarthy Tétrault LLP
Consistently Recommended
Bennett Jones LLP
Borden Ladner Gervais LLP (BLG)
Dentons Canada LLP
DLA Piper (Canada) LLP
DuMoulin Black LLP
FARRIS
McMillan LLP
Osler, Hoskin & Harcourt LLP
Stikeman Elliott LLP
Repeatedly Recommended
Clark Wilson LLP
Gowling WLG
Vancouver Leading Practitioners
Most Frequently Recommended
Khaled S. Abdel-Barr
Vancouver, British Columbia
Lawson Lundell LLP
Cameron Belsher
Vancouver, British Columbia
McCarthy Tétrault LLP
Gordon R. Chambers
Vancouver, British Columbia
Cassels Brock & Blackwell LLP
Johanna Fipke
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Alan J. Hutchison
Vancouver, British Columbia
Osler, Hoskin & Harcourt LLP
Fred R. Pletcher
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Roger R. Taplin
Vancouver, British Columbia
McCarthy Tétrault LLP
Jennifer Traub
Vancouver, British Columbia
Cassels Brock & Blackwell LLP
Bob J. Wooder
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Consistently Recommended
Stuart D. Breen
Vancouver, British Columbia
Lawson Lundell LLP
David Budd
Vancouver, British Columbia
Cassels Brock & Blackwell LLP
Joanna Cameron
Vancouver, British Columbia
Osler, Hoskin & Harcourt LLP
Shawn Doyle
Vancouver, British Columbia
McCarthy Tétrault LLP
David Gunasekera
Vancouver, British Columbia
DuMoulin Black LLP
Jen Hansen
Vancouver, British Columbia
Cassels Brock & Blackwell LLP
Georald Ingborg
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Kathleen P. Keilty
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Karen L. MacMillan
Vancouver, British Columbia
Lawson Lundell LLP
Graeme D. Martindale
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
Neville J. McClure
Vancouver, British Columbia
Stikeman Elliott LLP
Steven R. McKoen
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Denise Nawata
Vancouver, British Columbia
FARRIS
Kevin O'Callaghan
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Darrell W. Podowski
Vancouver, British Columbia
Cassels Brock & Blackwell LLP
David Redford
Vancouver, British Columbia
Cassels Brock & Blackwell LLP
David R. Reid
Vancouver, British Columbia
DLA Piper (Canada) LLP
Jason T. Sutherland
Vancouver, British Columbia
DuMoulin Black LLP
Susan Tomaine
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Repeatedly Recommended
Samuel W.C. Adkins
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
David S. Allman
Vancouver, British Columbia
Edwards, Kenny & Bray LLP
Kimberly E. Burns
Vancouver, British Columbia
Dentons Canada LLP
Ruby Chan
Vancouver, British Columbia
DLA Piper (Canada) LLP
Donald R. Collie
Vancouver, British Columbia
DLA Piper (Canada) LLP
Patrick Deutscher
Vancouver, British Columbia
McCarthy Tétrault LLP
Ron Ezekiel
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Andrew J. Gabrielson
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Christian P. Gauthier
Vancouver, British Columbia
Bennett Jones LLP
Deepak S. Gill
Vancouver, British Columbia
Borden Ladner Gervais LLP (BLG)
David M. Hunter
Vancouver, British Columbia
Dentons Canada LLP
Thomas Isaac
Vancouver, British Columbia
Cassels Brock & Blackwell LLP
Brett A. Kagetsu
Vancouver, British Columbia
Gowling WLG
Jamie Kariya
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Cory H. Kent
Vancouver, British Columbia
McMillan LLP
Cyndi D. Laval
Vancouver, British Columbia
Gowling WLG
Robin Longe
Vancouver, British Columbia
Dentons Canada LLP
Alan Monk
Vancouver, British Columbia
DLA Piper (Canada) LLP
Ronald G. Murray
Vancouver, British Columbia
FARRIS
Jennifer L. Poirier
Vancouver, British Columbia
DLA Piper (Canada) LLP
Trisha L. Robertson
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Sharon G.K. Singh
Vancouver, British Columbia
McMillan LLP
Gary R. Sollis
Vancouver, British Columbia
Dentons Canada LLP
H. Jay Sujir
Vancouver, British Columbia
FARRIS
Bernhard J. Zinkhofer
Vancouver, British Columbia
McMillan LLP
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