Changes have been brought to the province’s system of staking mineral claims, the result of a court case that determined the past process breached First Nations’ rights.
On March 26, 2025, the B.C. Ministry of Mining and Critical Minerals introduced the Mineral Claims Consultation Framework (MCCF). This is in response to a 2023 B.C. Supreme Court ruling in Gitxaała vs. British Columbia, which established that First Nations need to be consulted at the time of claim staking.
Previously, under the Mineral Tenure Act, Free Miner Certificate holders could register mineral and placer claims for a $25 fee through Mineral Titles Online (MTO) without First Nations consultation.
Under the new 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 decisions will be published in the MTO system, ensuring the process remains fair and transparent for all parties involved,” states the ministry in a press release.
All pre-existing claims in the MTO system will remain valid and the rights and activities associated with all pre-existing and new claims will remain unchanged, the ministry notes.
“We're committed to working together with First Nations to ensure our mining sector supports good jobs and reflects the shared interests and values of everyone who lives and works on these lands,” said the Ministry of Mining and Critical Minerals in an email to the Ha-Shilth-Sa.
“Provincial revenue sharing occurs once a mine moves into production,” the ministry continued. “Economic and Community Development Agreements (ECDAs) are agreements between the provincial government and First Nations for sharing the direct mineral tax revenue on new mines, major mine expansions, and mines coming out of care and maintenance.”
The province has been working to reform its Mineral Tenure Act to align with the Declaration on the Rights of Indigenous Peoples Act (DRIPA), which was passed on Nov. 28, 2019, making B.C. the first jurisdiction in Canada to enshrine the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) into law.
The First Nations Leadership Council (FNLC) expressed disappointment in the new MCCF, saying the framework “falls well short of the minimum human rights standards outlined in the UN Declaration”.
“In its current form, the MCCF will only serve to inundate First Nations with referrals to be responded to on short timelines absent the provision of adequate capacity funding,” stated Grand Chief Stewart Phillip, Union of BC Indian Chiefs President, in a January 2025 FNLC press release.
“The MCCF, and the process that led to its development, only serve to illustrate the urgency of the government of B.C. undermining the good work to align the MTA with the UN Declaration in consultation and cooperation with First Nations,” Chief Phillip said.
Boughton Law associate Jimmy Burg specializes in natural resources, energy and Indigenous law.
In a February 24, 2025, article published on the Boughton Law website, Burg wrote that:
“In areas with high mineral potential, First Nations could face hundreds or even thousands of new claim referrals. Given this potential for a high volume of claims and their technical nature, a significant concern is whether First Nations will have the necessary administrative, financial, or legal resources to effectively manage this process,” states Burg.
B.C. Assembly of First Nations Regional Chief Terry Teegee called the MCCF a “step backward for B.C.” in a March 26, 2025, opt-ed published in the Vancouver Sun.
“Under the framework, mining companies can no longer simply register large swaths of land for mineral exploration. They must now notify First Nations of their intentions and allow a 30-day period for responses. This shift may result in an influx of approximately 10,000 additional placer and mineral applications annually, overwhelming often understaffed and under-resourced First Nations offices,” wrote Chief Teegee.
“First Nations are flooded with applications or ‘referrals’ from various industries, including mining and forestry. Unfortunately, the current framework allows limited opportunities for First Nations to modify or prevent these permits, often rendering the consultation process ineffective,” Teegee continued.
Burg said mining companies are concerned the new claim system may result in the disclosure of “trade secrets” and noted that many interest-holders are concerned the MCCF will “cripple resource development” in the province as investors seek other jurisdictions with less regulatory uncertainty.
“We are well aware of the regressive comments coming from the BC Conservative caucus calling for an end to attempts to align the Mineral Tenure Act with the UN Declaration,” stated Robert Phillips of the First Nations Summit Political Executive in the January 2025 FNLC press release.
“The minimum human rights of First Nations are non-negotiable and are in no way barriers to prosperity; when the basic human rights of First Nations are upheld and respected, certainty, predictability, and success for all British Columbians follows,” Phillips added.
In 2024, provincial data showed that 6,683 claims were registered (5,048 mineral claims and 1,635 placer claims).
