Indian Mining Regulations: A Study to Advance Mining on First Nation Title Lands
Indian Mining Regulations1 were adopted in 1954, first revised in 1961 and amended in 1968 as a means to promote mineral resource development on First Nation Reserves where the First Nation held title to mineral resources. Discussed are the Indian Mining Regulations in light administrative law, and second their deficiencies in relationship to Saskatchewan2 and Ontario3 mining law and administration. Lastly it is recommended that a critical review of mineral resource potentials, exploration, mine permitting and environmental monitoring be established prior to a revision process of the existing Indian Mining Regulations, or creation of new regulations that can be developed under the First Nations Commercial and Industrial Development Act4 for mineral resource development on First Nation Reserve and Treaty Land Entitlement Lands.
Indian Mining Regulations, Mineral Title, Oversight, Administrative Law
1 C.R.C., c. 956.
2 Crown Minerals Act, 1985, C-50.2, & Mineral Resources Act, 1985 M16-1
3 Mining Act, R.O.S. 1990, M.14 & Mining Tax Act, R.O.S. 1990, M.15
4 S.C. 2005, c. 53.
Abstract: Through collaborative First Nation, Inuit and Métis community driven research and directed education with appropriate Faculty at the Aboriginal Mineral Resources Centre the goal is to address challenges related to Mineral Resource Development and the intersection of Aboriginal and Treaty rights. This is founded on collaboration between the related Natural Resource, Business, Arts, Health and Law units at UBC. In addition to Graduate research, emphasis will be placed on First Nation, Inuit and Métis Undergraduate recruitment into the Bachelor of Applied Science Mining Engineering programme through linkages with regional colleges and other Universities that do not have a mining engineering degree. To complete the knowledge exchange, the AMRC sees value in developing specific online and seminar courses that can be delivered to Natural Resource and Economic Development Officers in First Nation, Inuit and Métis communities and Government related the Mine Life Cycle. Lastly, to drive and showcase this process, it is anticipated that there will be an annual symposium, which brings together AMRC Members, students, Aboriginal communities and the mining industry collaborators. The Centre will be managed by an Executive Committee (comprised of representatives from UBC and its collaborating units) and supported by an Advisory Council (comprised of representatives from collaborating First Nation, Inuit and Métis Communities, and Industry).
Full Paper: Aboriginal Mineral Resource Centre: A Concept Paper (PDF)
7 Critical Areas: Unconventional Oil and Gas and First Nations throughout the Duvernay Foundation: Research and Engagement
Technical Journal: http://www.fnresources.com/resources/elements (LNK) (see page 18)
To help First Nations in British Columbia learn about mineral occurrences surrounding their communities, this project includes 201 maps that show each BC First Nation together with its matching mineral occurrences.
There are 201 First Nations and 1709 reserves in BC (Aboriginal Canada Portal,2011). See: First Nations in British Columbia distribution (Aboriginal Affairs and Northern Development Canada, 2011).
British Columbia lies in the Cordilleran Oregon, which resulted from collision between continents and crustal plates. The BC Cordillera is made up of five belts: Insular: ancient volcanic and sedimentary rocks, Coast: granitic rocks, Intermontane: ancient to Recent volcanic and sedimentary rocks, Omineca: pre-existing sedimentary rocks, and Foreland: ancient sedimentary rocks. The geological characteristics determine the mineral resources in each belt. See: Rock types, mineral deposit and BC mines and major exploration projects (Ministry of Energy and Mines and Responsible for Housing, 2010).
GeoBC is a government–wide organization which provides geographic data and information services to the public. The Ministry’s Online Internet Mapping System (iMap) was used to create maps containing information for this project, by overlapping the MINFILE mineral occurrences database layer on First Nations reserves.