Today, March 26th, marks the deadline for the BC Government to add Indigenous consultation to the mineral claim staking process following the Gitxaała Nation court challenge. The BC Supreme Court ruling in September 2023 gave the province 18 months to come into compliance. It’s doing this via what it is calling the Mineral Claims Consultation Framework (MCCF), in effect as of today.
The consultation framework is bringing in the most basic duty to consult as per Constitutional requirements, similar to what is already required by all other industries. While it is a step forward, the framework fails to address deep-rooted issues in BC’s mining laws, or ensure Indigenous peoples have true decision-making power over their territories – Free, Prior, and Informed Consent – as required by the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). It falls short of the transformative change needed to uphold Indigenous rights, protect the environment, and respect land use plans.
What does the consultation framework entail and why does it fall short?
The consultation framework requires that prospectors apply for a mineral claim (instead of automatically being granted one), which the BC government then bundles on a monthly basis and notifies First Nations of any claims being requested in their territory. A 30-day comment period is provided to see if there is a need for consultation and accommodation to take place before the claims are granted or rejected. However, it falls short in a number of areas:
- Insufficient Alignment with UNDRIP: The First Nations Leadership Council (FNLC) has expressed disappointment, stating that the framework “falls well short of the minimum human rights standards outlined in the UN Declaration,” i.e. Free, Prior, and Informed Consent.
- Limited Consultation Periods: The framework allows First Nations 30 days to respond to consultation packages, after which claims may proceed without their input if no response is received. This timeframe is insufficient for meaningful engagement.
- Narrow Scope: While the framework requires consultation, it is only related to the impacts of a mineral claim and allotted activities, without judgement on further mining impacts. Once a prospector is granted a claim, it is easy for them to get a lease and lock-in legal rights for decades. This is not being addressed by the framework. Consultation here is more procedural rather than providing for meaningful decision-making related more broadly to land-use.
- Lack of Capacity Funding: The consultation framework identifies some “minimal” capacity funding for Indigenous Nations to respond to consultation requests. However, these are likely grossly insufficient for legal, technical, and environmental reviews.
March 26th deadline & beyond
As BC moves forward with its commitment to broader Mineral Tenure Act reform, ensuring Indigenous consent and stronger protections for land and water remains crucial. The province has committed to a process of consultation and policy development leading to new legislation being introduced in Fall 2026 and implemented in Winter 2026. The current reform process presents an opportunity to address long-standing issues in BC’s mining laws, and we are actively engaging to push for deeper, systemic changes.
We will continue to inform and update the public on key developments and opportunities to participate in the reform process. Together, we can advocate for responsible mining laws that uphold Indigenous rights and protect our land and water for future generations.
Do you want to learn more about the Mineral Tenure Act? Listen to Episode #6 of our Podcast series ‘Beneath the Surface’ with BCMLR Co-Chair, Nikki Skuce.
Image: Gitxaała Nation at BC Supreme Court hearings in April 2023.
