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ARTICLE · 26 MARCH 2024

British Columbia Announces A Pause On Mining In Gitxaala And Ehattesaht Nations Territories

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On March 7, 2024, British Columbia's Ministry of Energy, Mines and Low Carbon Innovation announced interim measures in the form of four Orders in Council (OICs).

CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Melanie Teetaert
Melanie Teetaert
Claire Lingley
Claire Lingley
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On March 7, 2024, British Columbia's Ministry of Energy, Mines and Low Carbon Innovation announced interim measures in the form of four Orders in Council1 (OICs). The OICs place restrictions on the issuance of mineral claims, leases and Mines Act permits, and mining activities, in designated areas located in Gitxaala Nation's (Gitxaala) and Ehattesaht First Nation's (Ehattesaht) traditional territories (collectively, the Deferral Areas). The OICs were issued pursuant to the broad authority granted to the Lieutenant Governor in Council (LGIC) under the Environmental and Land Use Act (ELUA).

The OICs implement the agreements between the province, Gitxaala and Ehattesaht relating to an appeal by the Gitxaala and Ehattesaht of the British Columbia Supreme Court's decision in Gitxaala v British Columbia (Chief Gold Commissioner) (Gitxaala v. British Columbia). In that case, the Court required the Province to amend the Mineral Tenure Act (MTA) to consult with First

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