BC Extends Pause on Mineral Claims in the North Amid First Nations Negotiations

The B.C. government has opted to extend a moratorium on new mineral claims across large areas of the north of the province amid ongoing land-use discussions and negotiations with First Nations.

The temporary suspension applies to new mineral and placer claims across northwestern and north-central B.C. stretching from the interior toward the Alaska border, and will stay in effect until Jan. 31 of next year instead of expiring on June 3 as previously planned.

“The orders under the Environment and Land Use Act scheduled to expire on Wednesday, June 3, 2026, are being extended to provide sufficient time to complete the work with the Tahltan First Nation, Taku River Tlingit First Nation and Kaska First Nations, including more meaningful engagement with industry, local governments and other interested parties,” B.C.’s Ministry of Mining and Critical Minerals stated.

The pause in this area has been in effect since June of last year.

The government noted that current claims will not be affected by the decision; however, it said registration of new claims and applications for coal licences will continue to be paused.

While a placer claim applies to minerals found in loose surface deposits, such as gold in riverbeds and gravel bars, a mineral claim generally refers to the right to explore for minerals contained in bedrock beneath the earth’s surface.

B.C. Conservative MLAs criticized the NDP government’s decision to extend the mining tenure freeze.

“At a time when British Columbia should be competing for mining investment, the NDP is creating more delays, more uncertainty, and more reasons for investors to look elsewhere,” said B.C. Conservative MLA Pete Davis, who serves as his party’s critic for mining and critical minerals.

Davis made the comments in a June 4 release, saying that the use of the Environmental Land Use Act is “unjustly impacting 89 claimholders with more than 799 mineral tenures.”

MLA Sharon Hartwell, critic for rural infrastructure and rural development, echoed these concerns, saying the pause is costing B.C. jobs.

“Every month these restrictions remain in place is another month that potential jobs, economic opportunities, and responsible resource development are put on hold in northern and rural British Columbia,” Hartwell said in the same release.

DRIPA

The extension of the mineral claims pause comes amid uncertainty over the future of B.C.’s mineral tenure system.

The B.C. government is currently asking for leave to the Supreme Court regarding a B.C. Court of Appeal decision in December of last year which held that the province must consult affected First Nations before offering mineral claims.

The court also held that the province’s Declaration on the Rights of Indigenous Peoples Act (DRIPA) had legal effect in supporting the Gitxaala Nation’s challenge to the province’s mineral framework on their ancestral territory and that B.C. laws affecting First Nations must be “properly interpreted” through the lens of DRIPA going forward.

DRIPA was passed into law by the province in 2019 and seeks to align B.C.’s laws with the non-binding 2007 U.N. Declaration on the Rights of Indigenous Peoples, which backs self-determination, land rights, and full consultation rights for indigenous peoples on their traditional territory.

Following the decision on Gitxaala, B.C. Premier David Eby said some aspects of DRIPA were creating legal liabilities for B.C. and announced plans to suspend or amend parts of the legislation.

“We are having to move quickly to make amendments in order to address some serious legal liabilities that were created,” Eby said on April 2.

The First Nations Leadership Council put out a statement on April 19 saying an attempt to pause or weaken DRIPA would lead to “collective resistance.”

However, Eby walked back these plans to change or suspend parts of DRIPA on April 20 after being met with opposition from various First Nations leaders and members of his NDP caucus.

Eby said that instead of pursuing legislative change or suspension to the law, he would collaborate and discuss with First Nations communities, adding that “moving forward together is my number one priority, finding a way to resolve government’s concerns in partnership, rather than in conflict.”

“There is a very real threat to our province in continued conflict with First Nations,” he added.

B.C. Conservatives say DRIPA has created uncertainty in the province, with new leader Kerry-Lynne Findlay pledging to repeal the legislation.