As a university student, Todd Stone put himself through school working each summer as a “dirtbagger” for a Placer Dome mineral exploration crew.
That first-hand experience comes in handy, now that Stone is the new president of the Association for Mineral Exploration (AME), which is gearing up for its big annual Roundup conference in Vancouver, January 26 to 29.
“It was kind of full-circle for me, because I put myself through university back in the day by working the summers in mineral exploration,” Stone said in an interview.
Stone was appointed president of the AME in August. But it wasn’t his experience in mineral exploration that got him the top job at AME – it was his political experience.
Stone spent nearly 12 years in the B.C. Legislative assembly as a BC Liberal MLA for the BC Liberal Party, and served as Minister of Transportation.
That experience is useful in navigating the corridors of the B.C. Legislature, where the government is trying to walk a tightrope of promoting mining without infringing Aboriginal rights.
Navigating the policy landscape
Some of the issues facing the sector in B.C. are related to First Nations, including DRIPA (Declaration on the Rights of Indigenous Peoples Act) and changes to the Mineral Tenure Act.
Stone said it is an exciting time to be in the exploration and mining sectors. There is a sense of optimism in those sectors, as governments in Canada and the U.S. embrace critical minerals as the new oil.
“There’s just such a unanimity of purpose right now — the big ambitions of governments to accelerate getting these resources out of the ground and off to markets,” Stone said. “There’s a lot of buzz and excitement in the sector.”
In September, Stone attended a precious metals summit in Beaver Creek, Colorado, where investors from around the world showed a keen interest in B.C.
“British Columbia is definitely on the radar screen,” he said.
Investors do have questions, however, about B.C.’s regulatory landscape, and the uncertainty over who has the final say over land over resource extraction – the B.C. government or First Nations.
“There is a very complicated policy landscape in this sector right now,” Stone said.
The AME represents 6,500 members, from prospectors to large mining majors, as well as professionals in the legal and financial side of the mining industry.
“The number one issue for our members always has been, and always will be, access to land,” Stone said.
“If our members can’t access land, they can’t do their jobs. You’re not going to find the minerals, and you’re not going to have mines 15 years from now.”
Claims drop as rules change
In 2022, B.C. had record spending of $740 million in mineral exploration. While it has remained relatively strong since then, mineral claims filings are down. This may be attributed to changes to the Mineral Tenure Act.
As a result of a court challenge, the B.C. government was obliged to implement a new system, in which First Nations must be notified of new claim filings. This can cause delays in getting claims registered, as there is now a duty to get responses from First Nations.
“There’s been a big drop-off in the number of claims that are being registered in the province, which is concerning,” Stone said.
The AME has also raised concerns over the province’s ambition of designating 30% of B.C.’s land and water as parks or protected areas, which would necessarily sterilize these areas against industrial activities, like mining. Currently, about 16 per cent of B.C. is protected as a provincial or national park or conservation area.
The DRIPA dilemma
The AME is also concerned about a recent court decision that gives DRIPA a legal force that was never intended.
As an MLA, Stone voted in favour of DRIPA’s adoption. But a recent court case has demonstrated the act is having unintended consequences.
In December, the BC Court of Appeal ruled that DRIPA is not just a roadmap or policy framework, but has the force of law. The ruling was in relation to the Gitxaala First Nation’s court challenges to the Mineral Tenure Act.
The court decision means the province must interpret its own laws and regulations in a way that is consistent with DRIPA, or the courts can intervene.
“That was never, ever the intent of the DRIPA legislation when it was brought in,” Stone said. “The intent was to create a pathway or a framework at a high level to facilitate the collaboration between First Nations and stakeholders.”
The B.C. government has said it will amend DRIPA, and the AME has made recommendations for those amendments.
“We’ve said, if there is a way to substantively amend the legislation to return it to its original intent, then let’s do that.”
Planning the Northwest
Another major change in the works that has the AME both hopeful and concerned is a new land use plan for northwestern B.C. – an area totalling 16 million hectares.
Last summer, the B.C. government announced a new land use plan for the Northwest that involves five First Nations: Tahltan, Taku River Tlingit, Kaska Dena, Gitanyow and Nisga’a.
The B.C. government is hoping to establish more clarity on jurisdiction for the Golden Triangle, where billions are being invested in new mines.
As part of the planning process, new mining-tenure registrations were paused for about one-third of the area for one year. The new plan is expected to be finalized by the summer, though there could be some delays.
The plan is intended to identify where resource extraction can take place, and where it might be off limits.
“There’s going to be winners and losers,” Stone said. “We’ve got a bunch of members that may wake up the morning that this is announced…and find they’re in a conversation area.”
The AME is recommending grandfathering for companies that may have already invested in areas that may suddenly become off limits to resource extraction.
“What we’ve said is: government’s approach should be to carve out any of our members that have invested money,” Stone said.
Fortunately, Stone said the B.C. government has been receptive to the AME’s concerns over the regulatory landscape, and is taking them to heart.
“They’re listening,” he said.
“If we can get it right at the policy level, when it comes to exploration, we’re going to have a much greater chance of being successful in our ambition when it comes to being a critical mineral superpower in the world and a reliable ally.”
Nelson Bennett’s column appears weekly at Resource Works News. Contact him at [email protected].
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