Drilling down on the details: Tips for avoiding delays in British Columbia’s permitting process

British Columbia is widely recognized as a key jurisdiction for mineral exploration and development, offering significant mineral resources together with a well-established regulatory framework. Nevertheless, the time required to secure necessary permits and authorizations can often become a concern, or even a source of frustration, for mining proponents seeking to advance their projects.

Whether submitting a “Notice of Work” application, applying for a “Mines Act” permit, or undertaking the environmental assessment process, navigating the province’s permitting process is a crucial step towards the successful development of a project. It is important for proponents to recognize that permitting timelines can be influenced by several factors, and while delays in the permitting process may arise from regulatory procedures, they can also be the result of a proponent’s deficient application or the failure to adequately consider and address the potential impacts of a project.

In this article, we offer a few tips and insights into streamlining the permitting process for mineral exploration and development in B.C.

Use available tools

It is important for mining proponents in B.C. to be familiar with and utilize tools and resources available to them. One such example is the Mines Digital Services (MDS) system being developed by the province’s Ministry of Mining and Critical Minerals as an initiative to modernize and streamline various processes for B.C.’s mining sector.

The MDS system includes the “MineSpace” platform, which provides several notable functions that proponents should be aware of, including the ability to (i) access mine permits and inspection histories; (ii) submit applications, incidents, and reports; (iii) check the status of submissions; (iv) manage files associated with submissions; and (v) receive in-app notifications regarding activity updates. Notably, miners are now able to receive digital credentials for their Mines Act permits directly through MineSpace, providing a streamlined way to verify the status of a permit.

Used effectively, tools such as MineSpace can help reduce administrative delays and improve communication between proponents and regulators, not only during the permitting process itself, but also throughout the lifecycle of a project.

Understand the applicable legal framework

An in-depth knowledge of the relevant legal framework is important for the preparation of successful permit applications, as it helps proponents understand the rationale behind the authorizations and decisions by regulators.

The primary legislation governing mining activities in B.C. is the “Mines Act,” which applies to all stages of a mining project, from exploration and production to reclamation and closure. Before commencing any work on, in, or about a mine, permits must be issued under the Mines Act and, as part of the application process, proponents are required to detail the proposed work as well as plans for conservation and reclamation. Alongside the “Mines Act,” the “Health, Safety, and Reclamation Code” acts as a primary tool for the mining industry, setting out detailed regulatory standards for worker health and safety, environmental protection, and site reclamation, while the “Environmental Management Act” plays a significant role in regulating waste from mining activities. Proponents should also be aware of other provincial acts and regulations, including the “Land Act, Forest Act, Wildlife Act, and the Water Sustainability Act,” which may also apply to a mining project either now or in the future.

In addition to the legislation noted above, proponents should be mindful of any ongoing negotiations with Indigenous groups, including treaties or other agreements, in addition to Indigenous rights or title that has been asserted over the lands comprising a project, any of which may influence applicable consultation requirements associated with the permitting process in question.

Plan for early and ongoing consultation

Since every project is unique, with its own set of issues of importance to stakeholders, mining proponents in B.C. should always seek to engage in a process of effective and meaningful consultation. Consultation with Indigenous groups and stakeholders is not only key to building project support but is an integral part of responsible mining and consequently influences the timely approval of permit applications.

Key strategies for engaging in meaningful consultation include the following:

(i) engaging with Indigenous groups and other stakeholders early in the planning stage (even prior to any formal consultation); (ii) committing to open and transparent communication throughout a project’s lifecycle; (iii) regularly updating stakeholders on developments while promptly addressing concerns; and (iv) demonstrating commitment through timely action on community interests and the mitigation of potential impacts.

Take a proactive approach on quality submissions

Lastly, to streamline the process overall, it is important for proponents to prioritize the preparation of comprehensive, high-quality application materials, and to adopt a proactive approach to permitting. This includes planning applications well in advance of any intended operations and carefully considering relevant factors, including the project’s location and description, environmental conditions in and around the project, and potential impacts to the project area and the interests of stakeholders. 

Robin Longe is a partner in Dentons Canada LLP’s corporate group and acts as co-leader of the firm’s national mining group. Alexander Tatti is an associate in the corporate group of Dentons Canada LLP’s Vancouver office.