Environment and Land Use Act (ELUA) Orders for Ehattesaht and Gitxaala First Nations

1. Can new mineral claims be registered in the Ehattesaht Hay-na and Lax K’naga Sts’ool Designated Areas?
   • The registration of new mineral and placer claims within these designated areas is suspended indefinitely.
2. What is the process for relinquishing claims?
   • Claims can be relinquished by either abandoning the claim through Mineral Titles Online or by not annually renewing the claim.
   • Relinquished claims will not be eligible for re-registration while the orders are in effect.

Can tenures be transferred between entities while the restrictions are in effect?

• The restrictions do not prevent the transfer of tenures between entities
• However, mining activity restrictions are in effect for five years 
• This means that no work (including hand work) is permitted for a period of 5 years unless exempted by the order

What steps are required to keep tenures in good standing?

• The Mineral Tenure Act’s requirements to undertake exploration and development work to maintain claims are suspended while mining activity restrictions are in effect.
• To extend the expiry date of a claim, submit a renewal notice to the Chief Gold Commissioner at least 7 days and no more than 30 days before the expiry date of the claim.
• Claims must be renewed annually.
• If the expiry date of a claim falls after the deferral period then the claim’s expiry date will be extended to one year after the end of the deferral period.
• If a claim expires within the deferral area, it cannot be re-registered.

1. What types of activities are permitted on tenures within Gitxaala or Ehattesaht territories?
   • Within the deferral area, all mining activities, including handwork are now prohibited for 5 years.
   • Information Update 38 (PDF, 462KB) does not apply to the deferral area.
   • Exemptions are only permitted for activities related to:
     • reclamation
     • monitoring
     • protection
     • management or
     • treatment of previously mined sites.
   • Please note that specific tenures or permits may be exempted by the province if they receive the consent of Ehattesaht or Gitxaala First Nations
2. Do the orders apply to sand and gravel operations?
   • The mining activity restrictions do not apply to sand and gravel operations.
3. How can specific tenures or permits be exempted from the orders?
   • Specific tenures or permits may be exempted from the orders if Ehattesaht or Gitxaala First Nations provide consent.