WHEREAS British Columbias Mineral Tenure Act has remained substantially unchanged since the 1800s and is not suited to our modern day land base and the demands of legitimate competing interests and values, with the present Mineral Tenure Act giving no weight to other economic activities, current or future, in areas affected by mining claims including tourism, forestry and farming; AND WHEREAS local governments and First Nations deserve greater latitude to shape their economic development paths and protect the full range of their residents interests, and a modern Mineral Tenure Act could ensure adequate regional planning would take place, recognizing vital water, agricultural and other resources on which all communities depend: THEREFORE BE IT RESOLVED that UBCM request that the Province of British Columbia undertake a broad-based public engagement process similar to that being used to amend BCs Water Act and fairly engage First Nations and local governments to determine how best to modernize the Mineral Tenure Act and related legislation in a way that ensures the full range of interests including social, cultural, ecological and economic are given fair consideration on BCs land base.
Ministry of Energy Mines Government is open to input on how to ensure BC continues to have a modern and streamlined regulatory framework for the mining sector. The Mineral Tenure Act does have provisions for the interests of the surface rights holders. Formal notification to a landowner is required prior to accessing a claim area that is located on private land. If landowner and claim holders are not able to agree on terms to access a claim, they may ask the Chief Gold Commissioner to mediate and failing that may appeal to the Surface Rights Board. If a claim holder wishes to conduct exploration or mining activity that involves mechanized disturbance, a permit under the Mines Act is required.