Mining, Culture, and Compromise in Canada

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The Mineral Land Reserve (New Prosperity) Regulation, issued by the Chief Gold Commissioner of the Ministry of Mining and Critical Minerals, establishes a mineral land reserve over a designated area in British Columbia. This reserve is governed by the Mineral Tenure Act and its regulation under section 22.

The reserve applies to all minerals and placer minerals in the area identified by site number 1007089, known as New Prosperity Mineral Titles No. 4, for a defined reserve period lasting from the regulation’s commencement to March 31, 2026. Within this period, mining activities are strictly prohibited. Specifically, no free miner is allowed to engage in any mining activities within the reserve area, ensuring the protection of the land from such activities during the reserve period.

The regulation defines several key terms, such as “affected claim” and “affected lease,” which refer to claims and leases located within the reserve boundary. These terms help clarify which land interests are subject to the regulation. “Land” in this context includes not only terrestrial areas but also foreshore and land covered by water, reflecting the diverse nature of the land involved.

Furthermore, the regulation specifies the financial aspects related to the reserve. Taseko Mines Limited, a company affected by the reserve, is eligible for a refund due to payments made under the Mineral Tenure Act in relation to the affected claims and lease. Specifically, Taseko Mines Limited may receive a refund of $406,405.55 for amounts paid in 2024 under section 29(a) concerning the claims and $68,580.00 under section 50(1) for the lease. These refunds are directly linked to the establishment of the reserve and the limitations it imposes on the ability to conduct mining activities within the affected areas.

Overall, the regulation ensures that the New Prosperity area remains protected from mining activities during the established reserve period while addressing the financial impacts on stakeholders such as Taseko Mines Limited.

Taseko’s New Prosperity property, located in south-central British Columbia, is home to one of Canada’s most significant copper and gold deposits. However, it is also situated in an area of cultural importance to the Tŝilhqot’in Nation, specifically Teẑtan Biny and Nabaŝ. In late 2019, Taseko and the Tŝilhqot’in National Government began confidential discussions, facilitated by the Province of British Columbia, to find a long-term resolution to the conflict surrounding Taseko’s proposed copper-gold mine. These talks acknowledged Taseko’s commercial interests alongside the Tŝilhqot’in Nation’s opposition to the project. As part of the process, the parties agreed to a series of one-year standstills starting in December 2019, temporarily halting certain litigation and regulatory matters concerning the area. The standstill agreement was extended for a fourth year in December 2022, allowing more time for negotiations. By 2023, while tangible progress had been made, the dialogue was still ongoing, with both parties expressing optimism about reaching a final, mutually acceptable resolution that would contribute to Canada’s broader goals of reconciliation with Indigenous peoples.

British Columbia (43/2025) April 2, 2025
Disclaimer: Insights are for informational purposes only and do not reflect RRI’s official position or constitute legal opinion.