Prospectors, industry analysts in B.C. concerned as deadline to implement reformed mineral claim system draws closer

Mining prospectors and mining policy specialists are sounding the alarm about the British Columbia’s proposed mineral claims consultation framework which aims to accommodate the Crown’s duty to consult Indigenous communities.

The province unveiled draft rules in early January 2025 to address the B.C. Supreme Court Gitzaala v. British Columbia (Chief Gold Commissioner) ruling from September 2023. In that ruling, the court ruled the B.C. government’s existing online system for registering mineral claims did not meet the government’s duty to consult Indigenous people. Legal analysts also saw the ruling the first test in court of B.C.’s Declaration on the Rights of Indigenous Peoples Act (DRIPA). The ruling, however, found that DRIPA did not apply in this case.

However, the court granted the B.C. government 18 months to adopt new rules that accommodate the duty to consult. Under the timeline, the government must have in place a new working system by March 26, 2025.

The new draft regulations have changed from a system where prospectors could automatically register an online mineral interest on specific land plots to one where prospectors submit applications to lay claims that then go through three steps of review before the government renders a decision. Indigenous groups in British Columbia at court complained about an open staking system that allowed prospectors to freely enter their traditional territories without notice.

Some prospectors have already claimed the proposed new system is too complicated and onerous and has many considering stopping exploration work in British Columbia.

“This new rule, which adds a major hurdle to the permit process and increases uncertainty in mining exploration, will further deter investment in British Columbia's mining sector and hurt the province’s already struggling economy,” said Julio Mejía, a mining policy specialist with the Fraser Institute.

“Not only does this add a major step to the exploration process—particularly in areas with multiple First Nations groups—but it requires companies to publicly disclose where they plan to “stake” before they receive permission, which is like forcing a company to give away trade secrets.”

Hugh Maddin – a long-time prospector operating in British Columbia – told the Vancouver Sun in one interview that while the government bears the responsibility to change the rules, prospectors who are the least resourced must bear the cost as they cannot navigate the lengthy legal issues involved.

Keerit Jutla, CEO for the Association for Mineral Exploration, B.C., said there is general support for including a consultation process that includes Indigenous groups, but he said his members prefer a much more limited reform of the Mineral Tenure Act that does not try to include incorporating the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and disagrees with consultation occurring at the staking stage.

In the end, some analysts believe that the government should introduce new consultation rules that do not adversely affect an industry that is already dealing with inordinate regulatory delays, which many argue affects both Indigenous and non-Indigenous communities.

Analyst Julio Mejía added, “Premier Eby’s new mineral staking rules will further delay the development of new mines and may kill some exploration projects before they break ground. The mining companies will simply look elsewhere for minerals, which means many British Columbians—and many Indigenous communities across the province—will lose a key source of income. If the government wants to avoid this outcome, it should swiftly reconsider its new staking rules.”

More information about B.C.’s new Mineral Claims Consultation Framework is posted on www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/mineral-claims-consultation-framework.