Claims FAQ - Mineral Titles

As per section 28 of the Mineral Tenure Act and section 4 of the Mineral Tenure Act regulation, a person who registers a claim acquires the available rights to minerals or placer minerals in the claim area that have not already been granted.

A recorded holder is responsible for knowing what mineral or placer mineral rights are available before acquiring a claim. A recorded holder does not acquire mineral or placer mineral rights that are already held by the holder of a legacy claim nor do they acquire rights over alienated land or other title that may include mineral rights such as a crown grant.  

See Information Update 7 - A Guide to Surface and Subsurface Rights and Responsibilities in BC.

Example, a free miner may acquire a mineral title that is partially or wholly over a valid existing crown granted 2 post mineral claim (crown grant). The free miner researches and determines the crown grant holds the rights to the gold and silver. The overlying mineral title holds all minerals as defined by the Mineral Tenure Act except the gold and silver held by the crown grant.

No.

Sand and gravel is not defined as a mineral under the Mineral Tenure Act. Apply for a Land Act tenure through FrontCounter BC for aggregate extraction on crown land. 

See Information Update 7 - A Guide to Surface and Subsurface Rights and Responsibilities in BC.

Contact Mineral Titles  if you have questions about your rights before proceeding.

Note: No mining activity may be done by the recorded holder until the recorded holder receives the permit, if any, required under section 10 of the Mines Act as per Section 14 (2) of the Mineral Tenure Act. Your work may be limited depending on the status of the area in question.

No.

When you acquire a claim, you are not authorized to build a cabin. However, you may apply for a Mines Act permit or a Land Act tenure to be authorized.

Note: When you apply for a Mines Act permit or a Land Act tenure you may be required to pay a bond. Contact your regional permitting office for further information.

No.

Access to your title requires a free miner certificate. To qualify for a free miner certificate a person must be at least 18 years of age. Children under the age of 18 are ineligible to be free miners and therefore may not enter onto a claim.

Acquisition of claims is done using an online application called Mineral Titles Online (MTO).

Step-by-step instructions are available via our branch MTO Help documents website. 

Cells range in size from approximately 21 hectares (457m x 463m) in the south, to approximately 16 hectares at the north of the province. This is due to the longitude lines that gradually converge toward the North Pole. 

One hundred cells are allowed per claim acquisition. The Mineral Tenure Act allows clients to select single or multiple adjoining grid cells. 
 

All claims, whether they are existing legacy claims or new cell claims, forfeit at midnight of the expiry (anniversary) date if not kept in good standing.

Register exploration and development work (SOW), or payment instead of exploration and development (CIL) to keep a claim in good standing. MTO must receive the event registration and payment before midnight of the good-to-date of the claim.

If either of these registrations is not completed, the claim forfeits at the end of the day on the expiry date of the claim.

If your claim forfeited, use MTO to find available ground to re-acquire the cell for a new claim.

When an existing cell claim forfeits (at midnight), the cell is open for registration at 10:00:01am the following day.

When a legacy claim forfeits, the overlying cell is immediately open for registration

The transfer of ownership in a mineral title is a 2-step process from one free miner to another. Once both steps are registered the transfer is complete.

1. Initiation of bill of sale  - registered by the seller
2. Completion of a bill of sale - registered by the buyer within 30 days of step 1

The expiry date of a claim does not change due to a transfer of ownership. A title that is acquired through a transfer of ownership (Bill of Sale) continues to carry its original expiry date with it to the new owner.

A free miner should carefully research a claim before purchasing.

Below is a list of some items to consider:

• Review the Good to Date of the claim 
• Review the title details
  • Look for a Complaint event registration
    • Contact the Mineral Titles helpdesk to verify the status of a registered complaint
  • Look for a Statement of Work (SOW) registration
    • Verify with the owner that the work report for each SOW registration has been submitted and approved. To confirm this information, email the Mineral Titles helpdesk with details.
    • Request copies of previously submitted/approved work reports from the current owner for your records.
    • If a claim is purchased from an owner that does not have an approved report (including amended reports), the Chief Gold Commissioner may order the cancellation of all or a portion of the recording of the exploration and development under Section 29 or 33.1 of the Mineral Tenure Act even after ownership has been transferred.
    • Once the ownership is transferred, it is the new owner’s responsibility to make sure exploration and development work (SOW) or payment instead of exploration and development (CIL) is filed to keep the claim in good standing.

Submit a copy of the death certificate, the Will, and contact information for the executor or administrator of the estate to Mineral Titles.

Mineral Titles will transfer all valid titles of the deceased into the Estate. The date of death of the recorded holder and the status of the title will determine what next steps. Our office will advise the executor/administrator of any requirements to keep the status of the title(s) in good standing.

The executor of the Estate may request the transfer of the title(s) to another free miner by written request.

To maintain a claim beyond the expiry date, register either exploration and development work, or a payment instead of exploration and development.

Section 8 of the Mineral Tenure Act Regulation (MTAR) describes registering exploration and development for a claim.

Section 10 of the Mineral Tenure Act Regulation describes registering payment instead of exploration and development. 

This is a two-step process:

1. Registering the work in MTO
2. Submitting the work report to mineral titles

Yes. Register Exploration & Development work within one year of the work being completed. 

Many statement of work events can be registered to a maximum of 10 future anniversary years from the current year.

The calculation is double the work requirement set out in Section 8 of the Mineral Tenure Act Regulation. Register payment instead of exploration and development on one or more claims in one cash in lieu (CIL) event in Mineral Titles Online (MTO).

Schedule B lists the fees.

Review Information Update #13 - Legacy Claim Conversion to Cell Claim.

A conversion registration cannot be reversed. Contact the Mineral Titles Branch before you register a conversion.

Review Section 6 of the Mineral Tenure Act Regulation and Information Update number #24 - Cell Status After Registration of an Abandonment or Reduction Event on a Cell Claim.

Reductions of a cell claim are registered in MTO.

The recorded holder of a cell claim may reduce the size of the claim in increments of whole cells. Legacy tenures, or titles registered prior to the Mineral Titles Online cannot be reduced.

Claims may only be reduced if they are in good standing. The reduced cells are not immediately available for acquisition.

Unfortunately, you cannot register the work.

Exploration and development work performed on cell claims must be registered before the registration of an amalgamation.

Amalgamation creates a new title. Thus, registration of the work conducted before the amalgamation event is not permissible.

Reversal of an amalgamation registration is not allowed.