British Columbia unveils mining claims framework, First Nations call it a step back

British Columbia has introduced a new framework requiring consultation with First Nations before registering mining claims.

The decision marks a shift from the previous practice, where consultation occurred during the exploration permitting phase, and follows a 2023 BC Supreme Court ruling in Gitxaała v. British Columbia, which established that First Nations must be consulted at the time of claim staking.

Under the new system, individuals holding a Free Miner Certificate can apply for a mineral or placer claim through the Mineral Titles Online (MTO) system. Application fees remain unchanged.

Once an application is submitted, provincial staff will consult with First Nations. The chief gold commissioner will then determine whether the duty to consult has been met and whether the claim should be registered, registered with accommodations, or denied.

In 2024, British Columbia registered 5,048 mineral claims and 1,635 placer claims. The province says all pre-existing claims will remain valid.

First Nations criticize new framework

Following the announcement, BC Assembly of First Nations Regional Chief Terry Teegee criticized the changes, stating they “do not come close” to aligning with the collaborative approach outlined in the province’s Indigenous rights law.

In an op-ed published in the Vancouver Sun, Teegee argued that BC’s law adopting the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) reflects a “duty to consent,” which goes beyond the duty to consult. He called the new mineral framework “a step backward.”

According to Teegee, the changes prevent companies from registering large swaths of land for mineral exploration without First Nations’ awareness, requiring them to notify Indigenous communities and await responses. He warned, however, that this shift could overwhelm First Nations offices, which often face staffing and capacity challenges.

“The framework risks perpetuating business-as-usual practices that exclude First Nations from critical decision-making processes,” he wrote.