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.