New Framework Introduced For First Nations Consultation On Mining Claims

The Province is introducing a new framework allowing for First Nation consultation on mining claims, required to address a 2023 court ruling.

The new Mineral Claims Consultation Framework ensures the claims registration process includes consultation with First Nations, while enabling mineral resource development opportunities.

The 2023 B.C. Supreme Court ruling in Gitxaała vs. British Columbia established that First Nations need to be consulted at the time of claim staking, a shift from the previous practice where consultation began during the permitting phase for exploration.

Jagrup Brar, Minister of Mining and Critical Minerals, says the Province is ensuring it addresses its constitutional obligations, and bringing certainty to the earliest stages of the mineral exploration process.

The MCCF was developed through consultation with First Nations and engagement with industry and will be implemented using existing legislative and regulatory tools.

It is designed to ensure the Province meets its duty to consult, while providing an efficient pathway for mineral claim registration in consideration of First Nations’ rights and interests.

Under the MCCF, once an application is received, provincial staff will consult with First Nations.

The chief gold commissioner will determine whether the duty to consult has been met and if the claim should be registered, registered with accommodations, or denied.

All pre-existing claims in the MTO system will remain valid.

The rights and activities associated with all pre-existing and new claims will remain unchanged.

To learn more, visit Government of British Columbia.