Xatsull Appeals Dismissal of Judicial Review Petition Relating to Mount Polley Tailings Storage Facility Raise

Executive Summary

• Xatsull First Nation filed a notice of appeal seeking to overturn the dismissal of its petition challenging provincial decisions that amended Imperial’s Mount Polley tailings‑storage‑facility (TSF) permit.
• The appeal does not affect the injunction order, allowing Imperial to continue construction of the TSF raise to 974 m and maintain normal mine operations.
• Imperial’s President reaffirmed confidence in the court’s dismissal and reiterated commitment to collaborative Indigenous relations and responsible environmental practices.

Key Details

• Notice of Appeal: Filed by Xatsull First Nation on September 3, 2025, targeting Justice Tammen’s August 6, 2025 dismissal of Xatsull’s petition for judicial review.
• Underlying Decisions Challenged:
• Consent for Material Alteration issued March 27, 2025 by the Minister of Mining and Critical Minerals (MCM) and Minister of Environment and Parks.
• Permit amendment by MCM’s Major Mines Office Deputy Chief Permitting Officer on the same date, raising the Mount Polley TSF to a height of 974 m.
• Respondents: Minister of Mining and Critical Minerals; Minister of Environment and Parks; Deputy Chief Permitting Officer, Major Mines Office; Mount Polley Mining Corporation.
• Operational Impact: The appeal does not contest the injunction order, meaning Imperial may complete construction of the TSF raise and continue normal operations at Mount Polley under existing authorizations.
• Company Statement (Brian Kynoch, President):
• “We believe Justice Tammen’s decision to dismiss the Petition was a carefully considered and thoroughly supported decision… Nonetheless, we continue to be committed to working collaboratively with Xatsull and other Indigenous communities and conducting our operations in an environmentally responsible manner.”
• Forward‑Looking Statements: Include expectations regarding construction progress of the TSF lift, outcomes of ongoing legal/regulatory processes, and continued engagement with Indigenous communities.

Notable Quotes

“We believe Justice Tammen’s decision to dismiss the Petition was a carefully considered and thoroughly supported decision… Nonetheless, we continue to be committed to working collaboratively with Xatsull and other Indigenous communities and conducting our operations in an environmentally responsible manner.” – Brian Kynoch, President, Imperial Metals Corporation.