First Nations likely to be deluged with claim referrals under upcoming Mineral Tenure Act changes
Twenty years ago, an NDP government triggered a flight of investment from mineral exploration and mining in B.C. that lasted more than a decade when, in 1993, it ring-fenced the massive undeveloped copper-cobalt Windy Craggy deposit with a new provincial park.
As of March 26, prospectors will no longer be able to automatically register a mineral claim in B.C. A new online process will place the claim pending a First Nations referral, consultation and accommodation process. “We know there is going to be significant capacity requirements for this,” acknowledged Justin Schroff, a director with the Ministry of Mining and Critical Minerals.
In 2023, B.C. Supreme Court ruled the province had a duty to consult First Nations with respect to the filing of mineral claims, and gave the province 18 months to amend its claim administration process. A mineral claim does not grant any land ownership or mineral rights—it simply grants exclusive rights to do early-stage exploration in the area claimed.
“We have heard this feedback from our members that the staking process … should not be used to provide arbitrage opportunities to any party,” Jutla said. First Nations will receive an engagement package with the claim applicant’s name, the area to be staked and an outline of activities to be conducted. First Nations will have 30 days to respond but can ask for extensions. If they don’t respond, the claim will be registered. If they do, the clock starts on a consultation and accommodation process, which is estimated to take 90 to 100 days, on average.
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