Whereas provincial legislation enabled the issuing of Crown-grant mineral claims from the mid-1800s until approximately 1960, and then the Mineral Tenure Act enabled miners to stake mineral claims on private property entitling miners to prospect, explore, locate, mine and produce minerals, notwithstanding any negative impact of such activities on the rights of private property owners; And whereas Section 19 of the Mineral Tenure Act relates to Right of entry on private land and compensation and sets out a process for resolving disputes involving private property owners and miners undertaking mining activities on private property but does not specifically reference Crown-granted mineral claims, and the Surface Rights Board of British Columbias interpretation is that it has no jurisdiction to resolve disputes involving private property owners and Crown-granted mineral claims: Therefore be it resolved that UBCM ask the Province to amend the Mineral Tenure Act to clarify that the Surface Rights Board of British Columbia has jurisdiction to resolve disputes involving private property owners and Crown-granted mineral claims.
Ministry of Energy, Mines and Low Carbon Innovation Modernizing BCs Mineral Tenure Act MTA is a longstanding priority for the Province and First Nations. Modernization will focus on aligning the MTA with the UN Declaration on the Rights of Indigenous People. It will also encompass opportunities to optimize the legislation to support the ongoing vitality of BCs mining sector through responsible regulation and greater certainty for First Nations, industry, and the public. The Ministry of Energy, Mines and Low Carbon Innovation EMLI is leading establishing the process and approach for engagement on MTA reforms. Ultimately, modernization will include opportunities for dialogue around all aspects of the MTA.