Julio Mejia and Elmira Aliakbari are analysts at the Fraser Institute.In a policy reversal, Premier David Eby recently announced his government will not suspend the province’s Declaration on the Rights of Indigenous Peoples Act (DRIPA), which has helped create mass uncertainty in British Columbia’s mining sector. But with mining investment already in long-term decline, investors require a clear and predictable policy framework, which provides certainty over land use and property rights.The BC government adopted DRIPA in 2019 to take “all measures necessary” to align its laws with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Currently, BC’s legal framework allows mining companies to “stake” claims on Crown land through an online registry, granting exclusive exploration rights without indigenous consultation. Last December, the BC Court of Appeal found that this conflicts with DRIPA.Mining industry leaders have warned that the court ruling may discourage investors, as it implies that future exploration claims may require indigenous consent, which adds uncertainty and costs, especially in areas with overlapping land claims and multiple First Nations. Premier Eby — who sat on the cabinet that introduced DRIPA and, as attorney general, drafted its interpretation — has promised to amend DRIPA. But that’s cold comfort to investors. Indeed, according to the Fraser Institute’s 2025 survey of mining investors — conducted before last December’s court ruling — 72% of respondents said uncertainty over protected areas in BC deterred investment in the province, compared to just 15% in Alberta. And 70% said disputed land claims deterred investment in BC compared to just 17% in Newfoundland and Labrador. This uncertainty helps explain why, despite ranking twelfth globally for mineral endowment, BC ranks thirty-first (out of 68 jurisdictions) in terms of policy, making it the third-worst performing province, ahead of only Nova Scotia (thirty-second) and Manitoba (thirty-ninth)..Not surprisingly, mineral claims in BC declined by 29% in 2025, and the total area covered by those claims decreased by 61% (compared to the average of the past seven years). And according to the Association for Mineral Exploration, compared to 2024, a smaller portion of total investment in 2025 was directed toward discovering new mining projects.Beyond this slowdown in exploration, the broader trend is even more concerning. Despite rising global demand for minerals, investment in BC’s mining sector has fallen from a peak of $3.3 billion in 2012 to $2.0 billion in 2024 — a decline of more than 40% (inflation-adjusted). Less investment translates into fewer mining projects, fewer jobs, and fewer economic opportunities in a sector that is among the largest employers of indigenous peoples. In 2022, 150 businesses affiliated with First Nations provided $520 million in goods and services to BC mining operations — a figure that could reach $1.4 billion annually with new projects.If Premier Eby is serious about revitalizing the mining sector, his government must repeal DRIPA. The province needs a clear, predictable regulatory regime that protects property rights, attracts investment and expands opportunities for all British Columbians, including First Nations.Julio Mejia and Elmira Aliakbari are analysts at the Fraser Institute.
