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mining
McMillan has been providing legal advice to the Canadian and international mining and natural resource industry since the late 1920s. We have played a key role as Canadian companies have become world leaders in mining activity and financing, and we have extensive experience in mineral industry issues through all stages of exploration, development and production (including the purchase and sale of mines and mineral products) and related environment issues (including mine closure). We act on behalf of a wide range of public and private companies, including junior exploration companies, intermediate and senior producers, financial institutions and investment dealers involved in financing production and exploration.
Our work goes far beyond the traditional preparation of options and lease agreements to encompass all facets of mining law, from the contract for initial reconnaissance and negotiations with First Nations to complex international joint ventures, corporate finance, project finance and mergers & acquisitions. Our overriding philosophy is to provide clients with practical solutions and optimum results that reflect the legal, political, socio-economic, tax, administrative and regulatory issues (including environmental and reclamation concerns) affecting the mining industry.
The close cooperation among the members of our firm's banking, corporate, securities, government relations, litigation and tax practices allows us to offer comprehensive business strategies that effectively deal with the industry's rapid pace of change. We represent the interests of our mining clients by speaking the language of, and regularly cooperating with, the full range of industry players: producers, juniors, explorers, industrials, engineers, geologists, prospectors, First Nations, foreign governments, regulators, stock exchanges, domestic governments and professional advisors.
Our work with mining companies includes:
Business Counseling
Our lawyers work in partnership with mining industry companies on all their contractual, corporate disclosure and dispute resolution needs.
Exploration and Joint Ventures
We have advised on exploration and joint venture arrangements in numerous countries, including Canada, the United States, Mexico, Cuba, Iceland, Greenland, Chile, Australia, Burkina Faso, Mali, Ghana, Ivory Coast, Zambia, Zimbabwe, Ghana, Eritrea, South Africa, Peru, Colombia, Chile, Kazakhstan, Sweden, Spain, Turkey and China. In addition to documenting and structuring joint venture arrangements, we help clients resolve disputes with venture partners. We also act for a major international mining company that is partnering with numerous junior resource issuers in multiple jurisdictions.
Financing
As a leading project finance, corporate finance and securities firm, McMillan advises mining companies of all sizes on their capital markets needs, including public and private offerings of debt and equity securities. We also act for one of North America's most active exploration groups, which administers approximately ten public mining companies, raises $20 to $50 million per year, and has operations worldwide. Our lawyers are regularly involved in innovative financing techniques, including pioneering work in the area of international project financing and structured financing. We act for a public financier of first resort to emerging resource companies, particularly in the mining sector through limited partnership and private placements. We also pioneered the first offering by a Canadian issuer under the Multijurisdictional Disclosure System.
Mergers, Acquisitions and Asset Purchases
We regularly assist mining and natural resources companies with mergers, acquisitions, amalgamations, asset purchases and divestitures.
Industry Policy
We often act in an advisory capacity to industry organizations such as the Association for Mineral Exploration British Columbia and the Mining Association of British Columbia. In that capacity, we offer proactive advice on matters involving government policy, proposed and existing legislation, regulations and processes.
Environmental
Our environmental law practitioners have a range and depth of experience which compliment our mining practice. They are knowledgeable in all aspects of the reclamation and sustainable development processes, as well as the developing areas of water law, emissions trading and climate change. Our lawyers help clients obtain appropriate environmental permits and approvals at the provincial and federal levels for mining projects, and regularly represent companies in proceedings under the Canadian Environmental Protection Act and the provincial Waste Management Act.
Other Mining Related Areas
In addition to the areas of expertise above, we also have extensive experience in negotiating with First Nations in Canada, which provides our clients with added value when acquiring properties and permitting development projects. We have one of the leading international arbitration teams in Canada, which is ranked with the largest global firms in the list of top 100 firms compiled by Global Arbitration Review. Unlike many law firms, our focus is on mining disputes – either under international joint venture contracts or under international investment protection treaties.
Other areas of expertise that we provide to our mining clients include tax planning, metal streaming and other forward sales transactions, mine equipment manufacturing agreements and mine construction agreements.
Representative Work or Recent Representative Transactions
- Acted for numerous mineral resource companies in connection with equity financings by way of prospectus, both within Canada and Canada-US including Great Basin Gold, Farallon Resources, Keegan Resources and Taseko Mines Limited
- Acted for Teck Resources Limited in a wide range of transactions, including its private placement offering in the U.S. and Canada of US$4.225 billion in aggregate principal amount of senior secured notes, the sale of its 50% interest in the Hemlo Mines to Barrick Gold Corporation, the sale of the Morelos Gold Project to Gleichen Resources Ltd., as well as multiple tender offers and related senior note financings
- Acted for Nevada Sunrise Gold Corp. with its IPO and listing on the TSX-V
- Acted for Citigroup in connection with the dual listing of a TSX listed mining company on the Main Board of the HKSE.
- Acted for Eastern Platinum Limited in its $347.5 million public offering of common shares by way of short form prospectus
- Acted for the underwriters in China Gold International Resources Corp. Ltd.'s US$309 million public offering of common shares, a listing of China Gold's common shares on the HKSE and its US$742.3 million acquisition of Skyland Mining Limited, which owns the Jiama polymetallic mining property in Tibet
- Acted for Batero Gold Corp. in its successful acquisition of a gold property in Columbia
- Acted for Detour Gold Corporation in its $289.9 million bought deal public offering of common shares, and its private placement offering of US$500 million in senior unsecured notes
- Acted as counsel to the underwriters in bought deal financings of $149.5 million and $402 million for Osisko Mining Corporation
- Acted for Primero Mining Corp., a Canadian-based TSX listed precious metals producer with operations in Mexico, in its US$510 million acquisition of the San Dimas gold-silver mine and associated assets, located in Mexico's San Dimas district
- Acted for Tahoe Resources Inc. in its $351.0 million bought deal public offering of common shares
- Acted for Antofagasta Minerals S.A. of Chile, in numerous joint venture transactions around the world, including a US$227 million joint venture transaction with Duluth Metals Limited involving a copper-nickel-PGM project in Minnesota, USA and a strategic alliance with Eurasian Minerals Inc., in Sweden
- Acted for Terrane Metals Corp. in its $700 million acquisition by Thompson Creek Metals Company Inc.
Publications / Presentations
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Darrell W. Podowski
604.691.6857
Hellen L. Siwanowicz
416.307.4032
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