Highlights
The Ministry of Energy, Mines and Low Carbon Innovation (EMLI) is committed to working in consultation and co-operation with First Nations and First Nations organizations to modernize the Mineral Tenure Act (MTA). In July 2023, a dedicated MTA Modernization Office was established along with a working group with the First Nations Leadership Council (FNLC) technical team and First Nations Energy and Mining Council (FNEMC). The working group has focused on co-development of foundational documents for the reform. Engagement with First Nations was initiated in September 2023, and a First Nations Technical Advisory Group was established to support this work in March 2024.
How are we working together?
The Ministry has established tables for government-to-government conversations with nations, a First Nations technical advisory group to provide policy recommendations related to mineral exploration, and a working table with FNLC and the BC First Nations Energy and Mining Council (FNEMC) on the alignment of a new statute with the UN Declaration.
Are there challenges?
While the work to establish a dedicated MTA modernization office was underway, a decision by the B.C. Supreme Court (BCSC) (Gitxaala vs. British Columbia (Chief Gold Commissioner)) in September 2023, found that the Province has a constitutional duty to consult First Nations on mineral claims. The decision was suspended for 18 months to allow time for the Province to design and implement a consultation process for claim staking.
EMLI is required to undertake the work directed by the BCSC, while simultaneously taking on the broader and transformational work of MTA reform. Differentiating the near-term consultation and co-operation work to develop a consultation standard for claim staking from the broader alignment of the statute with the UN Declaration is complex.
Pre-engagement information sessions in March 2024 identified the degree of broad public interest in the reform, specifically a desire to see focused conversations with various interested groups. EMLI has been responsive to this interest through establishing dedicated engagement opportunities for industry and providing publicly available information on the reform.