Imperial Metals receives favourable Polley court ruling

Executive Summary

• The Supreme Court of British Columbia dismissed the Xatsull First Nation’s injunction and judicial review, allowing Imperial Metals to continue constructing a four‑metre lift on the Mount Polley tailings storage facility (TSF).
• The court affirmed that provincial approvals were reasonable and that adequate consultation with Indigenous groups had been undertaken.
• While construction can proceed, the mine still requires a pending permit amendment; any delay in that process could jeopardize operations.

Key Details

• Court Decision: Dismissal of Xatsull First Nation’s application for injunction and judicial review concerning two provincial approvals for the TSF lift.
• Regulatory Findings: Provincial decisions were deemed reasonable, fairly made, and supported by sufficient Indigenous consultation.
• Operational Impact: Imperial can now continue building the four‑metre TSF raise and may begin depositing tailings that rely on this raise.
• Pending Permit Amendment: The mine’s continued operation still depends on a separate permit amendment; delays could force operational revisions or shutdown.
• Employment Significance: Mount Polley employs over 390 workers, underscoring its regional economic importance.
• Indigenous Statements:
• Willie Sellars (Williams Lake First Nation) welcomed the decision, citing job stability and community benefits.
• Brian Kynoch (President, Imperial Metals) highlighted reduced regulatory risk and reaffirmed commitment to ongoing consultation with Indigenous partners.

Notable Quotes

“We support and hold up the court's decision to dismiss the petition,” – Willie Sellars, Chief, Williams Lake First Nation.

“Well‑considered decisions made by expert regulatory authorities… help reduce risk and uncertainty for our workforce and their families,” – Brian Kynoch, President, Imperial Metals Corp.