British Columbia launches new land use planning process with Tŝilhqot’in Nation

[Redator]

The Province of British Columbia has secured a mandate to enter into discussions with the Tŝilhqot’in Nation to define how Indigenous consent would be incorporated into the decision-making process for future mining projects in the Teẑtan Area of the province’s Interior.

The mandate would enable the Ministry of Indigenous Relations and Reconciliation, the Ministry of Mining and Critical Minerals, and the Environmental Assessment Office, to enter negotiations with the Tŝilhqot’in Nation, should it agree to consider any reviewable mining project in the region, the BC government stated in a press release dated June 18.

Any agreement would fall under the Declaration on the Rights of Indigenous Peoples Act (Declaration Act) and be negotiated if the Tŝilhqot’in Nation decided in the future to consider any mine in the Teẑtan Area.

Currently, there are no specific mining proposals under review for the Teẑtan Area.

Consent-based agreements

The mandate builds on previous agreements that affirm the requirement of Tŝilhqot’in consent before any reviewable mining project can proceed in the area.

If triggered, negotiations would be conducted under Section 7 of the Declaration Act, which allows for consent-based agreements as part of reconciliation efforts. The legislation also mandates engagement with other potentially affected groups, including local governments, First Nations and mineral rights holders.

The Province of BC has identified a number of stakeholders to be consulted during any future negotiation process. These include: Cariboo Regional District, Mining Association of British Columbia, Association for Mineral Exploration, Overlapping mineral tenure holders, and the Business Council of British Columbia.

Additional interest holders may be added if a specific mining project is brought forward and the Declaration Act Agreement is initiated, it said.

AME response

The Teẑtan Area has been the focus of longstanding stewardship and governance by the Tŝilhqot’in Nation, and the Province’s announcement signals a continued shift toward consent-based decision-making in Indigenous territories.

The AME, however, claims that the decision to launch this new process occurred without engagement or consultation with many of the companies who have mineral exploration projects or properties in the proposed area.

In a statement issued June 19, AME board chair Trish Jacques said: “AME is concerned on behalf of our members in the region and across the province due to the continued erosion of certainty for mineral exploration activities.”

“For the mineral exploration sector to be successful, investment in mineral exploration projects is required. It is unreasonable for the government to expect investment in the mineral exploration sector without ensuring certainty of land access, which is the foundational requirement to support the search for the critical minerals societies need,” Jacques added.

The AME also called the new process a “distraction”, given that the Province must also focus on getting its land use planning processes right within the one-year timeline for the Northwest region, which was announced earlier this month.