What is an ELUA order?
Imagine you’re working at your local coffee shop licenced only to sell coffee and pastries. Without warning an order is passed that says, no coffee or pastries are allowed to be sold in your neighbourhood. The coffee shop is still allowed to be there, the owner is still paying the rent, however, the main way they make money is no longer possible.
Environmental and Land Use Act (ELUA) orders are a similar scenario however, they are affecting all forms of exploration and mining work and workers in this industry across approximately 7 million hectares of land (which is 7.33% of the province). There are currently 8 active ELUA orders throughout the province, some have been renewed or extended. The BC Government uses Section 7 of this act to pass orders with the stroke of a pen in an Order in Council (OIC) that can shut off mineral exploration.
The impacts vary from restriction on new registrations of mineral/placer claims, issuance of coal license, and sometimes a full moratorium on all exploration and mining activities. Timelines are decided by the OIC and can be renewed by a further OIC. At no point is consultation with tenure holders, industry, or stakeholders required. As a result, ELUA orders create greater uncertainty towards mineral exploration and mining work.
For those familiar with mineral tenure, you must work the land or pay to continue holding it. In cases where claim holders are no longer allowed to work on their tenure they may apply for a pause on payment with the Chief Gold Commissioner. However, the message is clear, your project is not wanted in this province.
This is bad policy and a bad message to send to the investment community. AME continues to call for the use of existing tools like the Mineral Claims Consultation Framework (MCCF) to meet the Section 35 consultation obligations of claim staking and to avoid placing moratorium on the exploration industry. Furthermore, we suggest removing all existing ELUA orders and amending the legislation to curb it’s use in such a draconian and untransparent way.
ELUA orders currently impacting mineral exploration:
(NW) Northwest and (NC) Northcentral Mineral and Coal Deferral Area – The two Orders in Council (OIC) have been approved and ordered last June 3, 2025, to support the land use planning in the northwestern and northcentral parts of BC. Over 5 million ha or 5.37% of BC prohibits new registration of mineral/placer claims and new issuance of coal licenses. The end deferral date was set to end this June 3, 2026, however, the government has extended the deferral period until January 31, 2027.
(SE) Southern Incomappleux Designated Area– There are 70 mineral tenures or 8 organizations in this area. No registration for mineral/placer claims in this designation. The ELUA order was initially established in the OIC 365/2023 and repealed after 2 years, which was on June 19, 2025. However, on June 3, 2025, before the expiry, the province established a No Registration Reserve under the Mineral Tenure Act for the Southern Incomappleux Valley (Site 1007087). The same restrictions apply, however, the next set date of ending is on June 30, 2027.
(NW) North Coast Deferral Area – This ELUA is set to end on June 12, 2027. Only existing tenure holders are currently allowed to work on existing claims and no new registration is allowed for new mineral and placer claims. The area consists of 35 mineral tenures held by 8 organizations.
(SW) Ehattesaht Hay-na Mineral Deferral Area and (NW) Lax K’naga Sts’ool Mining Deferral Area (Banks Island)
The Ehattesaht Hay-na Mineral Deferral Area ELUA and the Lax K’naga Sts’ool ELUA are set to end on February 21, 2029. The two areas consist of a total of 70 mineral tenures held by 15 organizations.
Restrictions include:
- 5-year moratorium on all mining activities, including handwork
- 5-year moratorium on new mining leases
- 5-year moratorium on new or amended permits under the Mines Act
- Indefinite pause on the registration of new mineral or placer claims without agreement by the respective Nations
(NE) Mountain Caribou Partnership General Deferral Area – There are 53 mineral tenures held by 6 organizations. The deferral end date is valid until June 19, 2029. During this period, no new mining permits may be issued and no exemptions are available. In addition, mining officials are unable to amend existing permits to authorize work within the deferral area.
(SW) Land and Resource (Teẑtan Area) Management Order – The deferral is in effect until May 31, 2035. No new mineral claim registrations under the section 6.3 of the Mineral Tenure Act are permitted during this period. Specific provisions apply to existing tenure holders, as set out in the OIC.
*All mineral tenure holders and organizations listed are data retrieved last February 2026.
AME members and those impacted by these ELUA orders are encouraged to reach out to us so that we can advocate on your behalf.