British Columbia has introduced a new framework mandating consultation with First Nations before registering mining claims, but Indigenous leaders warn the changes fall well short of what's required by the Canadian province's own Indigenous rights laws.

Formerly, consultation occurred during the exploration permitting phase. A 2023 BC Supreme Court ruling in Gitxaała v. British Columbia established that First Nations must be consulted at the time of claim staking, sparking the new legislation.

Under the new system individuals holding a Free Miner Certificate can apply for a mineral or placer claim through the Mineral Titles Online system. Once an application is submitted, provincial staff will consult with First Nations.

The chief gold commissioner will then determine whether the duty to consult has been met and whether the claim should be registered, registered with accommodations, or denied.

The provincial government says all pre-existing claims will remain valid.

BC Assembly of First Nations Regional Chief Terry Teegee criticised the changes, noting they "do not come close" to adhering to the approach outlined in the province's Indigenous rights law.

Chief Teegee told the Vancouver Sun that BC's law adopting the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) reflects a "duty to consent", which goes beyond the duty to consult, and called the new mineral framework "a step backward".

Chief Teegee said that while the changes prevent companies from registering large swaths of land for mineral exploration without First Nations' awareness, requiring them to notify Indigenous communities and await responses, this shift could overwhelm First Nations offices, which often face staffing and capacity challenges. In 2024, British Columbia registered 5,048 mineral claims and 1,635 placer claims.

"The framework risks perpetuating business-as-usual practices that exclude First Nations from critical decision-making processes," he said.