Cutting red tape and resolving land claims are key if BC is to take advantage of critical minerals mining
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British Columbia (BC) stands at a critical point where it must act swiftly to create a favourable policy environment that can take advantage of the looming critical minerals boom. If BC doesn’t streamline its regulatory framework and offer a stable investment climate, it risks losing mining investors to other regions with more favourable conditions.
Mining is a hot-button issue in BC’s politics, especially with the growing global demand for critical minerals like copper, nickel, and zinc, driven by federal net-zero ambitions. A Mansfield Consulting study identified 14 potential critical mineral mines in BC, but regulatory burdens and investment uncertainty could delay their development. BC risks missing out on this opportunity if these challenges aren’t addressed.
BC’s permitting process is a significant barrier. Before even applying for an environmental permit, project proponents must navigate extensive Indigenous community consultations, provincial ministries, and federal bureaucracies. This complex and multi-layered system adds time and costs, making it difficult for mining projects to move forward.
No wonder BC mines take an average of 13 years to go from discovery to construction. While the NDP government has taken steps like hiring more staff and appointing a chief permitting officer, these changes don’t address the underlying systemic issues. A more impactful solution would be a “one-stop shop” for mining permits, where all regulatory steps are managed through a single department – an approach that has worked well in the oil and gas sector.
Beyond regulatory challenges, the uncertainty surrounding BC’s land base is another deterrent. Land claims and unresolved Indigenous issues make investors wary. However, supporting Indigenous rights doesn’t mean accepting every policy change that might restrict land access. A balance can be struck that respects Indigenous communities while maintaining an investment-friendly climate. The recent ill-fated changes to the Lands Act, which would have shifted control over Crown lands and expanded First Nations’ influence, were misguided and would have introduced further instability into BC’s natural resource economy.
The 2023 BC Supreme Court ruling requiring revisions to BC’s mineral claims law offers a valuable opportunity. The court gave the province until early 2025 to implement changes, giving the government time to ensure proper consultation with the right Indigenous community representatives. This will not only prevent future litigation but also strengthen relationships with Indigenous communities while bringing more clarity and stability to the sector.
DRIPA (Declaration on the Rights of Indigenous Peoples Act) remains a point of contention, as it seeks to incorporate the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) into BC law. Critics argue that BC already has constitutionally protected consultation policies and doesn’t need UNDRIP to ensure Indigenous rights are respected. The 2023 court ruling did not find that DRIPA fully enshrined UNDRIP into law, leaving room for the province to revise its consultation policies without the complexities of full UNDRIP implementation.
For political parties serious about advancing mining in BC, repealing or amending DRIPA could help resolve some of the legal uncertainties tied to the act. This move would reduce litigation risks and create a more predictable regulatory environment for investors, making BC a more attractive destination for mining investments.
Ultimately, the provincial election currently in progress is the ideal time for BC to rethink its mining regulations, reduce red tape, and ensure investment certainty. By establishing a transparent and stable regulatory framework, BC can attract global investors and position itself to fully benefit from the next critical minerals boom – securing long-term economic growth for the province.
Joseph Quesnel is a senior research fellow with the Frontier Centre for Public Policy.
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