Dam failure spurs reform

The B.C. government is introducing legislative changes that it says will create more effective mine permitting and protect workers.

The changes, the province said Monday, result from lessons learned from the Mount Polley mine dam failure in 2014, as well as recommendations from B.C.’s auditor general and the Mining Jobs Task Force created in 2018.

“The COVID -19 pandemic has reinforced that health and safety must remain a top priority as we continue to build a strong economic recovery that works for people,” B.C. Minister of Energy, Mines and Petroleum Resources Bruce Ralston said in a written statement.

If the legislation is passed under the minority NDP government, a new chief permitting officer position will be created, separate from the chief inspector of mines. The chief permitting officer is meant to ensure the mine permitting process is efficient and effective.

The new position also separates the responsibilities for permitting, which allows a mine to open and operate, from health and safety and enforcement.

Changes also include strengthening investigation authority, clarifying offences, and increasing the period to initiate prosecutions under the Mines Act and the Environmental Management Act to five years from three.

The proposed changes will also formalize the creation of the mine audits and effectiveness unit, led by a chief auditor. This unit is meant to conduct audits to ensure mining regulation in B.C. is effective and aligned with global best practices.

There have already been significant legislative and regulatory changes since the catastrophic dam failure at Imperial Metals’ Mount Polley gold and copper mine in the B.C. Interior.

In 2016, the then-B.C. Liberal government introduced safety changes and limits to the steepness of dam slopes, issues identified in reports by a government-appointed engineering panel and the chief inspector of mines.

Other changes required that all mines must put in place an independent review panel of engineers, who must be approved by the chief inspector of mines.

In 2017, the B.C. Liberals introduced new administrative penalties that don’t require the more onerous process of applying for penalties in court. The maximum penalty was set at $500,000 for not complying with the Mines Act and mining regulations.

One of the largest mining-dam failures in the world in the past 50 years, the Aug. 4, 2014 collapse of Imperial Metals’ gold mine dam shook the industry and caused concern among the public, First Nations and environmental groups that aquatic life would be harmed, particularly salmon that use the Quesnel Lake system to spawn.

The tailings dumped into Quesnel Lake remain at the bottom of the lake. Studies on the effect are expected to continue for years.