A comprehensive plan for overhauling the mining regulations in the Yukon has stirred mixed reactions. The Yukon government and First Nations are in discussions to establish a framework for a novel mining law. Although the 30-page document under negotiation is not the actual law, it is viewed as a guiding roadmap by Math’ieya Alatini, the grand chief of the Council of Yukon First Nations.
Since 2021, the framework development has been predominantly secretive. However, a leaked copy of the document sheds light on the proposed changes. One significant alteration is the shift from the current system where mineral rights are automatically included in prospector claims to a new model where prospectors must apply for an “area of mineral exclusivity” to explore land for minerals. Subsequently, miners would seek mineral rights after conducting work on the claim, effectively ending the current free-entry staking system.
Moreover, the framework introduces provisions allowing enforcement officers to enter properties and seize evidence without a warrant in certain instances. It also outlines new penalties for violations, extending from monetary fines to potential cancellation of mineral rights.
Despite these proposed changes, some First Nations express dissatisfaction with the framework. Chief Dawna Hope of the First Nation of Nacho Nyäk Dun criticizes the document for not adequately addressing the need for transformative changes to respect their rights, especially in light of previous mining disasters and the prevalence of mining claims in their traditional territory.
Conversely, the Yukon Chamber of Mines has not been fully briefed on the draft framework and is not part of the negotiation discussions. Chamber president Jonas Smith emphasizes the importance of industry involvement in shaping the discussions to ensure realistic and competitive outcomes for the jurisdiction.
While the implementation of any new legislation is distant, Alatini stresses the significance of the framework, cautioning that any future government should consider the extensive collaborative effort put into its development. Adherence to the framework is seen as essential, regardless of the political landscape following the upcoming territorial election.