Just before Labour Day weekend, B.C. approved a proposed expansion at Mount Polley mine, the site of one of the worst mining disasters in B.C.’s history.
Mount Polley mine, located in central B.C. and owned by Imperial Metals, plans to expand one of its pits, increase its waste rock storage and extend its lifespan until 2033. It is also raising its tailings pond dam by four metres, a change approved earlier this year.
The mine is infamous due to a catastrophic 2014 spill that dumped billions of litres of waste into the surrounding environment. Xatśūll First Nation is battling in court to halt the dam raising until a plan is reached with their consent.
So what does it mean that Mount Polley’s life has been extended? Read on.
Why did B.C. approve the Mount Polley expansion?
B.C. said its approval of the expansion comes after a year-long review by the Environmental Assessment Office. The decision opens the door for Mount Polley to extend its life and continue looking for opportunities to expand further.
In March, B.C. ministers allowed the gold and copper mine to enter the permitting stage of raising its tailings pond dam as an “interim measure” without calling for an environmental assessment.
In April, Xatśūll (pronounced hat-sooth) tried to stop the dam raising by applying for an injunction and a judicial review of B.C.’s decision to approve it without an environmental assessment or the nation’s consent. Both challenges were denied in the following months, but the nation is appealing the judicial review decision.
B.C.’s approval of the wider expansion aligns with the province’s recent push to fast-track industrial projects amid tensions with the United States.
B.C.’s approval “confirms exactly what Xatśūll First Nation has feared,” the nation said in an emailed statement. “The view of provincial regulators is that the Mount Polley mine can continue to expand without undergoing environmental assessment or obtaining Xatśūll’s free, prior, and informed consent.”
Xatśūll renews court challenge while Imperial Metals says approval is ‘good news’
On Aug. 4, 2014, a tailings dam breached, causing an estimated 25 billion litres of contaminated materials to gush into Polley Lake, Hazeltine Creek and Quesnel Lake, a source of drinking water and major spawning grounds for sockeye salmon. The mining waste sludge included nickel, arsenic, lead and copper, and contaminants can still be detected in Quesnel Lake more than a decade later. The mine continues to discharge treated water into Quesnel.
B.C. taxpayers covered $40 million in cleanup costs. Imperial Metals went to court last December, facing 15 charges under the federal Fisheries Act for the spill, but no judgment has been made yet.
A tailings dam at the Mount Polley mine failed in 2014, releasing 25 billion litres of toxic sludge into the surrounding environment. Now, Mount Polley plans to raise its tailings dam to enable continued operation of the mine. A request from Xatśūll First Nation for an injunction to halt the dam-raising was denied by a B.C. court earlier this year, but the First Nation is challenging that decision. Photo: Supplied by Phil Owens
Mining comes with environmental risks, and Mount Polley was the worst-case scenario. Kukpi7 (Chief) Rhonda Phillips told The Narwhal Xatśūll recognizes the need for mining, but it wants development that is “responsible, sustainable and carried out in partnership with Indigenous Nations.”
Brian Kynoch, President of Imperial Metals, said the expansion permit is “good news” for workers, community and First Nations. “We will be able to continue to provide good jobs and economic opportunities for the region,” he said in a press release.
He said the mining company plans to continue exploration and “look for opportunities for further extension of the mine life.”
In a release, the Ministry of Mining and Critical Minerals said a “careful assessment” of the expansion ensured the approval “meets B.C.’s high standards for environmental protection and public safety.”
What is the First Nation challenging?
There’s a bit of nuance here: B.C. approved the mine’s application for four-meter dam raising earlier this year, separately from its application for the expansion. The dam raise was considered to be allowing existing operations to continue. That approval went ahead without an environmental assessment.
But the mine was also applying for the expansion of its Springer pit and waste rock storage, which had a year-long review from the environmental assessment office.
B.C.’s first decision — to go ahead with the dam increase without the nation’s consent or an environmental assessment — is what Xatśūll is currently challenging in court.
The court’s dismissal “seriously limits the level of environmental oversight and protection of Aboriginal rights and title” required by provincial regulators, Xatśūll said in a press release on Wednesday.
Outside the B.C. courts in April, Phillips told The Narwhal the nation is fighting the expansion going ahead without their consent — all while their land and water is still in recovery from the 2014 spill and faces other industrial activity. She said the nation wants a better idea of the remaining impact on the landscape and how long it will take to recover.
“There’s hardly any area to go hunting anymore,” she said.
Why does Mount Polley want to raise its dam?
Mount Polley Mining Corporation says raising the dam is “a normal and necessary part of operating any mine that stores tailings using a dam structure.” In a web post, it says more space is needed as it produces more waste from more mining.
“The design meets or exceeds all regulatory safety standards,” the post reads.
The mine is testing dry stack tailings, which is exactly what it sounds like: waste is dried up and stacked. It is more expensive, but less likely to leak. On its website, the company acknowledges it “significantly” reduces the environmental impact compared to conventional tailings storage.
Mount Polley said the increase was primarily to accommodate more tailings, while B.C. said it was to accommodate spring flooding (called freshet).
Critics point out that Mount Polley proved catastrophic failure is possible, and argue B.C. is still understaffed and not doing enough monitoring, and needs to build that capacity to properly monitor tailings dam safety.
Critics have called on B.C. to close loopholes for avoiding environmental assessments by “splitting projects into smaller parts.” (By expanding mines over time, mining companies can vastly increase their footprint beyond what was covered in the initial environmental assessment.)
What are the implications of extending the mine’s lifespan?
Nikki Skuce, co-chair of the BC Mining Law Reform Network, told The Narwhal in an emailed statement that it’s better to extend the life of existing “brown field sites” rather than starting new mines — but it must be done responsibly and with consent.
She argued this can’t be done with a series of incremental amendments to permits; instead, she said, a package of proposed expansions should be assessed together.
“Most of us view the mine as a whole operation, not piecemeal and unrelated,” she said.
Skuce pointed out two reasons for the 2014 failure were tailings dam expansions built too high and narrow, and the mine’s location on unstable glacial till — the coarse, uneven deposits left behind by receding glaciers.
“The ground is the same. The same dam that was breached, repaired and filled again is now approved to be raised. How are the risks being mitigated?” she asked.
Nikki Skuce, co-chair of BC Mining Law Reform Network, pointed out Mount Polley has not yet faced repercussions for the 2014 disaster. She said expansions must be done with consent from local communities. Photo: Marty Clemens / The Narwhal
While each mine is approved in isolation, there are cumulative impacts to many mines operating in B.C. Abandoned and closed mines must continue to be managed for contamination in perpetuity — which basically means forever. The cost of remediation is often shouldered by taxpayers.
The BC Mining Law Reform Network published a recent report on B.C.’s most risky mines, and pointed out the province is storing about 2.5 billion cubic metres of tailings waste — which it said is enough to fill BC Place stadium 943 times.
The network calls for environmental assessments to be strengthened and mandatory when requested by First Nations or local communities on mines or major expansions. It also calls for mines to only be approved with consent from Indigenous Peoples, and for wet tailings to be prohibited, unless they can be proven to be safer than dry tailings.
B.C. has been pushing for expedition of major projects
In May, the BC NDP government passed Bill 15, the Infrastructure Projects Act, and Bill 14, the Renewable Energy Projects Streamlining Act. Bill 15 grants the provincial government broad powers to expedite pretty much any major infrastructure project, whether publicly or privately owned, while Bill 14 is meant to streamline renewable energy projects.
Former NDP MLA Melanie Mark — the first First Nations woman to serve as an MLA and cabinet minister in B.C. — condemned the legislation for “bypassing constitutionally protected and inherent First Nations/Indigenous Rights.”
B.C.’s current consultation process is already criticized by some as a box-checking exercise. Phillips called it “drive-by” consultation — and now leaders fear consent will be bypassed even further.
But disregarding Indigenous consent can lead to uncertainty and delays rather than acceleration by getting tied up in court battles for years, even decades. Courts have repeatedly recognized the constitutionally enshrined rights of First Nations. Indigenous leaders argue consent brings certainty, and lack of consent brings conflict and delays.
Just recently, B.C. enacted a new policy for issuing mineral claims not because it wanted to, but because it was court-ordered to do so, since the court found the system of staking claims without consultation breached the government’s duty to consult.
Skuce said B.C.’s push for deregulation goes back further than this year.
“While not associated with Bill 15, over the last couple of years, the province has tended to evade environmental assessments for mine expansions,” Skuce said.
“Environmental assessments are a planning tool and way to bring in science and local knowledge to best evaluate risks and mitigate impacts,” she argued.
“Avoiding them doesn’t result in British Columbia having a responsible mining sector.”
