Mineral Tenure Act

The Mineral Tenure Act governs the granting of mineral exploration/ exploitation rights within the province.  The provincial Ministry of Energy and Mines administers the Act.

Title to land in British Columbia does not include title to the minerals found in on or under the land.  Pursuant to s. 50 of the Land Act, in any disposition of Crown land, title to minerals is reserved and must therefore be acquired separately from the Crown.  The Mineral Tenure Act sets out the process for individuals to acquire and maintain mineral tenures.

The Ministry encourages the recording, exploration and development of coal and mineral claims, on the basis that it is good for the economy and for regional development.  Because tax revenue also flows from mineral exploration and development, mining is also regarded as good for provincial coffers.  Unfortunately, therefore, environmental considerations are sometimes viewed as an “obstacle” to economic development. 

Locating and recording of mineral tenures

The right to mine (known as mineral tenure) can be obtained in two different ways: 

·          by locating and recording a claim, or

·          by acquiring title from an existing recorded holder. 

A person who holds a “free miner’s certificate” under the Act may “locate” a claim by marking it in accordance with the regulations and “recording” its location with a gold commissioner, an officer of the Ministry of Energy and Mines.  This gives the free miner the rights to minerals located under the marked area.  The Act and Regulations set out rules for locating and recording claims, and for maintaining the tenure through paying rent or by engaging in exploration and development work.  The free miner may also apply to the gold commissioner to have a mining lease issued over his or her claim; this grants increased rights over the land contained in the claim. 

The Mining Rights Compensation Regulation provides that compensation must be paid when a mineral title is expropriated, e.g. when environmental protection means that mining can’t be done.  The Regulation is controversial since it may lead to the government paying significant compensation to a development company, where the development company may have only paid a tiny amount to locate and record the claim.

Right of access

One of the most significant features of the Act is its granting to recorded holders of tenures a priority right of access to the land’s surface (at section 14 of the Act and see also the Mining Right of Way Act).  This right of access allows recorded holders to explore and develop their mine, even if the surface is privately owned, and even if the private land owner objects to the access!  Miners may also construct any facilities necessary for the exploration and development of the mineral resource, within the tenured area or along the access road. 

It the private property objects to the use of their property for mining, the Mining company may apply to the Mediation and Arbitration Board, set up under the Act, for a lease over those portions of the person’s property necessary for the mining operations. 

Restrictions on Mineral Exploration

Under section 22 of the Mineral Tenure Act, the Minister may establish a reserve designating an area of land where free miners are prohibited from locating or recording a mineral claim.  The Ministry of Energy and Mines, the Ministry of Water, Land and Air Protection and Fisheries and Oceans Canada have used this section to classify areas of the province as reserves mineral staking, and to classify streams with significant fish spawning, rearing and migration as reserves within a larger area that is otherwise open to staking.  These designations help to avoid the potential impacts (such as habitat destruction) associated with mining, and especially with placer mining, activities.  Placer mining involves the removal of minerals from gravel, slate or other loose soil. 

Mining exploration and activities can also be restricted other Acts:

·          The Ecological Reserve Act -- mining activities are not permitted within ecological reserves. 

·          The Parks Act – Mining exploration is not allowed within provincial parks without the permission of the provincial cabinet.  However, mining exploration and development is possible within designated recreation areas.  See also the Recreation Area Regulation.

Under s. 40 of the Mineral Tenure Act, an interested person or an employee of the ministry can make a complaint to the chief gold commissioner where

·          a claim has been located or recorded contrary to the Act or its regulations;

·          a person has knowingly made a false statement or report under particular sections of the Act; or

·          a claim has been acquired or held for purposes other than mining activity.

This section is a good section to keep in mind, if it appears, for example, that a mineral claim has been recorded for an improper motive, such as obtaining surface access for an unrelated recreational activity, such as ATV’ing or snowmobiling

Related Guide Pages:

·          Mining

·          Mines Act

·          Siting and closure of mines

For more information on the Mineral Tenure Act:

·          Electronic text of the Mineral Tenure Act

·          Ministry of Energy and Mines website

·          Environmental Mining Council of B.C. – The leading advocate in B.C. for environmentally sound mining practices.