New framework introduced for First Nations consultation on mining claims

CANADA, March 26 - Before the Mineral Claims Consultation Framework (MCCF), a free miner would select available cells and pays a registration fee to automatically register a claim in Mineral Titles Online (MTO). No consultation would be conducted with First Nations.

The MCCF will establish the process for applying for a claim and consulting with First Nations before claims are registered. This process ensures the Province fulfils its duty to consult.

The duty to consult is a legal obligation of the Crown to consult and, where appropriate, accommodate First Nations before decisions are made that may impact First Nations’ rights and title, and treaty rights.

What is staying the same?

Claim holders can maintain their registered mineral and placer claims. They can also conduct activities on registered claims that do not require a Mines Act permit – for example, collecting rocks and soil samples by hand or performing airborne surveys. MTO will continue to be the platform for managing claims.

What is changing?

As of March 26, 2025, the Province must consult First Nations before new claims are registered in MTO to understand how a claim may impact First Nations’ rights and title. A decision will be made by a statutory decision maker whether to register the claim, register the claim with accommodations, or deny the claim application.

Have there been similar court challenges in other provinces?

In Ontario, two legal actions were launched in 2024, challenging its Mining Act and arguing that Ontario has a constitutional duty to consult First Nations before granting new mining claims, similar to B.C.’s Gitxaala case.

An October 2024 court decision in Quebec found that province has a duty to consult on the registration of mineral claims under its Mining Act and accommodate any adverse impacts, if necessary. The Province of Quebec has appealed the court ruling.