Lexpert
Lexpert
  • SPECIAL EDITIONS
    • Energy and Mining
    • Finance
    • Infrastructure
    • Litigation
    • Technology
    • Insolvency and Restructuring
    • Mergers and Acquisitions
  • RANKINGS
    • Lawyers
    • Firms
    • Lexpert 500 Cross Border
    • Who's Who
    • Methodology
  • LARGEST FIRMS
    • Toronto
    • Montreal
    • Ottawa
    • Vancouver
    • Calgary and Edmonton
    • Regina & Saskatoon
    • Winnipeg
    • Halifax
    • Atlantic Canada
  • NEWS
    • Legal Insights
    • Features
    • Cross Border
    • In House Lawyer
    • Big Deals
    • Premium
    • Lexpert TV
  • AWARDS
    • Lexpert Rising Stars
    • Canadian Law Awards
  • DIGITAL EDITIONS
  • Lawyers
  • Firms
  • Rankings
  • Largest
  • Who's Who
Digital Shellcharts
Canadian Legal Talent
Methodology
Category Definitions
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.

Ontario

Toronto Leading Firms
Most Frequently Recommended
Bennett Jones LLP
Blake, Cassels & Graydon LLP
Cassels Brock & Blackwell LLP
Davies Ward Phillips & Vineberg LLP
Fasken Martineau DuMoulin LLP
McCarthy Tétrault LLP
Stikeman Elliott LLP
Consistently Recommended
Borden Ladner Gervais LLP (BLG)
Dentons Canada LLP
Goodmans LLP
Norton Rose Fulbright Canada LLP
Osler, Hoskin & Harcourt LLP
Torys LLP
Wildeboer Dellelce LLP
Repeatedly Recommended
DLA Piper (Canada) LLP
Gowling WLG
McMillan LLP
Toronto Leading Practitioners
Most Frequently Recommended
Chad Accursi
Toronto, Ontario
Cassels Brock & Blackwell LLP
Eva Bellissimo
Toronto, Ontario
McCarthy Tétrault LLP
Mark T. Bennett
Toronto, Ontario
Cassels Brock & Blackwell LLP
Michael J. Bourassa
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Nancy Choi
Toronto, Ontario
McCarthy Tétrault LLP
Jay Goldman
Toronto, Ontario
Cassels Brock & Blackwell LLP
Erik Goldsilver
Toronto, Ontario
Gowling WLG
Brian Graves
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Ivan Grbesic
Toronto, Ontario
Stikeman Elliott LLP
Sander Grieve
Toronto, Ontario
Bennett Jones LLP
Jay C. Kellerman
Toronto, Ontario
Stikeman Elliott LLP
Michael T. Pickersgill
Toronto, Ontario
Torys LLP
Shea T. Small
Toronto, Ontario
McCarthy Tétrault LLP
John S.M. Turner
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Consistently Recommended
Abbas Ali Khan
Toronto, Ontario
Bennett Jones LLP
Michael D. Amm
Toronto, Ontario
Torys LLP
Geoffrey S. Belsher
Toronto, Ontario
Blake, Cassels & Graydon LLP
Steven D. Bennett
Toronto, Ontario
Stikeman Elliott LLP
André Boivin
Toronto, Ontario
Cassels Brock & Blackwell LLP
Myroslav Chwaluk
Toronto, Ontario
Fasken Martineau DuMoulin LLP
James Clare
Toronto, Ontario
Bennett Jones LLP
Lindsay A. Clements
Toronto, Ontario
Cassels Brock & Blackwell LLP
Georges Dubé
Toronto, Ontario
McMillan LLP
Nancy Eastman
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Andrea FitzGerald
Toronto, Ontario
Cassels Brock & Blackwell LLP
Paul Fornazzari
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Richard Fridman
Toronto, Ontario
Davies Ward Phillips & Vineberg LLP
Jay King
Toronto, Ontario
Cassels Brock & Blackwell LLP
Christopher W. Langdon
Toronto, Ontario
McCarthy Tétrault LLP
Robert K. Mason
Toronto, Ontario
Mason Law
Neill I. May
Toronto, Ontario
Goodmans LLP
Cathy L. Mercer
Toronto, Ontario
Cassels Brock & Blackwell LLP
Ali J. Naushahi
Toronto, Ontario
Bennett Jones LLP
Patricia L. Olasker
Toronto, Ontario
Davies Ward Phillips & Vineberg LLP
Michael Partridge
Toronto, Ontario
Goodmans LLP
Alexander Pizale
Toronto, Ontario
Cassels Brock & Blackwell LLP
Jeffrey P. Roy
Toronto, Ontario
Cassels Brock & Blackwell LLP
Melanie A. Shishler
Toronto, Ontario
Davies Ward Phillips & Vineberg LLP
Paul M. Stein
Toronto, Ontario
Cassels Brock & Blackwell LLP
France M. Tenaille
Toronto, Ontario
Gowling WLG
John W. Torrey
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Krisztián Tóth
Toronto, Ontario
Fasken Martineau DuMoulin LLP
John Wilkin
Toronto, Ontario
Blake, Cassels & Graydon LLP
Repeatedly Recommended
Gesta A. Abols
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Aaron Atkinson
Toronto, Ontario
Davies Ward Phillips & Vineberg LLP
Donald G. Belovich
Toronto, Ontario
Stikeman Elliott LLP
Daniel Bornstein
Toronto, Ontario
McCarthy Tétrault LLP
William J. Braithwaite
Toronto, Ontario
Stikeman Elliott LLP
Colin Burn
Toronto, Ontario
Stikeman Elliott LLP
John J. Ciardullo
Toronto, Ontario
Stikeman Elliott LLP
Perry N. Dellelce
Toronto, Ontario
Wildeboer Dellelce LLP
Mike Devereux
Toronto, Ontario
Stikeman Elliott LLP
Carmen L. Diges
Toronto, Ontario
REVlaw (Diges Professional Corporation)
Andrew N. Disipio
Toronto, Ontario
Bennett Jones LLP
Robert W. Eberschlag
Toronto, Ontario
WeirFoulds LLP
Alexandru Farcas
Toronto, Ontario
Dentons Canada LLP
Simon A. Finch
Toronto, Ontario
Blake, Cassels & Graydon LLP
Robert Fonn
Toronto, Ontario
DLA Piper (Canada) LLP
Jeremy D. Fraiberg
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
David Gardos
Toronto, Ontario
Cassels Brock & Blackwell LLP
Claire Gowdy
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Charles L.K. Higgins
Toronto, Ontario
Pilot Law LLP
Shaun Khullar
Toronto, Ontario
McCarthy Tétrault LLP
Claire Lehan
Toronto, Ontario
McCarthy Tétrault LLP
Amanda Linett
Toronto, Ontario
Stikeman Elliott LLP
Jeffrey R. Lloyd
Toronto, Ontario
Blake, Cassels & Graydon LLP
Jennifer F. Longhurst
Toronto, Ontario
McCarthy Tétrault LLP
Kari MacKay
Toronto, Ontario
Goodmans LLP
Vaughn R. MacLellan
Toronto, Ontario
DLA Piper (Canada) LLP
Grant E. McGlaughlin
Toronto, Ontario
Fasken Martineau DuMoulin LLP
James G. McVicar
Toronto, Ontario
Peterson McVicar LLP
Michael N. Melanson
Toronto, Ontario
Bennett Jones LLP
Linda E. Misetich Dann
Toronto, Ontario
Bennett Jones LLP
J. Alexander Moore
Toronto, Ontario
Blake, Cassels & Graydon LLP
Alex Nikolic
Toronto, Ontario
Fasken Martineau DuMoulin LLP
D'Arcy Nordick
Toronto, Ontario
Stikeman Elliott LLP
Zahra Nurmohamed
Toronto, Ontario
Cassels Brock & Blackwell LLP
Carla Potter
Toronto, Ontario
Cassels Brock & Blackwell LLP
John M. Sabetti
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Michael Sabusco
Toronto, Ontario
Sotos LLP
Philippe Tardif
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
Jennifer Wasylyk
Toronto, Ontario
Cassels Brock & Blackwell LLP
Ora Wexler
Toronto, Ontario
Dentons Canada LLP
Ottawa Leading Firms
Consistently Recommended
Fasken Martineau DuMoulin LLP
Repeatedly Recommended
Norton Rose Fulbright Canada LLP
Ottawa Leading Practitioners
Consistently Recommended
Alison Babbitt
Ottawa, Ontario
Norton Rose Fulbright Canada LLP
Repeatedly Recommended
Virginia K. Schweitzer
Ottawa, Ontario
Fasken Martineau DuMoulin LLP
  • PRIVACY
  • COOKIE POLICY
  • CONSENT PREFERENCES
  • TERMS OF USE
  • TERMS & CONDITIONS
  • ABOUT US
  • METHODOLOGY
  • TEAM
  • ADVERTISE WITH US
  • CONTACT US
  • SITEMAP
  • SUBSCRIBE
  • NEWSLETTER
  • DIGITAL EDITION
  • AUTHORS
  • EXTERNAL CONTRIBUTORS
  • TOP LAWYERS
  • LEGAL FAQ
  • PREMIUM
Lexpert Twitter
Copyright © 2025 KM Business Information Canada Ltd.