The modernization of British Columbia’s Mineral Tenure Act (MTA) has high stakes for the future of mining exploration in BC. A recent report by the Association for Mineral Exploration British Columbia (AME) dives into considerations for investment competitiveness.
Demand for critical minerals is escalating, driven by electrification strategies globally. The mining industry plays a crucial role in discovering and developing these essential resources. However, as AME points out, uncertainty surrounding MTA reforms poses significant risks to the sector. The lack of direct industry involvement in the conversation, combined with concerns about the consultation process, has left mineral explorers and prospectors uneasy about the future.
With a major process underway to modernize the Mineral Tenure Act, AME's "What We Heard" report synthesizes feedback from their members and stakeholders. Here's what they found.
The challenges ahead
Among the top concerns outlined in the report are the need for a consultation framework that is clear and equitable, and resolving uncertainty around land access.
The mineral exploration industry faces a tightrope walk between navigating the province's Critical Mineral Strategy and responding to Indigenous rights, particularly following recent court rulings such as Gitxaala v. British Columbia.
Justice Ross’s decision highlighted the need for greater consultation with Indigenous Nations during mineral claim staking but also clarified that the current process is not unconstitutional.
Explorers stress the importance of distinguishing between mineral exploration and broader land management issues. As AME articulates, the focus of modernization should remain on streamlining the MTA to support responsible, low-impact exploration without becoming entangled in unrelated land use or treaty issues. If left unaddressed, these challenges could lead to capital outflow from the province—a dire outcome at a time when BC’s economy depends on a strong mineral exploration pipeline.
As more mineral-rich areas become subject to competing interests—whether for conservation, Indigenous land claims, or other provincial initiatives—the exploration sector faces an increasingly complex landscape. AME members pointed out that piecemeal land use planning, combined with delayed permits and inconsistent regulatory environments, creates anxiety across the industry. More than 75% of industry respondents cited increased uncertainty about doing business in B.C., fearing that the province’s competitiveness could erode without decisive action.
Survey data reveals that 69.5% of respondents lack confidence that the proposed MTA changes will work for their organizations. This insecurity, compounded by scarce capital for junior explorers, threatens to drive investment away from the province. B.C. has already seen periods in which exploration expenditures dropped sharply despite rising mineral prices, as was the case from 1992 to 2003, when prospecting activities shifted to more investor-friendly jurisdictions like Nevada.
AME members also raised concerns about the potential erosion of intellectual property rights, a cornerstone of prospecting value. Mineral claims, which represent a prospector’s intellectual property, must be protected to ensure that explorers continue staking claims and attracting investments. Without secure tenure and clarity on how mineral rights will be handled under new rules, many small prospectors could be forced out of business, stalling the province’s mineral exploration pipeline.
Logistical delays in obtaining permits for exploration can add years to project timelines. As one member noted, "If it takes one year to get a permit, or two years... that’s holding that prospect hostage." This bureaucratic burden discourages early-stage exploration, particularly for smaller players who lack the resources to navigate an increasingly onerous permitting process.
In sum, unless these challenges are addressed swiftly and comprehensively, B.C. risks losing both its reputation and its standing as a hub for mineral exploration at a time when critical minerals are needed more than ever.
Consultation as the cornerstone
Consultation with Indigenous communities is a central theme in the modernization effort. AME’s report calls for an approach that aligns consultation requirements with the scale and impact of activities, ensuring that smaller prospectors are not disproportionately burdened. Moreover, feedback indicates that Indigenous communities must be meaningfully involved from the earliest stages of exploration to build trust and avoid conflicts later on.
AME emphasizes that consultation must go beyond a checkbox exercise. It requires a robust, transparent process that respects Indigenous rights without stifling the exploration industry. One-size-fits-all approaches will not work. Instead, consultation efforts should be scaled to the level of activity—whether non-invasive early-stage exploration or more significant developments—allowing prospectors to proceed with clear guidelines while upholding Indigenous interests.
AME has proposed several policy enhancements to aid in this balancing act. These include building capacity in Indigenous communities to manage industry engagement and encouraging partnerships between prospectors and Indigenous land offices through environmental monitoring and knowledge-sharing initiatives. A flexible consultation process would better reflect the realities of the sector while safeguarding Indigenous rights to their land and resources.
Towards a collaborative future
As the MTA modernization process continues, AME urges the provincial government to listen to the concerns of the exploration industry. Resource Works strongly support their findings.
The benefits of mining and mining exploration to BC's economic well-being cannot be understated.
In 2023, mining contributed $14.5 billion in value to the BC economy. According to the BC Mineral and Coal Exploration Survey, $643 million was spent on exploration in 2023, translating to a direct economic benefit and a driver of continued invesment in mining.
Through fulsome consultation and thoughtful policy design, BC has the opportunity to be a leader in sustainable mineral exploration, ensuring that its rich mineral resources are responsibly developed for generations to come.
The MTA modernization alone is not the only opportunity here, and areas such as biodiverdity frameworks, land use planning changes, and permitting deserve attention as well. A holistic approach is needed, considering higher-level impacts from the full suite of policies on investment, critical minerals supply chains, and social and environmental priorities.
The full report is available here.
AME is the lead association for the mineral exploration and development industry based in British Columbia. Established in 1912, AME represents, advocates and promotes the interests of more than 5,000 members who are engaged in mineral exploration and development in B.C. and globally. AME encourages a safe, economically strong and environmentally responsible industry by providing clear initiatives, policies, events and tools to support its membership in delivering responsible projects that advance reconciliation and provide benefit to all British Columbians.