Joint Detailed Permitting Plan
Fording River Extension Project

Document reference number: 444

March 2026

1. Introduction and Purpose of the Plan

The Governments of Canada and British Columbia recognize the importance of timely, transparent, and predictable regulatory processes for major projects that align with our economic and environmental objectives. Guided by our Impact Assessment Cooperation Agreement Between Canada and British Columbia, Canada and British Columbia work closely to advance assessment and permitting processes that are predictable, efficient, and achieve shared objectives.

The purpose of the Joint Detailed Permitting Plan (the Plan) is to describe each permit, authorization and licence (collectively referred to as ‘permits') required for the Fording River Extension Project (the Project) and the anticipated timing for submission and review of applications for each. The goal of this Plan is to increase predictability, certainty and transparency regarding the federal and provincial regulatory and permitting processes for the Project.

Given that Elk Valley Resources (EVR or the proponent) is pursuing a process for a coordinated impact assessment / environmental assessment (the assessment) of the proposed Project and concurrent permitting, the Plan provides an overview of the milestones and timelines for the respective assessments and permitting processes.

The Plan describes:

The anticipated federal permits that may be required to commence construction of the Project;
The provincial permits anticipated for all phases of the mine life cycle;
Known Indigenous and public engagement activities associated with the permits;
EVR's anticipated dates for submission of permit applications;
The permitting process timeline;
Roles and responsibilities of EVR, the Environmental Assessment Office (EAO), the Impact Assessment Agency of Canada (IAAC) and federal and provincial agencies to support an efficient regulatory process and to achieve target timelines and milestones;
Guidance on the information EVR must provide to inform permit applications; and
The purpose of each anticipated permit, and key issues identified during the assessment that each permit is expected to address.

Under Section 8 of the Impact Assessment Act (IAA), federal departments are prohibited from issuing permits unless IAAC decides an impact assessment is not required or until a positive decision statement is issued to the proponent by the Minister of Environment, Climate Change, and Nature. Under Section 8 of the BC Environmental Assessment Act (2018, (BCEAA), provincial decision-makers cannot issue an approval under another enactment to undertake an activity that is in whole or part a reviewable project until a valid Environmental Assessment Certificate (EAC) is in place. The proponent, however, may develop federal and provincial permit applications and/or apply for permits concurrently with the assessment. Information and consultation requirements for permitting decisions may be completed at the same time as the assessment and the same information may, in some instances, be used to inform both processes. Collecting and providing permitting information during the assessment process may expedite subsequent decisions, should the assessment decision be positive.

The Plan does not presuppose an outcome of any federal or provincial IAA, BCEAA or permitting decision.

The Plan will be updated by the EAO and IAAC, as necessary, based on a review of the Application submitted by the proponent that includes both federal and provincial requirements. Any subsequent revisions to this Permitting Plan will be made publicly available on IAAC's Canadian Impact Assessment Registry (Registry) and on EPIC. This Plan is not a legal document and does not change any existing federal, provincial, or Indigenous legislative or regulatory jurisdiction, right, power, privilege, prerogative or immunity by virtue, nor does it create any new legal powers, duties or legally binding obligations. While this document is meant to guide the federal and provincial permitting processes for the Project, it is not intended to be exhaustive, restrictive, nor legally binding on any of the parties. As such, nothing in this document should be considered to interfere with or fetter the discretion of regulators carrying out their responsibilities. Regulators' obligations and service standards are described elsewhere. In the event of any inconsistency between this plan and regulators' legal obligations, the latter shall prevail.

2. Project Description

EVR proposes the Project to extend the lifespan of its Fording River Operations (FRO), an existing coal mine near Elkford, British Columbia (B.C.) by expanding currently authorized mining operations to include Castle Mountain. As proposed, the Project would include project-specific components such as an open pit, waste-rock storage areas, warehouses, maintenance and fueling facilities, access roads, and linkages to existing FRO power and utilities. The Project would maintain FRO's production capacity of 10 million tonnes per year (27,400 tonnes per day) and is expected to operate over a period of approximately 34 years.

This project was known as the Castle Project when it was formerly proposed by Teck Coal Limited. The Detailed Project Description for the proposed project is available on EAO's Project Information Centre (EPIC).

3. Federal and Provincial Permits

Information about federal permits that may be required to begin construction can be found in Table 2 – Federal Permits that may be required to begin construction and Annex B - Detailed Milestones and Timelines for federal permits. Federal permits will be tracked on the public permitting dashboard on the Registry.

Information about provincial permits anticipated to be required for the life of the mine can be found in Table 3 – Provincial Permits anticipated throughout the life of the mine.

The lists of permits are based on information provided by the proponent, may not be exhaustive and are subject to change. The Governments of Canada and British Columbia may revise the plan to accommodate any changes to the Project or in response to new information from the proponent, federal departments and provincial ministries or other participants in the assessment or permitting processes. As such, future iterations of the Plan may have a different number of permits required for the Project. Proponents should be aware that other federal and provincial legislation or regulations may apply to their project, including federal permits that may be required during different phases of the Project lifecycle.

4. Engaging and Consulting with Indigenous Nations

The proponent is expected to begin engaging with Indigenous Nations as early as possible to establish meaningful relationships built on respect, trust, and collaboration. Refer to Guidance for proponents: Early engagement with Indigenous Peoples in impact assessments under the Impact Assessment Act - Canada.ca for additional resources. This includes Indigenous Nations that may be affected by specific components of a permit (i.e., affected based on the location of a fish habitat offsetting plan). Refer to the EAO's guidance and policy materials related to environmental assessments for resources related to incorporating Indigenous Knowledge in EAs and consensus-seeking under BCEAA.

The proponent is also encouraged to provide the required information to federal departments and provincial ministries as early as possible to allow these regulatory bodies to begin consulting with Indigenous Nations on permitting processes as early as possible.

Federal departments, along with the federal Crown Consultation Coordinator, will work together to ensure a collaborative and coordinated approach to consulting with Indigenous Nations. The federal Crown consultation coordination process will, with input from Indigenous Nations, aim to reduce the consultation burden and duplication for Indigenous Nations across regulatory and permitting processes.

Provincial decision-makers with authority to make decisions about provincial land or resources are responsible for ensuring appropriate and sufficient consultation. Where multiple provincial agencies have consultation obligations, efforts will be made to coordinate consultation. For example, the Major Mines Authorizations Guide provides information regarding how the Province coordinates authorizations processes for major mine operations, and describes British Columbia's duty to consult with First Nations and the role of Proponents in those processes.

The Joint Assessment and Engagement Plan (JAEP) describe the methods and opportunities that will be offered for meaningful engagement and consultation with Indigenous Nations who may be affected by the Project and statutory decisions throughout the assessment process.

The EAO and IAAC engage on the EA process with the Confederated Salish and Kootenai Tribes and the Kootenai Tribe of Idaho through the Technical Advisory Committee, consistent with the commitments made in Memorandums of Understanding between the Province and the Idaho Department of Environmental Quality (Environmental Cooperation Agreement) and the State of Montana (Environmental Cooperation Arrangement).

5. Coordinated Permitting Process

In response to engagement with Ktunaxa Nation Council Society and Yaq̓it ʔa·knuqⱡi'it, EVR has proposed, in their Detailed Project Description, that the Project occur in two stages, dividing the mine plan into two smaller stages based on footprint and schedule, with distinct north and south stages. Mining would progress for approximately two decades within Stage 1 in the northern half of the Project footprint.

EVR has stated that to support the continuity of the FRO mine, due to lack of permitted coal reserves, they require first coal from Stage 1 of the Project by December 2030. To meet this objective, EVR must start construction of Stage 1 in Q4 2028 and is seeking decisions by the responsible Ministers under Section 60(1) of the IAA and under Section 29(4) of the BCEAA and associated permit decisions in Q4 2028. Permits cannot be issued until positive IAA, and BCEAA decisions are made.

EVR anticipates submitting permit applications to authorize Stage 1, in Q1 2028 to enable permit decisions by Q4 2028 and facilitate coal production from the Project by the end of 2030.

Table 1 provides the anticipated permitting timelines for Stage 1, which includes:

Development of permit application information requirements by federal departments and provincial ministries in collaboration with Indigenous Nations concurrently with the development of the Application by EVR in 2026;
Development of permit applications by EVR from 2027 until Q1 2028 during Review and Revision of the Initial Application. The Initial Application should provide as much permitting-level information as possible, and indicate what information will be subsequently provided in the Revised Application;
The Revised Application should include, in one comprehensive document, information that fully responds to the information requirements for the joint Mines Act/Environmental Management Act application (joint application) to support efficient review by all parties;
Review of the Revised Application that includes permit application information prior to acceptance into the Effects Assessment Phase of the assessment. Review of the Revised Application has been extended to account for review of the additional permit application information required by this concurrent permitting approach;
Concurrent drafting of Application assessment materials, draft certificate, draft permits and recommendation reports during the Effects Assessment phase; and
Statutory decisions on all applications, including the Application and permits, in Q4 2028.

Consultation will occur throughout the coordinated process. At this time, EVR anticipates submitting provincial permit amendment applications for Stage 2 in early 2036 with approvals required by 2037.

For the purposes of planning a coordinated permitting process for Stage 2 of the Project, EVR has assumed that it will be in compliance with any EAC staging conditions and has made a positive business decision to proceed to Stage 2.

Construction necessary to start mining Stage 2 is currently planned to commence in 2044 with mining operations commencing in 2046. EVR anticipates submitting provincial permit applications for Stage 2 in early 2040s and potentially again in 2050s for the last phases of the Project (anticipated from 2057 to 2065).

6. Timeline of the Assessment and Permitting to support Project Construction by Q4 2028

Table 1 - Federal and Provincial Permit Timeline Summary

Table 1 - Federal and Provincial Permit Timeline Summary sets out an agreed upon timeline for obtaining the federal and provincial permits required to begin construction. The timelines are dependent on the information provided by the proponent and reviewers from provincial, federal and Indigenous organizations and is subject to change.

Table 1 - Federal and Provincial Permit Timeline Summary
Regulatory Requirements	2026			2027				2028
Regulatory Requirements	Q2	Q3	Q4	Q1	Q2	Q3	Q4	Q1	Q2		Q3	Q4
Impact Assessment Agency of Canada – Impact Assessment Act	Application Development (PT)				Review of Initial Application (RT)		Application Revision	Review of Revised Application (RT)		Impact Assessment (RT)		Decision
Environmental Assessment Office - Environmental Assessment Act	Application Development (PT)				Review of Initial Application and Issuance of Application Revision Notice (180-day max) (RT)		Application Revision (PT)	Review of Revised Application (RT)		Effects Assessment Phase: Assessment Report, Draft Certificate Development (150 days) (RT)		Referral and Decision
Department of Fisheries and Oceans – Fisheries Act Authorization	FAA Application Development (PT)						Submit Comprehensive FAA Application (PT)	Permit Application Review (RT)		Permit Drafting (RT)		Decision
Ministry of Mining and Critical Minerals Offices - Mines Act Ministry of Environment and Parks - Environmental Management Act And all other ancillary provincial permits/licenses/authorizations	Pre-application / Information Requirements Development (PT)			Permit Application Development for inclusion in Revised Application (PT)				Permit Application Review (Applications combined with Revised Application) (RT)		Permit Drafting (unlegislated timeline) (RT)		Decision
Legend:
RT: Regulator Time						PT: Proponent Time

To achieve the target of construction commencement in Q4 2028, EVR must:

In Q2 2027, submit their initial EAC Application (which also serves as the federal Impact Statement);
In Q4 2027, submit a comprehensive application for a Fisheries Act Authorization;
In 2026, develop an Information Requirements Table for a joint Mines Act and Environmental Management Act permit; and
In Q1 2028, submit the joint Mines Act and Environmental Management Act permit application such that sufficient permitting-level detail is provided in the Revised Application submission.

EVR roles and responsibilities throughout the assessment timeline, and engagement with EAO, IAAC, technical advisors and Indigenous Nations must follow the Joint Assessment and Engagement Plan.

7. Contact Information

During the assessment, the proponent should direct any inquiries to the following EAO and IAAC contacts:

British Columbia Environmental Assessment Office
PO Box 9426 Stn Prov Gov
Victoria, B.C., V8W 9V1
Email: EAO.FRX@gov.bc.ca

Impact Assessment Agency of Canada
1800–1138 Melville Street
Vancouver, British Columbia V6E 4S3
Telephone: 604-666-2431
Email: fording@iaac-aeic.gc.ca

The proponent should direct permit inquiries to the appropriate federal department and provincial ministries conducting the permitting processes.

Inquiries related to the coordination of federal permitting may be directed to the IAAC Permitting Coordination Team at permitting.coordination.permis@iaac-aeic.gc.ca

Table 2 – Federal Permits that may be required to begin construction

Information about federal permits that may be required to begin construction can be found in the table below. Please refer to Annex A – Additional Regulatory and Project Context for federal permits that may be required for subsequent phases of the Project.

Table 2 – Federal Permits that may be required to begin construction
Act and Regulatory Instrument Responsible Authority	Requirement Status & Overview	Anticipated Duration	Public Engagement Opportunities	Indigenous Consultation	Project Specific Information Requirements and Guidance
*Impact Assessment Act* Decision statement issued under s.65(1) of the Impact Assessment Act Impact Assessment Agency of Canada (IAAC)	Required IAAC has determined that an impact assessment is required for this project.	Federal decision: Up to 300 days plus 30 to 90 days after the submission of a complete Application (which also serves as the Federal) Impact Statement	Public consultation on impact statement and draft impact assessment report and potential conditions. Other public engagement activities as needed	Indigenous Nations to be engaged and consulted as detailed in the Joint Assessment and Engagement Plan	-
*Fisheries Act* Authorization under paragraphs 34.4(2)(b) and 35(2)(b) of the Fisheries Act Fisheries and Oceans Canada (DFO)	Required For any works, undertakings, or activities that are likely to result in death of fish and/or harmful alteration, disruption or destruction of fish habitat. It should be noted that DFO cannot authorize impacts to fish and fish habitat through the deposit of deleterious substances, as this is prohibited under section 36 of the Fisheries Act. For more information on the process please visit Project planning: Applying for a Fisheries Act authorization	Federal decision: Up to 24 months after application submitted The duration of certain key steps described in Annex B may vary depending on the proponent's response time.	None	DFO will consult with Indigenous Nations on potential impacts to their Aboriginal or Treaty rights prior to making a decision with respect to issuance of an authorization.	Ensure that the comprehensive application is consistent with DFO's Policy for apply measures to offset harmful impacts to fish and fish habitat include information on cumulative effects to water quality and fish habitat fragmentation. Comprehensive applications Except for the letter of credit, an application that contains most information required in the application submitted under the Fisheries Act and where: Information details are close to sufficient: The information detailed meets most of the information requirements set out in the description in the applicant's guide. Impacts on fish and fish habitat are clear: The information regarding existing habitat, project design and habitat impacts is detailed enough to define most of the magnitude, duration, and extent of project effects including impacts to species at risk. Offsetting details are provided: An application contains offsetting options that generally align with the Policy for Applying Measures to Offset. Specifically, offsetting options: Align with DFO's Policy for Applying Measures to Offset Are feasible and aligned with the impacts described in the application Demonstrate the proponent is aware of potential sites and that access to land is needed Demonstrate that fish habitat losses and gains are generally well understood Indigenous engagement is initiated: The proponent has reasonably demonstrated that engagement with implicated Indigenous groups is underway, and the result of these efforts are incorporated in the application, including with regards to offsetting. This may include a log of engagement efforts demonstrating the proponents' work in meeting with groups including meeting minutes, issues/concerns raised and the proponents' efforts made at addressing them.
Species at Risk Act (SARA) Permit or Agreement as per Section 73 Or Species at Risk compliant Fisheries Act Authorization Fisheries and Oceans Canada (DFO)	Potential Under SARA it is prohibited to kill, harm, harass, capture or take an individual of an aquatic species listed as endangered or threatened, damage or destroy the residence of the species or destroy any part of its critical habitat The Minister of Fisheries and Oceans may issue a permit authorizing an activity that would otherwise be prohibited, if affecting the species is incidental to carrying out the Act. If the proponent is also seeking a Fisheries Act authorization, the process to apply for a SARA permit can be combined with the regulatory process to seek a Fisheries Act authorization For more information visit: Permitting under the Species at Risk Act	Federal Decision: 3-6 months after application submission	None	During the review process and before the regulatory decision, DFO may undertake additional Indigenous consultations, as required.	-
Species at Risk Act (SARA) Permit or Agreement under Section 73 (if required) Environment and Climate Change Canada (ECCC)	Potential Under SARA it is prohibited to: Kill, harm, harass, capture, possess, buy, sell, trade individuals (SARA s.32) Damage or destroy the residence of one or more individuals (SARA s.33) Destroy any part of critical habitat for a listed species for which an order has been issued (SARA s.58) These prohibitions apply to species identified on Schedule 1 of the SARA as Threatened, Endangered, or Extirpated, on federal lands (unless otherwise instructed by an order) for terrestrial species (SAR Public Registry) and on all lands and waters in Canada for Species at Risk that are Migratory Birds (identified under the Migratory Birds Convention Act).The Competent Minister may issue a permit authorizing an activity that would violate the SARA prohibitions, if affecting the species is incidental to carrying out the Act. It is important for proponents to ensure their understanding of their obligations under SARA is current. Please note additional authorizations may be necessary if: An order under the SARA (e.g. s.58) is issued for a species at risk or its critical habitat. Over the course of the assessment, or after the assessment, additional species could be listed under Schedule 1 of the SARA, and a permit may be required for project activities that affect these additional species Proponents are advised to monitor for such development on the SARA registry (https://www.canada.ca/en/environment-climate-change/services/species-risk-public-registry.html ECCC welcomes focused and collaborative conversations between SARA Permitting Officers in ECCC regional offices and the Proponent if additional information is required.	ECCC encourages proponents to submit clear and complete permit applications at least 6-8 months prior to the anticipated start of activities that require a SARA permit. Submitting an application as early as possible in the impact assessment process allows opportunities to identify potential issues and consider solutions.	No engagement opportunities	During the analysis and before the regulatory decision, ECCC may undertake Indigenous consultation as required by s.73(4) and s.73(5) of SARA and the duty to consult under s.35 of the Constitution Act, 1982	Please refer to Project planning: Applying for a Species at Risk Act (SARA) permit administered by Environment and Climate Change Canada (ECCC) for additional information on the SARA prohibitions.
International River Improvements Act (IRIA) Notification of exception or License Environment and Climate Change Canada (ECCC)	Potential A license under the IRIA is required for any activity related to an international river improvement that has the potential to alter the natural flow (rate or water level) of an international river at the Canadian border. The proponent must determine whether a license is required under IRIA according to the International River Improvements Regulations (see section 3) and submit the relevant information (see section 6 and 7). International River Improvements Act: https://laws-lois.justice.gc.ca/eng/acts/I-20/ International River Improvements Regulations: https://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._982/page-1.html For more information, please contact the IRIA officer: LODACEI-IRIA@ec.gc.ca	-	No public engagement requirements under IRIA	Indigenous consultation only required in license case and is the responsibility of the federal authority.	-

Table 3 – Provincial Permits anticipated throughout the life of the mine

Provincial Act and Regulatory Instrument	Purpose and Key Issues addressed	Anticipated Duration	Public Engagement Opportunities	Indigenous Consultation	Project Specific Information Requirements and Guidance
*Mines Act* C-3 Permit^Footnote 1 BC Ministry of Mining and Critical Minerals (BC MCM)	Amendment to Fording River Operations (FRO) permit to authorize Project activities (e.g., Project pit, mine rock storage areas, water management structures, infrastructure and footprint) through construction, operations and reclamation. Authority for the construction, operation, and closure of the Project which includes the mine and associated ancillary infrastructure. Another authority for the construction, operation, and closure of new infrastructure to move the existing Kilmarnock Creek Clean Water Diversion further upstream may also be required. Manage for human health and safety, and reclamation activities on the mine site. Set financial security amount and requirements.	6 to 12 months after application submission	An applicant may be required to publish a notice of filing in the BC Gazette and in local newspapers.	British Columbia (B.C.) and Canada (for federal permitting) will consult with, and where necessary accommodate, Indigenous Nations in relation to land and resource decisions that have potential to adversely impact their Aboriginal Interests. Additional statutory requirements may apply.	Mines Act [RSBC 1996] Chapter 293 https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96293_01 Mine Permitting: https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/permitting Joint Application Information Requirements for Mines Act and Environmental Management Act Permits: https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/mineral-exploration-mining/documents/permitting/joint_application_information_requirements.pdf Health, Safety and Reclamation Code for Mines in British Columbia: https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/health-safety/health-safety-and-reclamation-code-for-mines-in-british-columbia
*Coal Act* Coal Lease BC MCM	Conversion of coal licences to coal leases within the Project footprint for long term production of coal.	-	-	Coal Act [SBC 2004] Chapter 15 (Section 18) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_04015_01 Coal Lease Application Requirements: https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/mineral-titles/coal-titles/leases-coal-titles Coal Act Regulation (Section 6) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/10_251_2004#section6
*Mines Act* Explosives Magazine Storage and Use Permit BC MCM	Amendment to FRO permit for storage and use of explosives. An Explosives Magazine Storage and Use Permit authorize a Proponent to build, maintain or modify a magazine. A magazine is defined as a building, storehouse or structure where explosive materials are kept or stored but does not include containers used for transporting explosives or day storage boxes. The Project will extend the timelines for storage and use of explosives at the Mine Site requiring an extension of the expiration date of the current authorization	-	An applicant may be required to publish a notice of filing in the BC Gazette and in local newspapers.	Mines Act [RSBC 1996] Chapter 293 https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96293_01 To apply for a Explosives Magazine Storage and Use Permit visit: https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/mineral-exploration-mining/documents/mineral-titles/permitting/explosives.pdf
*Environmental Management Act* Amendment to Waste Discharge Permit – Effluent (AMS424) BC ENV	Amendment to FRO permit to allow the discharge of water borne contaminants (effluent) into the Fording River watershed during construction (sediment control) and operations. Another authorization may also be required to allow the discharge of water borne contaminants (effluent) into the environment during construction (sediment control) and operation of a new Kilmarnock Creek Clean Water Diversion further upstream.	-	An applicant is required to give notice of their application as per the Public Notification Regulation. This may require providing notices to local governments and local resident and posting notices on site, in local newspapers and/or electronically. Specific requirements are generally provided in the Application Instruction Document.	Environmental Management Act (SBC 2003) Chapter 53 https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03053_02#section14 Waste Discharge Regulation (B.C. Reg 320/2004) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/320_2004 For information on the waste discharge authorization process, visit: https://www2.gov.bc.ca/gov/content/environment/waste-management/waste-discharge-authorization/process. To apply for a Waste Discharge Permit, visit: https://www2.gov.bc.ca/gov/content/environment/waste-management/waste-discharge-authorization/apply https://www2.gov.bc.ca/gov/content/environment/air-land-water/air/air-pollution/emissions/industrial Hazardous Waste Regulation (B.C. Reg. 63/88) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/63_88_00 More information and registration available on the B.C. government's website: https://www2.gov.bc.ca/gov/content/environment/waste-management/hazardous-waste/registration-of-hazardous-waste-generators-and-facilities.
*Environmental Management Act* Amendment to EVR's area-based Waste Discharge Permit – Effluent (AMS107517)	Amendment to area-based permit 107517 to allow the discharge of water borne contaminants (effluent) into the Fording River watershed, and the construction of Active Water Treatment Facilities and Saturated Rock Fills.
*Environmental Management Act* Amendment to Waste Discharge Permit –Air Emissions AMS1501 BC ENV	Amendment to FRO permit to allow the discharge of air borne contaminants into the environment. This may be required if the Project requires updated mitigations or monitoring from Project discharges to air.
*Environmental Management Act* Amendment to Waste Discharge Permit – Refuse (AMS7726) BC ENV	Amendment to FRO permit for Project-related waste disposal sites and waste volumes. Disposal of office and shop waste (e.g. domestic garbage). An authorization/permit to allow the disposal of refuse such as municipal solid waste, garbage and other waste materials.
*Environmental Management Act* Hazardous Waste Regulation BC EP	An authorization/permit to allow Project-related production, storage, treatment, recycling or discharge of hazardous wastes.
*Forest Act* Occupant License to Cut BC Ministry of Forestry (BC MoF)	Occupant licences to cut are issued for the cutting, or cutting and removal, of Crown timber from Crown land or private land. In all cases, the applicant must hold a right to occupy and use the land being harvested through a "right of occupation", a lease, or a special use permit. An additional authorization may be required to allow for construction of infrastructure for a new Kilmarnock Creek Clean Water Diversion further upstream from the existing diversion.	-	TO BE ADDED	Forest Act (RSBC 1996) ch. 157 – Part 3 https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96157_03#division_d2e2208 Link to Application for Occupant Licence to Cut: https://www.for.gov.bc.ca/isb/forms/lib/Fs321.pdf. Contact information and more information on Occupant Licences to Cut is available on the B.C. government's website: https://www2.gov.bc.ca/gov/content/industry/forestry/forest-tenures/timber-harvesting-rights/licence-to-cut/occupant-licence-to-cut
*Forest and Range Practice Act* Road Use Permit BC Ministry of Forestry (BC MoF)	Road use permit will be needed for road building. All industrial users on an FSR are required to obtain a Road Use Permit (RUP), unless an exemption is granted in accordance with section 22.1(4) of the Forest and Range Practices Act	-	No requirement for public engagement	Forest and Range Practices Act (SBC 2002) ch. 69 https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02069_01 Permitting requirements by district and contact information: https://www2.gov.bc.ca/gov/content/industry/natural-resource-use/resource-roads/engineering-publications-permits/district-road-requirements
*Heritage Conservation Act* Heritage Investigation Permit BC Ministry of Water, Land, and Resource Stewardship (BC WLRS)	A heritage investigation will be undertaken in order to recover information which might otherwise be lost as a result of site alteration or destruction; requires an archaeological impact assessment which is conducted before any on-the-ground development activities.	-	No requirement for public engagement	Heritage Conservation Act (RSBC 1996) ch. 187 https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96187_01 Heritage Conservation Act Permitting Process Policy Guide https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/natural-resource-use/archaeology/forms-publications/hca_permitting_process_policy_guide.pdf Application form and contact information available on the B.C. government website: https://www2.gov.bc.ca/gov/content/industry/natural-resource-use/archaeology/permits
*Heritage Conservation Act* Site Alteration Permits BC WLRS	A site alteration permit is required to allow archaeological sites to be affected by construction of the Project. The permit must be acquired and held by registered Archaeologist.	-
*Heritage Conservation Act* Concurrence Letters BC WLRS	Heritage resources must be assessed in relation to the mandates, objectives, and intents of the Heritage Conservation Act for lands potentially affected by the Project The Archaeology Branch issues letters to the BC EAO, stating that appropriate assessment under the Heritage Conservation Act is complete	-
*Land Act* BC WLRS Temporary Occupation of Crown Land Crown Licence of Occupation Statutory Right of Way	A license is required to obtain permission to enter, occupy and use provincial Crown land on a temporary basis pending completion of survey requirements and issuance of statutory rights-of-way.	-	No requirement for public engagement	-
**Drinking Water Protection Act – Drinking Water Regulation** Drinking Water Operating Permit (12-123-00227) BC Ministry of Health Interior Health	Authorization for the operation and maintenance of a regulated drinking water supply system at Fording River Operations. Ensures that water supplied for domestic use (e.g., offices and facilities) meets Drinking Water Protection Act and Drinking Water Protection Regulation requirements for human health and safety. An amendment to the existing Drinking Water System Operating Permit may be required if Project activities modify water sources, wells, treatment systems, or distribution infrastructure, or increase water demand associated with construction or operations.	-	No requirement for public engagement	Drinking Water Protection Act (SBC 2001) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/01009_01 Drinking Water Protection Regulation (B.C. Reg. 200/2003) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/200_2003 Interior Health – Drinking Water Systems https://www.interiorhealth.ca/health-and-wellness/environmental-health-and-hazards/drinking-water
**Public Health Act – Sewerage System Regulation** Holding Tank Permit BC Ministry of Health Interior Health	Permits sewage disposal systems, if included as part of the satellite office	-	No requirement for public engagement	Public Health Act (SBC 2008) ch. 28 https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/08028_01 Sewerage System Regulation (B.C. Reg. 326/2004) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/22_326_2004 Information and Application form available at Interior Health Authority website: https://www.interiorhealth.ca/health-and-wellness/environmental-health-and-hazards/sewerage-subdivisions-and-healthier-industries
*Water Sustainability Act* (WSA) Section 7 and 9- Water Licence Amendments to Water Licenses (C133241, C133242, and C133243) BC WLRS	Amendments to FRO permits are required if Project requires updates of water requirements for dust control; potential need for new water licences associated with water management or non-potable water supply wells, as well as moving the existing Kilmarnock Creek Clean Water Diversion further upstream. May be needed to allow construction and use of sediment ponds, diversion structures and open conveyance channels for sediment-impacted water, and a reservoir to operate a saturated rock fill.	-	Notice is sent to potential legal objectors and to referral agencies for applications under the WSA where the decision maker considers that, for example: The rights of an authorization holder are likely to be detrimentally affected if the application is granted, A land owner whose land is likely to be physically affected if the application is granted, or The application has significant public interest (e.g., a pumped storage project on a lake may have broad impacts). Under WSA Section 13, the decision maker has the discretion to either give notice, or direct an applicant to give notice, to any person whose input the decision maker considers advisable and who are not legal objectors. Section 14 of the WSA Water Sustainability Regulations provides discretionary authority for the decision maker to give additional notice through publication in a printed or electronic newspaper. Under Water Sustainability Act Section 13, notice of the application must be sent to any of the following: An authorization holder, an applicant for an authorization or a riparian owner whose rights the decision maker considers are likely to be detrimentally affected A land owner whose land is likely to be physically affected In addition, under Section 14 of the Water Sustainability Act Water Sustainability Regulation, any persons in the above categories may request notice of the application. Notice of the application may also be sent to any person whose input the decision maker considers advisable (for example, if the application has significant public interest, such as a pumped storage project on a lake). Any person given notice of an application has the legal right to object and a further right to appeal a future decision on the application. The decision maker also has the discretion and authority to send out referrals to government agencies or other entities for comments on an application. A referral does not grant legal objector status	Water Sustainability Act (SBC 2014) ch. 15 – s. 9 https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/14015 Water Sustainability Regulation (B.C. Reg. 36/2016) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/36_2016 Contact information and Application form available on the B.C. government's website: https://www2.gov.bc.ca/gov/content/environment/air-land-water/water/water-licensing-rights/water-licences-approvals/apply-for-a-water-licence. Any ongoing water use or diversion, or the construction of a regulated dam, requires a water licence (for example, hydropower facility or other long-term water use for construction or operations). Water licences can also be appropriate where works within a stream require ongoing maintenance. Application for authorization amendment will include a list of all diversions and associated EAs for effects specific to the water body. Water licences allow licensees to divert, store and use specific quantities of water for one or more water use purposes. A water licence may also authorize works related to the diversion and use of the water. This would be required for instream works to build fish habitat.
*Water Sustainability Act* Section 10- Short-term Use approvals BC WLRS	A short-term use approval permit authorizes the temporary diversion and use of water from a stream or aquifer, and the construction of works, for a period of up to 24 months. This would be required for fish offsetting habitat construction. May be needed to allow construction and use of sediment ponds, diversion structures and open conveyance channels for sediment-impacted water, and a reservoir to operate a saturated rock fill.
*Water Sustainability Act* Section 11- Changes in and about a stream BC WLRS	Authorization to allow work in and around streams which may include in-stream works to build fish habitat offsetting and changes to the existing Kilmarnock Creek Clean Water Diversion Needed to allow construction and use of sediment ponds, diversion structures and open conveyance channels for sediment-impacted water, and a reservoir to operate a saturated rock fill.
*Wildlife Act* Authorization and Exemption Permits	Permits are required to authorize vehicle operation in areas closed under the Wildlife Act and various activities related to wildlife management that may arise	-	No requirement for public engagement	Wildlife Act (RSBC 1996) ch. 48 https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96488_01 Permit Regulation (B.C. Reg. 253/2000) https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/253_2000 Best Management Practices for Amphibians and Reptile Salvages in British Columbia: http://a100.gov.bc.ca/pub/eirs/finishDownloadDocument.do?subdocumentId=10351 Application for general wildlife permits: https://portal.nrs.gov.bc.ca/web/client/-/general-wildlife-permit#overview Contact information for FrontCounter BC: https://portal.nrs.gov.bc.ca/web/client/contact

Provincial Act and Regulatory Instrument

Purpose and Key Issues addressed

Anticipated Duration

Public Engagement Opportunities

Indigenous Consultation

Project Specific Information Requirements and Guidance

Mines Act

C-3 Permit^Footnote 1

BC Ministry of Mining and Critical Minerals

(BC MCM)

Amendment to Fording River Operations (FRO) permit to authorize Project activities (e.g., Project pit, mine rock storage areas, water management structures, infrastructure and footprint) through construction, operations and reclamation.

Authority for the construction, operation, and closure of the Project which includes the mine and associated ancillary infrastructure.

Another authority for the construction, operation, and closure of new infrastructure to move the existing Kilmarnock Creek Clean Water Diversion further upstream may also be required.

Manage for human health and safety, and reclamation activities on the mine site.

Set financial security amount and requirements.

6 to 12 months after application submission

An applicant may be required to publish a notice of filing in the BC Gazette and in local newspapers.

British Columbia (B.C.)

and Canada (for federal permitting) will consult with, and where necessary accommodate, Indigenous Nations in relation to land and resource decisions that have potential to adversely impact their Aboriginal Interests. Additional statutory requirements may apply.

Mines Act [RSBC 1996] Chapter 293

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_96293_01

Mine Permitting: https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/permitting

Joint Application Information Requirements for Mines Act and Environmental Management Act Permits: https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/mineral-exploration-mining/documents/permitting/joint_application_information_requirements.pdf

Health, Safety and Reclamation Code for Mines in British Columbia: https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/health-safety/health-safety-and-reclamation-code-for-mines-in-british-columbia

Coal Act

Coal Lease

BC MCM

Conversion of coal licences to coal leases within the Project footprint for long term production of coal.

Coal Act [SBC 2004] Chapter 15 (Section 18)

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/00_04015_01

Coal Lease Application Requirements: https://www2.gov.bc.ca/gov/content/industry/mineral-exploration-mining/mineral-titles/coal-titles/leases-coal-titles

Coal Act Regulation (Section 6)

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/10_251_2004#section6

Mines Act

Explosives Magazine Storage and Use Permit

BC MCM

Amendment to FRO permit for storage and use of explosives.

An Explosives Magazine Storage and Use Permit authorize a Proponent to build, maintain or modify a magazine. A magazine is defined as a building, storehouse or structure where explosive materials are kept or stored but does not include containers used for transporting explosives or day storage boxes. The Project will extend the timelines for storage and use of explosives at the Mine Site requiring an extension of the expiration date of the current authorization

An applicant may be required to publish a notice of filing in the BC Gazette and in local newspapers.

Mines Act [RSBC 1996] Chapter 293

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96293_01

To apply for a Explosives Magazine Storage and Use Permit visit: https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/mineral-exploration-mining/documents/mineral-titles/permitting/explosives.pdf

Environmental Management Act

Amendment to Waste Discharge Permit – Effluent (AMS424)

BC ENV

Amendment to FRO permit to allow the discharge of water borne contaminants (effluent) into the Fording River watershed during construction (sediment control) and operations.

Another authorization may also be required to allow the discharge of water borne contaminants (effluent) into the environment during construction (sediment control) and operation of a new Kilmarnock Creek Clean Water Diversion further upstream.

An applicant is required to give notice of their application as per the Public Notification Regulation. This may require providing notices to local governments and local resident and posting notices on site, in local newspapers and/or electronically. Specific requirements are generally provided in the Application Instruction Document.

Environmental Management Act (SBC 2003) Chapter 53

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/03053_02#section14

Waste Discharge Regulation (B.C. Reg 320/2004)

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/320_2004

For information on the waste discharge authorization process, visit: https://www2.gov.bc.ca/gov/content/environment/waste-management/waste-discharge-authorization/process.

To apply for a Waste Discharge Permit, visit: https://www2.gov.bc.ca/gov/content/environment/waste-management/waste-discharge-authorization/apply

https://www2.gov.bc.ca/gov/content/environment/air-land-water/air/air-pollution/emissions/industrial

Hazardous Waste Regulation (B.C. Reg. 63/88)

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/63_88_00

More information and registration available on the B.C. government's website: https://www2.gov.bc.ca/gov/content/environment/waste-management/hazardous-waste/registration-of-hazardous-waste-generators-and-facilities.

Environmental Management Act

Amendment to EVR's area-based Waste Discharge Permit – Effluent (AMS107517)

Amendment to area-based permit 107517 to allow the discharge of water borne contaminants (effluent) into the Fording River watershed, and the construction of Active Water Treatment Facilities and Saturated Rock Fills.

Environmental Management Act

Amendment to Waste Discharge Permit –Air Emissions AMS1501

BC ENV

Amendment to FRO permit to allow the discharge of air borne contaminants into the environment. This may be required if the Project requires updated mitigations or monitoring from Project discharges to air.

Environmental Management Act

Amendment to Waste Discharge Permit – Refuse (AMS7726)

BC ENV

Amendment to FRO permit for Project-related waste disposal sites and waste volumes. Disposal of office and shop waste (e.g. domestic garbage).

An authorization/permit to allow the disposal of refuse such as municipal solid waste, garbage and other waste materials.

Environmental Management Act

Hazardous Waste Regulation

BC EP

An authorization/permit to allow Project-related production, storage, treatment, recycling or discharge of hazardous wastes.

Forest Act

Occupant License to Cut

BC Ministry of Forestry (BC MoF)

Occupant licences to cut are issued for the cutting, or cutting and removal, of Crown timber from Crown land or private land. In all cases, the applicant must hold a right to occupy and use the land being harvested through a "right of occupation", a lease, or a special use permit.

An additional authorization may be required to allow for construction of infrastructure for a new Kilmarnock Creek Clean Water Diversion further upstream from the existing diversion.

TO BE ADDED

Forest Act (RSBC 1996) ch. 157 – Part 3

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96157_03#division_d2e2208

Link to Application for Occupant Licence to Cut: https://www.for.gov.bc.ca/isb/forms/lib/Fs321.pdf.

Contact information and more information on Occupant Licences to Cut is available on the B.C. government's website: https://www2.gov.bc.ca/gov/content/industry/forestry/forest-tenures/timber-harvesting-rights/licence-to-cut/occupant-licence-to-cut

Forest and Range Practice Act

Road Use Permit

BC Ministry of Forestry (BC MoF)

Road use permit will be needed for road building.

All industrial users on an FSR are required to obtain a Road Use Permit (RUP), unless an exemption is granted in accordance with section 22.1(4) of the Forest and Range Practices Act

No requirement for public engagement

Forest and Range Practices Act (SBC 2002) ch. 69

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/02069_01

Permitting requirements by district and contact information: https://www2.gov.bc.ca/gov/content/industry/natural-resource-use/resource-roads/engineering-publications-permits/district-road-requirements

Heritage Conservation Act

Heritage Investigation Permit

BC Ministry of Water, Land, and Resource Stewardship (BC WLRS)

A heritage investigation will be undertaken in order to recover information which might otherwise be lost as a result of site alteration or destruction; requires an archaeological impact assessment which is conducted before any on-the-ground development activities.

No requirement for public engagement

Heritage Conservation Act (RSBC 1996) ch. 187

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96187_01

Heritage Conservation Act Permitting Process Policy Guide

https://www2.gov.bc.ca/assets/gov/farming-natural-resources-and-industry/natural-resource-use/archaeology/forms-publications/hca_permitting_process_policy_guide.pdf

Application form and contact information available on the B.C. government website: https://www2.gov.bc.ca/gov/content/industry/natural-resource-use/archaeology/permits

Heritage Conservation Act

Site Alteration Permits

BC WLRS

A site alteration permit is required to allow archaeological sites to be affected by construction of the Project. The permit must be acquired and held by registered Archaeologist.

Heritage Conservation Act

Concurrence Letters

BC WLRS

Heritage resources must be assessed in relation to the mandates, objectives, and intents of the Heritage Conservation Act for lands potentially affected by the Project

The Archaeology Branch issues letters to the BC EAO, stating that appropriate assessment under the Heritage Conservation Act is complete

Land Act

BC WLRS

Temporary Occupation of Crown Land

Crown Licence of Occupation

Statutory Right of Way

A license is required to obtain permission to enter, occupy and use provincial Crown land on a temporary basis pending completion of survey requirements and issuance of statutory rights-of-way.

No requirement for public engagement

Drinking Water Protection Act – Drinking Water Regulation

Drinking Water Operating Permit (12-123-00227)

BC Ministry of Health

Interior Health

Authorization for the operation and maintenance of a regulated drinking water supply system at Fording River Operations. Ensures that water supplied for domestic use (e.g., offices and facilities) meets Drinking Water Protection Act and Drinking Water Protection Regulation requirements for human health and safety.

An amendment to the existing Drinking Water System Operating Permit may be required if Project activities modify water sources, wells, treatment systems, or distribution infrastructure, or increase water demand associated with construction or operations.

No requirement for public engagement

Drinking Water Protection Act (SBC 2001)

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/01009_01

Drinking Water Protection Regulation (B.C. Reg. 200/2003)

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/200_2003

Interior Health – Drinking Water Systems

https://www.interiorhealth.ca/health-and-wellness/environmental-health-and-hazards/drinking-water

Public Health Act – Sewerage System Regulation

Holding Tank Permit

BC Ministry of Health

Interior Health

Permits sewage disposal systems, if included as part of the satellite office

No requirement for public engagement

Public Health Act (SBC 2008) ch. 28

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/08028_01

Sewerage System Regulation (B.C. Reg. 326/2004)

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/22_326_2004

Information and Application form available at Interior Health Authority website: https://www.interiorhealth.ca/health-and-wellness/environmental-health-and-hazards/sewerage-subdivisions-and-healthier-industries

Water Sustainability Act (WSA)

Section 7 and 9- Water Licence

Amendments to Water Licenses (C133241, C133242, and C133243)

BC WLRS

Amendments to FRO permits are required if Project requires updates of water requirements for dust control; potential need for new water licences associated with water management or non-potable water supply wells, as well as moving the existing Kilmarnock Creek Clean Water Diversion further upstream.

May be needed to allow construction and use of sediment ponds, diversion structures and open conveyance channels for sediment-impacted water, and a reservoir to operate a saturated rock fill.

Notice is sent to potential legal objectors and to referral agencies for applications under the WSA where the decision maker considers that, for example:

The rights of an authorization holder are likely to be detrimentally affected if the application is granted,
A land owner whose land is likely to be physically affected if the application is granted, or
The application has significant public interest (e.g., a pumped storage project on a lake may have broad impacts).

Under WSA Section 13, the decision maker has the discretion to either give notice, or direct an applicant to give notice, to any person whose input the decision maker considers advisable and who are not legal objectors.

Section 14 of the WSA Water Sustainability Regulations provides discretionary authority for the decision maker to give additional notice through publication in a printed or electronic newspaper.

Under Water Sustainability Act Section 13, notice of the application must be sent to any of the following:

An authorization holder, an applicant for an authorization or a riparian owner whose rights the decision maker considers are likely to be detrimentally affected
A land owner whose land is likely to be physically affected

In addition, under Section 14 of the Water Sustainability Act Water Sustainability Regulation, any persons in the above categories may request notice of the application.

Notice of the application may also be sent to any person whose input the decision maker considers advisable (for example, if the application has significant public interest, such as a pumped storage project on a lake).

Any person given notice of an application has the legal right to object and a further right to appeal a future decision on the application.

The decision maker also has the discretion and authority to send out referrals to government agencies or other entities for comments on an application. A referral does not grant legal objector status

Water Sustainability Act (SBC 2014) ch. 15 – s. 9

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/14015

Water Sustainability Regulation (B.C. Reg. 36/2016)

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/36_2016

Contact information and Application form available on the B.C. government's website: https://www2.gov.bc.ca/gov/content/environment/air-land-water/water/water-licensing-rights/water-licences-approvals/apply-for-a-water-licence.

Any ongoing water use or diversion, or the construction of a regulated dam, requires a water licence (for example, hydropower facility or other long-term water use for construction or operations). Water licences can also be appropriate where works within a stream require ongoing maintenance. Application for authorization amendment will include a list of all diversions and associated EAs for effects specific to the water body.

Water licences allow licensees to divert, store and use specific quantities of water for one or more water use purposes. A water licence may also authorize works related to the diversion and use of the water. This would be required for instream works to build fish habitat.

Water Sustainability Act

Section 10- Short-term Use approvals

BC WLRS

A short-term use approval permit authorizes the temporary diversion and use of water from a stream or aquifer, and the construction of works, for a period of up to 24 months. This would be required for fish offsetting habitat construction.

May be needed to allow construction and use of sediment ponds, diversion structures and open conveyance channels for sediment-impacted water, and a reservoir to operate a saturated rock fill.

Water Sustainability Act

Section 11- Changes in and about a stream

BC WLRS

Authorization to allow work in and around streams which may include in-stream works to build fish habitat offsetting and changes to the existing Kilmarnock Creek Clean Water Diversion

Needed to allow construction and use of sediment ponds, diversion structures and open conveyance channels for sediment-impacted water, and a reservoir to operate a saturated rock fill.

Wildlife Act

Authorization and Exemption Permits

Permits are required to authorize vehicle operation in areas closed under the Wildlife Act and various activities related to wildlife management that may arise

No requirement for public engagement

Wildlife Act (RSBC 1996) ch. 48

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96488_01

Permit Regulation (B.C. Reg. 253/2000)

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/253_2000

Best Management Practices for Amphibians and Reptile Salvages in British Columbia: http://a100.gov.bc.ca/pub/eirs/finishDownloadDocument.do?subdocumentId=10351

Application for general wildlife permits: https://portal.nrs.gov.bc.ca/web/client/-/general-wildlife-permit#overview

Contact information for FrontCounter BC: https://portal.nrs.gov.bc.ca/web/client/contact

Annex A – Additional Regulatory and Project Context

Conditions of Participation

To meet the target dates for assessment and permitting decisions, agreed to with the proponent, the proponent must be willing and able to meet the following conditions:

Ready to start: The proponent must be ready to submit application(s) as per the anticipated timelines set out in this Plan.
Provide Comprehensive Applications: The proponent must make best efforts to submit comprehensive applications for federal permits that meet the requirements set out by the responsible departments and agencies.
Active Participation: The proponent actively participate in the permitting process including providing required information and promptly responding to requests for additional information or clarification from federal departments and agencies or from Indigenous Nations.
Engage with Indigenous Nations: The proponent must proactively engage with affected Indigenous Nations and follow best practices when establishing relationships and engaging with Indigenous Nations and have documented and addressed concerns.
Public Disclosure: The proponent consents to having the status of its permitting processes shown on a public permitting dashboard on the Canadian Impact Assessment Registry.

Roles and Responsibilities

The roles and responsibilities related to permitting coordination are:

Impact Assessment Agency of Canada (IAAC) and the BC Environmental Assessment Office (EAO) will:

integrate permitting coordination into the assessment, where applicable, and seek areas for efficiency between the assessment and other federal and provincial regulatory processes;
maintain and update this permitting plan, as necessary;
provide relevant information from the assessment of the Project to federal departments and provincial ministries to inform their regulatory processes;
provide an additional point of contact for proponents, federal departments, and provincial ministries to address issues that may require coordination among multiple departments.
IAAC will track the progress of federal permitting processes on the public permitting dashboard on the Canadian Impact Assessment Registry;
IAAC will act as Crown Consultation Coordinator to facilitate a collaborative approach to Indigenous consultations by federal departments related to permitting; and
work with federal departments, provincial ministries and the proponent to meet the timelines described within this document.

Federal departments and Provincial ministries will:

conduct permit application review as per their respective legislative or regulatory requirements;
provide information relating to their regulatory and statutory responsibilities;
review information provided by the proponent during the assessment, recommend updates to this Plan, including whether a permit is required under their respective legislation;
provide feedback as to what information the proponent must provide to support sound regulatory decisions;
carry out Indigenous consultation, as well as any public consultation, as required;
notify the EAO and IAAC of issues that arise and any changes in anticipated timelines, as early as possible;
maintain communication with the proponent through applicable regulatory or permitting processes; and,
work with IAAC and the proponent to meet the timelines described within this document.

EVR Operations Limited will:

prepare the appropriate applications for the permits required for the Project to commence construction and submit applications as per the anticipated timelines set out in Table 1 - Federal and Provincial Permit Timeline Summary and Annex B - Detailed Milestones and Timelines for Federal Permits;
provide required information and respond to requests for additional information or clarification from the EAO IAAC, federal departments, or provincial ministries;
support the EAO, IAA, federal departments, and provincial ministries during Indigenous consultations;
liaise with the EAO, IAAC, federal departments, and provincial ministries on anticipated schedules for applications and any issues that may arise and notify the EAO, IAAC and relevant federal departments and provincial ministries 90 days prior to any changes in anticipated submission dates;
notify EAO, IAAC, federal departments, and provincial ministries of any major or substantial changes to project design, as early as possible;
be aware of changes to legislation that may change the need for a permit;
fulfill the above Conditions for Participation; and
work with EAO, IAAC, federal departments, and provincial ministries to meet the timelines described within this document

Additional Regulatory Activities

The following federal permits may be required for the Proponent to begin construction or may be required during subsequent phases of the Project due to the nature of the Project activities.

Act and Regulatory Instrument Responsible Authority	Requirement Status & Overview	Anticipated Duration	Public Engagement Opportunities	Indigenous Consultation
Migratory Birds Convention Act, 1994 Environment and Climate Change Canada (ECCC)	The Migratory Birds Convention Act (MBCA) and its regulations (revised July 2022) protect migratory birds and their eggs and prohibit the disturbance, damage, destruction or removal of migratory bird nests that contain a live bird or a viable egg. Migratory birds are protected at all times; all migratory bird nests are protected when they contain a live bird or viable egg; and the nests of 18 species listed in Schedule 1 of the Migratory Birds Regulations (MBR) 2022 are protected year-round. These general prohibitions apply to all lands and waters in Canada, regardless of ownership. The MBCA also prohibits the deposit of substances that are harmful to migratory birds in waters, or an area frequented by migratory birds or in a place from which the substance may enter such waters or such an area. There is no mechanism available to provide a permit for activities that do not directly target but may harm protected migratory birds, their nests, and/or eggs (e.g., vegetation clearing) under the MBCA and its regulations. Damage or Danger permits are available in certain limited situations and applications are evaluated on a case-by-case basis. Migratory Birds Convention Act, 1994 (S.C. 1994, c. 22) https://laws-lois.justice.gc.ca/eng/acts/m-7.01/ Migratory Birds Convention Act and Regulations https://www.canada.ca/en/environment-climate-change/services/migratory-birds-legal-protection/convention-act-regulations.html Proponents are reminded to develop beneficial management practices and measures to reduce risk to contravening the MBCA. More information can be found here - Avoiding harm to migratory birds: https://www.canada.ca/en/environment-climate-change/services/avoiding-harm-migratory-birds.html Frequently Asked Questions: Migratory Birds Regulations, 2022 - Canada.ca (https://www.canada.ca/en/environment-climate-change/services/migratory-bird-permits/faq-migratory-birds-regulations-2022.html - toc5	-	No engagement opportunities	No consultation opportunities.
**Explosives Act and Explosives Regulations** Explosives Licence Natural Resources Canada (NRCan)	Explosives Licence required for manufacturing and/or storage of explosives. Explosives license only included here if NRCan or proponent indicate it is required to commence construction For more information, please visit Explosives - Natural Resources Canada	Federal decision: Magazine licence (storage) must be issued within 30 days from receiving a complete application. Manufacturing licence must be issued within 60 days from receiving a complete application.	No public engagement opportunities	NRCan may engage Indigenous Nations once an application is received to determine if there are concerns, questions or requests for more information. Engagement on the storage of small quantities of explosives is generally not undertaken.
*Coal Mining Effluent Regulation*^Footnote 2 Environment and Climate Change Canada (ECCC)	ECCC is developing Coal Mining Effluent Regulations under the federal Fisheries Act. The proposed Regulations would establish a regulatory framework to authorize the deposit of coal mining effluent subject to specified conditions. The authorization would prescribe and set maximum authorized concentrations for three deleterious substances (selenium, nitrate and suspended solids) and set conditions related to pH and acute lethality. In addition, coal mines would be required to conduct environmental effects monitoring and meet reporting and record-keeping requirements. The proposed Regulations are targeted for publication in the Canada Gazette, Part I in the coming months, for a 60-day consultation period.	-	-	-

Additional Context

On October 29, 2020, Environment and Climate Change Canada issued a Direction under the Fisheries Act to Teck Coal Limited (now EVR Operations Limited) on the Fording River and Greenhills Operations coal mines due to violations related to selenium and calcite contamination which caused adverse effects to fish and fish habitat. Refer to the link for further details. The Direction requires Teck Coal Limited (now EVR Operations Limited) to take specific pollution reduction measures in the affected waterways of the upper Fording River Valley. These measures were in addition to the company's existing commitments and included:

Implementing water treatment facilities to remove selenium.
Requirements for water management, including diversions and mine planning. This includes the Kilmarnock clean water diversion which would be impacted by FRX.
Fish monitoring and measures for calcite prevention.

Although not a conventional federal permit, work required under the Direction may be affected by the development of the Project. Consequently, it may require the proponent to engage with the issuer of the Direction.

Additionally, on March 8, 2024, the International Joint Commission (IJC) received a Reference under Article IX of the Boundary Waters Treaty from the Governments of the United States and Canada, in partnership with the Ktunaxa Nation, asking the IJC to carry out certain actions to address the impacts of transboundary water pollution in the Elk-Kootenai/y watershed. Four Technical Working Groups were established to focus on the following topics:

Water Quality Status and Trends
Impacts to Human Health and Well-Being
Impacts to Ecosystems, Including Cumulative Effects
Mitigation

An interim status report is available for review. A draft final report is expected to be produced in July 2026 which will be made available for public comments. A final report will be submitted to the IJC by the end of September 2026.

On July 30, 2025, the Provincial Minister of Environment and Parks approved an amended version of the Elk Valley Area Based Management Plan (ABMP). The amended plan, called the 2025 Elk Valley Water Quality Plan (EVWQP), updates and replaces the previous 2014 EVWQP. The amendments were developed in response to a Ministerial Order that was issued on July 9, 2024. The Order required development of two amendments. Development of Amendment #2 will review the selenium water quality target for Koocanusa Reservoir and must be submitted to the Provincial Minister of Environment and Parks by March 31, 2026. More details on the Elk Valley ABMP can be found here.

Additionally, the Project will need to consider the Elk Valley Cumulative Effects Management Framework (EV-CEMF) which aims to assess the historic, current and potential future conditions of selected valued components and to support natural resource management decisions within the region. In 2026, the Ministry of Water, Land and Resource Stewardship is updating Valued Components stewardship objectives and associated indicators, condition assessments, targets and assessment areas.

Annex B - Detailed Milestones and Timelines for Federal Permits

Fisheries Act Authorization Processes and Steps (DFO)	Month
Fisheries Act Authorization Processes and Steps (DFO)	0	1	2	3	4	5	6	7	8	9	10	11	12	13	14	15	16	17	18	19	20	21	22	23	24
1. Proponent shares draft of application with Indigenous Nations and for DFO to evaluate comprehensiveness	P	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-
2. Proponent submits a comprehensive application	-	P	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-
3. 60-day legislated timeline starts. DFO reviews the application for completeness and adequacy, and identifies any supplemental information required	-	-	DFO	DFO	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-
4. Proponent addresses comments and provides supplemental information required	-	-	-	P	P	-	-	P	P	-	-	P	P	-	-	-	-	-	-	-	-	-	-	-	-
5. DFO reviews supplemental information or documentation and determines whether the application is complete and adequate. Steps 3-5 repeated as needed	-	-	-	-	-	DFO	DFO	-	-	DFO	DFO	-	-	DFO	DFO	-	-	-	-	-	-	-	-	-	-
6. 90-day legislated timeline starts. DFO reviews the complete application.	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	DFO	DFO	DFO	-	-	-	-	-	-	-
7. DFO Indigenous consultations: Early identification of issues Send consultation offer letters to Indigenous Nations Processing of funding requests Review of funding applications and meetings at the request of Indigenous Nations	-	-	-	IC	IC	IC	IC	IC	IC	IC	IC	IC	IC	IC	IC	IC	IC	IC	IC	IC	IC	-	-	-	-
8. Proponent supports DFO in responding to Indigenous comments, technical questions, and inquiries.	-	-	-	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	P	-	-	-	-
9. DFO conducts technical review of the application and issues information requests to Proponent as needed.	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	DFO	DFO	DFO	DFO	DFO	DFO	-	-	-	-
10. Proponent provides DFO with additional information or clarifications to support technical review or decision-making	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	P	P	P	P	P	P	-	-	-	-
11. 90-day legislated timeline begins. DFO completes Indigenous consultation summary report and informs the proponent and Indigenous communities of the decision.	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	DFO	DFO	DFO	-
12. DFO Internal briefings and approvals	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	DFO
Legend: P = Proponent DFO = Fisheries and Oceans Canada IC = Indigenous consultation-related activity

Notes:

This timeline assumes that no additional field work or baseline data collection is needed to support DFO's review of the application.
If the Proponent submits a complete and adequate application as per the Schedule 1 requirements of the Authorizations Concerning Fish and Fish Habitat Protection Regulations, Step 4 and Step 5 may be truncated. The above timeline is based on a conservative estimate of 3 rounds of additional information.
DFO may provide the proponent a draft Fisheries Act Authorization including draft conditions during Step 11 for review.
This timeline assumes a 24-month review process. The timeline will be updated once the draft application has been submitted by the proponent (as per Step 1).

Key steps	Anticipated Duration	Start Date	End Date	Comments
Impact Assessment Act (IAAC)^Footnote 3
1. Proponent submits the Application.	-	-	-	-
2. Technical review and consultation on the Application to determine if all required information have been provided. If necessary, IAAC will work with the EAO to notify proponent of any deficiencies to be addressed (6 months)	180 days	-	-	-
3. IAAC conducts impact assessment and submits joint Assessment report to Minister (300 days)	Up to 300 days	-	-	-
4. Minister issues decision statement to proponent (30 days or 90 days if referred to Governor in Council	30 days	-	-	-

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Date modified:: 2019-03-01

Fording River Extension Project

Joint Detailed Permitting Plan Fording River Extension Project

1. Introduction and Purpose of the Plan

2. Project Description

3. Federal and Provincial Permits

4. Engaging and Consulting with Indigenous Nations

5. Coordinated Permitting Process

6. Timeline of the Assessment and Permitting to support Project Construction by Q4 2028

Table 1 - Federal and Provincial Permit Timeline Summary

7. Contact Information

Table 2 – Federal Permits that may be required to begin construction

Table 3 – Provincial Permits anticipated throughout the life of the mine

Annex A – Additional Regulatory and Project Context

Conditions of Participation

Roles and Responsibilities

Additional Regulatory Activities

Additional Context

Annex B - Detailed Milestones and Timelines for Federal Permits

Joint Detailed Permitting Plan
Fording River Extension Project