Mineral Titles Landowner Notification
Section 19 of the Mineral Tenure Act requires a person to serve prior notice to the owner of private land who is not the Province, before any access or mining activity is proposed. This includes owners of surface leases of Crown land, as well as all privately owned land.
The Landowner notification form meets the requirements detailed in Section 2.1 of the Mineral Tenure Act Regulation.
Once properly filled out, delivery of the notice can be:
- mailed to the landowner’s mailing address
- emailed to the landowner’s email address
- faxed to the landowner’s facsimile number
- hand delivered to the landowner
Where a person has made reasonable efforts to serve notice but has been unsuccessful in doing so, the Chief Gold Commissioner may exempt a person from the notice requirements. A person seeking exemption must apply in writing to the Chief Gold Commissioner and provide evidence supporting the application.
No mining activity or access may occur on the surface of private land until 8 days after, and within 12 months of serving notice.
A free miner, recorded holder or any person acting under their authority is liable to compensate the owner of a surface area for loss or damage caused by the entry, occupation or use of the surface of private land.
If a landowner and a person who served notice, cannot agree on terms of access, either or both parties, or any other person who has a material interest in the dispute may apply to the Chief Gold Commissioner for dispute resolution.
If the Chief Gold Commissioner is unable to resolve a dispute, either or both parties may apply to the Surface Rights Board of BC. The Surface Rights Board has authority, under Section 19 of the Mineral Tenure Act, to issue orders to determine terms and conditions of access, and compensation for disturbance and damages.
The Chief Gold Commissioner must sign an application to the Surface Rights Board indicating that the Chief Gold Commissioner has used their best efforts to attempt to settle the dispute.
Costs related to determining the ownership of land and serving notice can be used to satisfy exploration and development work requirements for claims. The costs may be registered on the claims where the landownership and notice work was done. If a landowner notification is conducted prior to acquiring a claim, this notification work is eligible for registration on any subsequently registered claim of the private land.
Please review and follow the procedures to assist in determining the location of private land and Land Act leases and the contact information of owners.
Details on functions and use of the online tools are included in the pamphlet Notice for Access on Private Land – Information for Free Miners and Mineral Title Holders. This pamphlet also details the changes to the Act and Regulation, describes the rights and obligations of miners regarding access to private land and suggests methods for determining landownership and serving notice on landowners.