The British Columbia Ministry of Mining and Critical Minerals ("Ministry") has confirmed that the new Mineral Claims Consultation Framework("MCCF") took effect yesterday, on March 25, 2025. The MCCF had initially been released in draft form on January 7, 2025 for consultation with industry and Indigenous communities. The Ministry has published both an MCCF policy and MCCF consultation guidance and updated the Mineral Titles Branch website to reflect the changes.
The MCCF, which replaces the automated mineral claim registration system with a new application-based process, responds to the 2023 British Columbia Supreme Court ("BCSC") ruling in Gitxaala v British Columbia (Chief Gold Commissioner)("Gitxaala"), and seeks to ensure that the Province of British Columbia (the "Province") fulfills its duty to consult in respect of the registration of mineral and placer claims.
In Gitxaala, the BCSC determined that the Province was required to revise its current mineral tenure regime to facilitate consultation with Indigenous groups prior to registration. The decision provided the government 18 months, until March 26, 2025, to consult and design such a regime. An overview of the Gitxaala decision can be read in our 2024 Mining in the Courts Year in Reviewpublication.
Overview of the MCCF
As of March 25, 2025, companies seeking to register mineral or placer claims must first submit an application via the Mineral Titles Online platform, which will trigger consultation with affected First Nations. The Province will batch applications monthly by territory and application for review, during which time the claimed area will be held in reserve to prevent competing applications.
During the review process, the Ministry will assess the application materials and prepare a referral package for First Nations. First Nations have 30 days to provide their initial response to consultation. If a First Nation responds, a consultation and accommodation process will be initiated, culminating in the development of a decision package that will be sent to the applicant. If no First Nations respond, the claim will be granted to the applicant. A person who wants to appeal a claim decision can apply to the BSCS for judicial review.
The Ministry has committed to an ongoing review of the MCCF, with a formal evaluation and feedback process scheduled six months after implementation For a more comprehensive overview of the MCCF process, please refer to our previous article.
Mineral Tenure Act Reforms
Another development that is expected to impact mining in British Columbia is the reform to theMineral Tenure Act("MTA"), which is part of the Province's Declaration on the Rights of Indigenous Peoples Act Action Plan. This plan is part of the initiative to align provincial laws with the principles of United Nations Declaration of the Rights of Indigenous Peoples, a requirement under the Declaration on the Rights of Indigenous Peoples Act.
The MTA reform is a initiative separate and apart from the MCCF. In March 2024, the Province initiated a stakeholder consultation process to consider potential reforms to the MTA. The Ministry is currently in the information gathering stage for MTA reforms and anticipates commencing the policy development stage this spring. The Ministry expects to introduce legislation in Fall 2026, followed by implementation in Winter 2026.
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