BC’s Auditor General issues scathing report on Mount Polley disaster

BC's Auditor General Carol Bellringer has issued a critical report on the Mount Polley disaster. — Photo courtesy BC Auditor General

Here are some highlights from BC Auditor General Carol Bellringer’s report: 

The mining industry has a long history in British Columbia and continues to be an important source of employment for thousands of people. Government has stated its plan to continue to support and develop this industry by creating opportunities for new investment. However, the recent decline in commodity prices has left many mining companies struggling to survive. Regardless of whether the mining industry is experiencing growth or slow-down, protection of the environment needs to be ensured. This is only possible through strong regulatory oversight.

We conducted this audit to determine whether the regulatory compliance and enforcement activities of the Ministry of Energy and Mines (MEM) and the Ministry of Environment (MoE), pertaining to mining, are protecting the province from significant environmental risks. We found almost every one of our expectations for a robust compliance and enforcement program within the MEM and the MoE were not met.

We found major gaps in resources, planning and tools. As a result, monitoring and inspections of mines were inadequate to ensure mine operators complied with requirements. The ministries have not publicly disclosed the limitations with their compliance and enforcement programs, increasing environmental risks, and government’s ability to protect the environment.

During the course of this audit, these risks became a reality and disaster occurred when the tailings dam at Mount Polley failed – releasing approximately 25 million cubic metres of wastewater and tailings into adjacent water systems and lakes. It may be many years before the financial, environmental and social implications are fully known. We found over a decade of neglect in compliance and enforcement program activities within the Ministry of Energy and Mines, and significant deficiencies within the Ministry of Environment’s activities.

Overall, we concluded that compliance and enforcement activities of the two ministries are inadequate to protect the province from significant environmental risks. The independent expert panel for Mount Polley stated clearly that “business as usual cannot continue.” We reached a similar conclusion at the end of this audit regarding compliance and enforcement, and we have one overall recommendation.

• We recommend that the Government of British Columbia create an integrated and independent compliance and enforcement unit for mining activities, with a mandate to ensure the protection of the environment.

Given that the Ministry of Energy and Mines (MEM) is at risk of regulatory capture, primarily because MEM’s mandate includes a responsibility to both promote and regulate mining, our expectation is that this new unit would not reside within this ministry.

Read the entire report here.