A leading industry group representing mineral exploration companies in British Columbia is pressing the provincial government for significant legal reforms. The Association of Mineral Explorers (AME) has formally requested that Premier David Eby's administration make "substantive" amendments to legislation implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
Court Ruling Sparks Industry Concern
The call for change follows a pivotal decision by the B.C. Court of Appeal in January 2024. The court overturned a lower-court ruling, finding that the province's automated online mineral claims registry was "inconsistent" with the Declaration on the Rights of Indigenous Peoples Act (Declaration Act). This ruling was celebrated by many First Nations as it affirmed the Act's legal enforceability.
In a letter sent to Premier Eby, the AME outlined four key recommendations. The association proposes deleting two specific sections of the Declaration Act: one that affirms UNDRIP applies to B.C. law, and another that states implementation should occur without delay.
Proposed Amendments and Economic Stakes
Beyond changes to the Declaration Act, the explorers are advocating for revisions to ensure laws account for consultation and compensation for impacts on the broader public, not exclusively Indigenous peoples. Additionally, the AME seeks the removal of a section in B.C.'s Interpretation Act that mandates all provincial laws be interpreted as consistent with the Declaration Act.
The industry warns that without these amendments, the mineral exploration and mining sectors in B.C. face significant undermining. The financial stakes are considerable. Spending on mineral exploration in the province reached a peak of $740 million in 2022 but declined to an estimated $550 million in 2024. This sector is the pipeline for new mines, which collectively generate roughly $18 billion in annual revenues and support approximately 35,000 jobs.
Political Response and Path Forward
AME president and CEO Todd Stone, a former B.C. Liberal cabinet minister, emphasized the current challenges. "The current pathway government is on has dramatically increased delay and confusion in mineral exploration. Many of our early-stage and smallest members are hit the hardest and are seeing their way of life disappear. Reconciliation cannot work when only a few bear the gains," Stone stated.
Premier David Eby has already indicated an intention to amend the Declaration Act, and potentially the Interpretation Act, during the upcoming legislative session starting February 12, 2024. While the exact nature of the changes remains unclear, Eby has previously criticized the Appeal Court's decision as judicial overreach that could erode public support for reconciliation efforts.
The situation sets the stage for a complex debate in Victoria, balancing the economic imperatives of the resource sector with the province's legislated commitment to advancing Indigenous rights and title.
