Frank Mariage Partner FASKEN
What has been the industry’s response to Bill 63’s amendments to Québec’s Mining Act?
Bill 63 has received a mixed reception. On one hand, it makes it more difficult for speculators to stake claims without intent or ability to develop them, providing impulse to explore. The industry is not averse to that aspect. It also made all projects subject to environmental hearings – this was also well received, thanks to the industry’s commitment to transparency. On the other hand, increases to reporting requirements have been seen as another added burden.
Bill 63’s adding of extra burdens for juniors, when they are already struggling to fund their activities, has not been well received. What is your view on permitting timelines in Québec?
In Québec, discussions around streamlining have remained largely unchanged for over a decade. This calls for a national conversation – and political courage. Canada has spent more than 50 years building its regulatory framework, with good intentions, and the result has been vastly improved industry standards. We do not want to compromise those world-leading practices, but we must find ways to bring projects to fruition more quickly. How is Fasken going to continue growing its global mining practice?
While Fasken may not be one of the world’s largest law firms, we remain competitive thanks to a deep-rooted tradition of mining expertise. Our mining group includes over 150 practitioners worldwide – from London to Johannesburg and all across Canada – supported by a strong network of local collaborators throughout Latin America, Africa and Asia. We pair our legal expertise in mining with real on-the-ground experience. Looking ahead, we are actively exploring opportunities to expand into new regions, such as the Middle East. At the same time, Québec continues to stand out as an exceptional mining jurisdiction, blessed with abundant natural resources – an opportunity we must make the most of.
Dominique Amyot-Bilodeau Partner MCCARTHY TÉTRAULT
What are your thoughts on Québec’s Mining Act amendments?
Bill 63 marks Québec’s most significant mining reform in a decade. Positive changes brought forward by this Bill include discouraging mining speculation, reinforcing minimum work commitments, and mandating environmental assessments for all new mining projects, regardless of size. These steps promote credibility and transparency of the permitting regime and should increase social acceptability of the industry. However, the law also introduces added political uncertainty for developers, for instance by granting new discretionary powers to the Minister of Natural Resources, allowing it to limit or revoke mining rights based on social concerns or land use conflicts.
Additionally, Bill 63 reduces land available for mining exploration, particularly near urban perimeters or private lands. What does Gold Fields’ acquisition of Osisko Mining say about Québec’s mining investment environment?
The decision to make such a large investment in a project that is still at the advanced exploration and permitting stage confirms that Québec is considered as a credible and stable jurisdiction internationally. However, this also brings high expectations and Québec’s protracted permitting timelines are increasingly becoming a concern for investors. Given the cyclical nature of commodities, it is essential that projects can be developed efficiently. What are your expectations for the rest of 2025 and into 2026?
The mining industry remains active, with several projects being developed at an accelerated pace. The lithium sector is also poised for increased M&A and consolidation amid depressed prices. Broader economic uncertainty, particularly spurred by US policy movements, will continue to influence Canadian industry.