Mining Law
Mining law has been a mainstay of Lawson Lundell's practice for nearly 100 years. We have practised mining law extensively and have significant experience in the field. Examples of our work include: exploration and joint venture agreements in all Provinces of Canada and the Northwest Territories, Nunavut, the Yukon and throughout the world including Mexico, Suriname, Chile, Ecuador, Brazil, Turkey, Guinea, South Africa, China and elsewhere; mine operating agreements and operating joint venture agreements; mine permitting, the Environmental Assessment Act (British Columbia), the Canadian Environmental Assessment Act, the Mackenzie Valley Resource Management Act, the Nunavut Land Claims Agreement and the securing of reclamation obligations; mine development and construction documentation in Canada and other countries; project financing for mines in Canada and other countries; royalty agreements for mines in Canada and other countries; smelting and refining contracts; transportation contracts; marketing agreements including pooling agreements, sales agency agreements, metal leases and metal exchange agreements; mine closure; purchase and sale of operating mines and production royalties; diligence enquiries in respect of mineral properties and mine assets and mining related agreements; planning for compliance with environmental protection legislation; negotiating with Aboriginals for the basis of their participation in natural resource projects; mining litigation; and claims for recovery of remediation costs from general liability insurers. We monitor developments in legislation and government policy which affect the mining industry and endeavour to keep our clients well informed. We have experience working with precious and base metals, diamonds, industrial minerals, asbestos, slag, coal (and methane gas), uranium and strategic minerals such as germanium. In the recent past we have worked extensively on the following projects: the search for diamonds in the Northwest Territories, Nunavut, Alberta, Saskatchewan and Ontario. This has entailed the assembly of several million acres under option and joint venture agreements and has required innovation in several respects because of the peculiarities in the way in which diamonds are found, mined and sold. In particular, definitions of diamond royalties and diamond sales agency arrangements had to be created; negotiation of impact benefit agreements with Aboriginal Groups in the Northwest Territories and Nunavut; the development, permitting and construction of a diamond mine in the Northwest Territories; the development and permitting of two gold mines in Nunavut; closure of a mine in Nunavut; the acquisition of an operating coal mine in British Columbia; the creation of the Fording Coal Partnership, now called Elk Valley Coal — one of the largest commercial transactions in Canada in 2003; negotiation of an indemnity agreement for release from liability for transferors of contaminated mine sites; the acquisition of a public company with gold operations in Argentina; financing several junior mining companies; the purchase of a gold mine in the Northwest Territories including the “due diligence” review of its environmental liabilities; a bid to acquire a copper mine in Quebec; the proposal to construct a copper smelter in British Columbia; the permitting of a new gold mine in British Columbia; due diligence with respect to a base metal deposit in Labrador and a gold deposit in the Yukon, including permitting requirements and Native land claims; due diligence with respect to diamond projects in South Africa, including permitting requirements and currency exchange controls; an operating joint venture with Kazakstan; successfully appealing the property tax assessments of several mines; mining venture agreements in Mexico, Chile, Peru, Brazil, Turkey, Guinea and Ecuador; the development of a new coal mine in B.C.; title work involving the ownership of coalbed methane gas; the merger of public companies with a zinc development in Portugal; and the acquisition of a public company with gold operations in Africa. View a listing of team members in this practice area. For more information contact Chris Baldwin at 604.631.9151 or cbaldwin@lawsonlundell.com. Resources: Mining Law Update - Winter 2008 Dealing With Mining Legacy - Some Canadian Approaches - April 16, 2007