Earlier this month, the Ministry of Mining and Critical Minerals released the parameters for changes to the Mineral Tenure Act, which it intends to implement on March 26.
As individuals and small companies grapple with the significant challenges posed to mineral exploration in the province, the Eby government seems largely unresponsive to feedback, raising concerns about the potential to reverse decades of progress and hinder the industry's development.
Since 2005 and under sa国际传媒’s currently fair and economically stimulating mineral tenure system, mineral claims are filed online on a first-come-first-serve basis. It is secret and immediate. Ownership of all minerals still belongs to the Crown, and should a claim prove worth the effort, development is granted only subject to a huge list of requirements, including consultation with First Nations. Mineral exploration has led to the development of mines that generate tens of billions of dollars in revenue for the province and benefit First Nations through profit-sharing agreements, and could generate .
In just two months, however, acquiring a claim will require revealing to government one’s proprietary hypotheses, discoveries, conceptual plans and ideas, which they will then share with others.
It might come as a surprise to readers, but staking a claim is a right for anyone who is a Canadian citizen, permanent resident or even someone authorized to work here. Mineral claims are a form of intellectual property, and the most important factor is who staked it first. Long ago, prospectors and claimstakers were required to watch their backs for trucks or helicopters following them to their discovery zones and confidential prospects. They also had to ensure claim jumpers didn’t remove their claim pins and dispute who was there first. None of this has been a problem for decades, but the government is intent on reverting to a time before digital mapping and advances in GPS removed much of the risk and secrecy of staking claims.
No industry professional in their right mind is going to support giving up their secrets and disregarding the single most important principle of intellectual ownership. Taking this away will only contribute to the province’s ongoing economic and intellectual decline, because new mineral exploration in sa国际传媒 will stop.
sa国际传媒 is experiencing a mining permitting crisis as it is, , and that’s before it must consult and adjudicate on each and every claim that’s submitted as of March 26.
What is the chief gold commissioner going to do surrounding areas like Revelstoke, which has upwards of 12 Indigenous groups requiring consultation, some with no active or historical presence in the area but want a moratorium on exploration, while local groups might support it? With just two months until implementation, the government doesn’t have an answer.
Can First Nations allow preferred groups to stake claims?
Many prospectors and explorationists spend their entire lives learning about mineral claims and deposits in sa国际传媒 and worry that when they submit a claim under this new system, competing companies will be made aware and start meeting with local bands and making deals for entire swaths of the province.
After the failed Lands Act amendments and near-election loss, Premier David Eby told British Columbians his government would work to and agreements with First Nations.
sa国际传媒 needs to remain a competitive jurisdiction for mineral exploration, and choosing not to challenge the Gitxalla v. British Columbia case which brought about this requirement for consultation was a mistake that all British Columbians will suffer for as explorers and miners choose to take their business elsewhere. The fault rests squarely with Eby’s anti-mining government that doesn’t know how the system works and is not inclined to listen, while eagerly creating a new critical minerals strategy and ministry.
Warren Mirko is a regulatory and public affairs consultant