Mineral Claims Consultation Framework (MCCF) in British Columbia
On January 7, 2024 the Ministry of Mining and Critical Minerals (“Ministry”) released a draft Mineral Claim Consultation Framework. The draft framework sets out a new process for staking mineral claims in British Columbia and is being implemented in response to the 2023 BC Supreme Court ruling in Gitxaala v British Columbia (Chief Gold Commissioner) (Gitxaala). Gitxaala requires the province of BC to restructure its current mineral tenure regime to enable consultation prior to registration. An overview of the Gitxaala decision can be read in our 2024 Mining in the Courts Year in Review publication.
In March 2024, the British Columbia government launched a stakeholder consultation process aimed at potential reforms to the Mineral Tenure Act (“MTA”).
What is changing?
As provided in the draft framework, the claim registration process will no longer be an automatic process. Instead of selecting cells and making a payment to automatically register a claim in the Mineral Titles Online registry, an application will now be required. The draft framework provides for a three-step, approximately 90-120 days process from application to decision. Currently, no information about whether or how this timeline may be paused is available.
- Review Process (1-31 days): Once an application is submitted, the Ministry has 1-31 days to review and develop a consultation package. The Ministry plans to batch applications monthly by applicant and territory.
- Initial Response from First Nations (30 days): The First Nation will have 30 days to provide its initial response to the consultation packages and, if a response is received, the Ministry will work with the Nation to identify interests, impacts and accommodations.
- Accommodation& Decision (36-60 days): The parties will have 30-60 days to develop accommodation measures. The Ministry will then develop a decision package and determine whether to approve, approve with accommodation measures, or deny the application.
What is staying the same?:
- Claim holders can maintain their registered mineral and placer claims; and
- Claim holders can continue to conduct activities on registered claims that do not require a Mines Act
What this means?
The Ministry has until March 26, 2025 to ensure a framework is in place and is currently accepting feedback on the draft framework. It has indicated that it is working on various methods to streamline the process for industry and First Nations.
The draft framework proposes a process that will create additional work for all parties. Various First Nations groups have issued public feedback on the draft framework, critiquing the draft as a bare interpretation of the Ministry’s duty to consult and accommodate and as a process which will inundate First Nations with referrals to be responded to on short timelines without adequate capacity funding. Under the draft framework, prospectors would also need to allocate more time and resources at the beginning of mining exploration, a step which has historically required minimal to no engagement.
While the final framework must be in place by March, the Ministry anticipates future improvements to the consultation process after initial implementation. We also expect the implementation of the framework to be followed by an update to the MTA.