Private Landowner Notification Requirements

The Ministry of Energy, Mines and Petroleum Resources (MEMPR) – gave notice that, effective June 2, 2008, amended regulations would give effect to new notice requirements (amendment to Section 19.1 of the Mineral Tenure Act) lowering the threshold for serving notice to private landowners and holders of exclusive Crown leases. AME BC pressed the government to provide the online tools needed to identify private landowners and to provide information to landowners about their rights and responsibilities.
 
This notice could lead to an expectation of consent on the part of the surface rights owners, triggering a response by the recipient to attempt to stop access.  The obvious course of action would be to appeal to the Chief Gold Commissioner and Mediation and Arbitration Board, resulting in significant capacity and funding issues. Lowering the threshold for notification creates an unnecessary burden on industry, negatively impacting the current rights of responsible freeminers.
 
A key impediment is also the difficulty in identifying lawful surface rights owners without extensive and costly land title searches. The provincial government prepared online tools to help miners determine the location of private land and Land Act leases and the addresses of the owners.

Landowner Notification Toolkits:
Free Miners & Mineral Title Holders

Factsheet for Free Miners & Mineral Title Holders
This factsheet is for information purposes only and does not constitute legal advice. In the event of any conflict between this document and the Act and Regulations or other applicable legislation, the provisions of the legislation will always apply.

Quick Guide - Landowner Identification Procedures
(The Quick Guide provides basic step-by-step instructions for identifying landowners)

Free Miner Landowner Identification Procedures
(Procedures for determining the ownership of private land and Crown land leases)
The recent amendment to the Mineral Tenure Act now requires a person to serve notice on the private landowner(s) or Crown land lease holder(s) before commencing a mining activity.

The following procedures have been developed to assist mining clients and free miners with this task.
This tool is suitable for notification or referral purposes only. It is not suitable for statusing that may lead to the issuing of tenure. It is also recommend that free miners provide copies to landowners to assist them with understanding their respective rights and responsibilities.

Forms

Landowner Notice Template
This template may be used to ensure proper notification requirements are met.

Application for Exemption
In some circumstances, it is possible that after reasonable efforts have been made to serve notice a miner is still unable to contact the landowner.
(In such instances, the miner may apply to the Chief Gold Commissioner for an exemption from the notification requirements. An application for exemption must be made in writing to the Chief Gold Commissioner, Ministry of Energy, Mines and Petroleum Resources, 8th Floor, 1810 Blanshard St., Victoria, B.C.,V8W 9N3.)

Private Landowners & Mineral Rights

Fact Sheet for Private Landowners
(Information on the recent Mineral Tenure Act amendments and the additional rights regarding the notification process for access to land for mineral exploration purposes, including new notice requirements)

(Information on the recent Mineral Tenure Act amendments and the additional rights regarding the notification process for access to land for mineral exploration purposes, including new notice requirements)

(Information on the recent Mineral Tenure Act amendments and the additional rights regarding the notification process for access to land for mineral exploration purposes, including new notice requirements)

This factsheet is for information purposes only and does not constitute legal advice. In the event of any conflict between this document and the Mineral Tenure Act and regulations or other applicable legislation, the provisions of the legislation will always prevail.

Additional Information

Q & A - Minerals and Private Land in British Columbia

Ministry of Energy, Mines and Petroleum Resources Landowner Notice
 

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