Mining

Canada, and Atlantic Canada in particular, has a thriving mining industry. Exploration activity is at an all-time high and will only grow as our country and region embrace a renewed focus on this important industry. Companies looking to take advantage of this mandate will need to move quickly and successfully through the mining cycle. Experienced legal counsel are vital to ensure efficient compliance with local laws and permitting processes. Perhaps even more important are the longstanding relationships experienced legal counsel can provide when dealing with regulators, First Nations, Inuit and other Indigenous groups and local stakeholders.

Stewart McKelvey’s Mining Group can provide such invaluable experience and knowledge. Our Firm has long represented prospectors and major and junior mining industry clients throughout the entire cycle: early exploration, permitting, development, production, and reclamation. With representation from lawyers and advisors from across the region, we are well positioned to support clients with the best advice and counsel.
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Our experience

Property title – we assist clients in securing and maintaining mineral title including, where applicable, response to government requests for proposals on previously withdrawn areas. We also assist clients in identifying and obtaining surface title rights required for exploration and ultimate development.
Specialized mining commercial work – we assist clients with drafting and negotiating option joint venture, royalty and off-take agreements and we assist transactional and regulatory title opinions on mineral properties.
Stakeholder engagement – we assist clients in identifying and connecting with important stakeholders such as provincial and municipal governments, local land owners, NGOs, recreational associations, and academics.
Permitting – our lawyers and advisors are experienced in all aspects of applying for and complying with all municipal, Provincial, and Federal permitting required for each phase of the mining cycle.
Environmental assessment – we advise and assist mine project proponents as to registration and environmental assessment requirements under Provincial legislation and the Federal Impact Assessment Act.
Indigenous rightsholders consultation – we assist clients with the unique consultation and engagement requirements throughout the region by applying not just legal aspects of the duty to consult, benefit agreements, and transactional joint ventures, but also by relying on our knowledge of values and priorities of Indigenous peoples in close proximity to projects.
Equity raises – we act for mining issuers and agents/underwriters in all manner of public and private financings including IPOs, primary and secondary offerings, and private placements of debt and equity securities. We provide advice to a variety of public companies with respect to continuous disclosure obligations, including NI 43-101 compliance, and other regulatory compliance matters.
Project financing – we represent both mining companies and lenders with traditional debt and stream/royalty financings.
Construction – we assist clients with contractual documents related to mine construction, including tendering and procurement, construction contract drafting and negotiation.
Operations – we provide our clients with advice related to site operations including supplier contracts, service provider and consultant contracts, labour and employment (union and non-union) matters, and safety. We also assist our clients with closure of operations including reclamation and orderly surrender of permitting and surface rights.
Dispute Resolution and Litigation – our lawyers represent clients in mediation and litigation with commercial parties, land owners, Indigenous groups, and regulators, before Provincial adjudication tribunals and all levels of court.

Demonstrated experience

Working with clients focused on a wide array of commodities, including rare earth elements, critical minerals, precious minerals, base metals, and commodities often designated as non-minerals such as salt and gypsum.
Assisting with the development of open pit and underground mines
Completing mineral title due diligence and acting as part of a team advising mining companies, prospectors, and lenders in respect of various mining transactions
Advising lenders and mining companies in finance transactions

Industry involvement

Mining Association of Newfoundland and Labrador – member and board seat.
Mining Association of Nova Scotia – member
Nova Scotia Mining Society – member
Nova Scotia Round Table on Environmental and Sustainable Prosperity – table member
Halifax Chamber of Commerce – member and board member
Canadian Institute of Mining – member and committee members
PDAC – member

Strategic advice

Our clients do not retain us for our legal advice only. The relationships, experience, and resources our lawyers and advisors provide to our clients has proven time and again to be invaluable in obtaining social license and regulator support.

Strategic advisors