New framework introduced for First Nations consultation on mining claims
Press Release
March 26, 2025
VICTORIA – The Province is introducing new tools and guidance to support changes to B.C.’s mineral tenure system, required to address a 2023 court ruling.
The new Mineral Claims Consultation Framework (MCCF) 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.
“We understand that working together is our strength, and we are committed to advancing a thriving mineral exploration and mining sector in close partnership and collaboration with First Nations,” said Jagrup Brar, Minister of Mining and Critical Minerals. “Through the MCCF, we are ensuring we address our constitutional obligations, and bringing certainty to the earliest stages of the mineral exploration process. We will continue to monitor and improve the framework to ensure that it is straightforward, fair and results in timely decisions.”
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, individuals with a Free Miner Certificate can apply for a mineral or placer claim by filling out an online application in the Mineral Titles Online (MTO) system. The fee amounts remain the same.
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.
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.
Quick Facts:
- In 2024, 5,048 mineral claims and 1,635 placer claims were registered, bringing the overall total to 6,683.
- In 2023, there were 5,238 mineral claims and 2,019 placer claims, resulting in a total of 7,257.
- The average number of claims over the past two years is 6,970.
Learn More:
To learn more about the Mineral Claims Consultation Framework, visit: https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/mineral-claims-consultation-framework
To learn more about the Mineral Titles Online system, visit: https://www.mtonline.gov.bc.ca/mtov/home
To learn more about B.C.’s consultation processes and procedures, visit: https://www2.gov.bc.ca/gov/content/environment/natural-resource-stewardship/consulting-with-first-nations
To learn more about the B.C. ombudsperson and fairness in decision making, visit: https://bcombudsperson.ca/guide/fairness-in-practice/
A backgrounder follows.
Contact:
Ministry of Mining and Critical Minerals
Media Relations
250 514-0510
BACKGROUNDER
New mineral claims system
Before the Mineral Claims Consultation Framework (MCCF), a free miner would select available cells and pays a registration fee to automatically register a claim in Mineral Titles Online (MTO). No consultation would be conducted with First Nations.
The MCCF will establish the process for applying for a claim and consulting with First Nations before claims are registered. This process ensures the Province fulfils its duty to consult.
The duty to consult is a legal obligation of the Crown to consult and, where appropriate, accommodate First Nations before decisions are made that may impact First Nations’ rights and title, and treaty rights.
What is staying the same?
Claim holders can maintain their registered mineral and placer claims. They can also conduct activities on registered claims that do not require a Mines Act permit – for example, collecting rocks and soil samples by hand or performing airborne surveys. MTO will continue to be the platform for managing claims.
What is changing?
As of March 26, 2025, the Province must consult First Nations before new claims are registered in MTO to understand how a claim may impact First Nations’ rights and title. A decision will be made by a statutory decision maker whether to register the claim, register the claim with accommodations, or deny the claim application.
Have there been similar court challenges in other provinces?
In Ontario, two legal actions were launched in 2024, challenging its Mining Act and arguing that Ontario has a constitutional duty to consult First Nations before granting new mining claims, similar to B.C.’s Gitxaala case.
An October 2024 court decision in Quebec found that province has a duty to consult on the registration of mineral claims under its Mining Act and accommodate any adverse impacts, if necessary. The Province of Quebec has appealed the court ruling.
Contact:
Ministry of Mining and Critical Minerals
Media Relations
250 514-0510
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