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Mineral Claims Consultation Framework (MCCF) in B.C.

Publication date: July 29, 2024

The ministry is working on a new mineral claim consultation framework with First Nations to address the findings of the 2023 B.C. Supreme Court decision. The mineral claims consultation framework (MCCF) will require consultation before any claim registration. Mineral claim registration occurs under the Mineral Tenure Act (MTA).

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Resources

Timeline

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June – July 2024: Knowledge/information gathering 

  • Ministry provides context, background and key questions
  • Rights holders provide information to support policy work​
 

August – November 2024: Identify and consider options 

  • Ministry identifies potential option(s) to a consultation framework
  • Rights holders provide submissions to inform finalizing approach to consultation framework
  • Rights holders and interested groups inform operational and system needs for implementation

*Engagement paused during election period

 

December 2024 – February 2025: Recommended options and implementation planning

  • Ministry reports back to rights holders and interested groups and confirms option(s) for consultation framework
  • Rights holders and interested groups training and user testing on operational and system changes
 

​ March 2025: Consultation framework in place and implemented

Consultation framework in place and implemented

 

Goals of the framework

  1. Address the 2023 B.C. Supreme Court ruling in Gitxaala v British Columbia (Chief Gold Commissioner).
  2. Ensure the Province fulfills its duty to consult under Section 35 of the Canadian Constitution.
  3. Apply the framework by March 26, 2025.

Note: The MCCF is separate from the work to reform the MTA. MTA reform is meant to align with the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration). 

As such, MTA reform is a different basis than Section 35 consultation and accommodation requirements.

Engagement streams

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First Nations

The province will consult and cooperate with all B.C. First Nations through a variety of avenues:

  • Direct engagement with First Nations governments including Modern Treaty Nations
  • First Nations Leadership Council
  • First Nations Energy and Mining Council
  • Bilateral discussions with First Nations representatives
  • Engagement with members of the First Nations Technical Advisory Group 
 

Interested groups

The province will engage a variety of interested groups:

  • Exploration companies
  • Industry associations
  • Free miner certificate holders

 

Contact information

Send your feedback
MTA@gov.bc.ca