A new decision by the province will allow a magnesium mine in B.C.'s west Kootenays to move forward without an environmental assessment -- but opponents say they plan to take legal action in response.
The Record Ridge mine, owned by Calgary-based West High Yield (WHY) Resources, is planned as an open-pit mine near Rossland, B.C., a town of about 4,100 people, roughly five kilometres north of the Canada-U.S. border and almost 400 kilometres east of Vancouver.
The proposed production capacity at the site is low enough that the mine doesn't require an environmental assessment, according to provincial regulations.
But earlier this year, two different groups, the Sinixt Confederacy and the Save Record Ridge Action Committee Society, petitioned B.C.'s Environmental Assessment Office to require one.
WATCH | What's happening with the Record Ridge mine?:
Their petition was unsuccessful, as Alex MacLennan, chief executive assessment officer of the Environmental Assessment Office, decided the project doesn't require an assessment.
"I believe that the permitting process ... can fairly, effectively and appropriately address the concerns raised," MacLennan said in his decision earlier this week.
Elissa Ferguson, director of Save Record Ridge Action Committee Society, said the group is "very disappointed" in the decision.
She's concerned that the current mine proposal is part of a larger project, which she said should go through an environmental assessment now rather than later.
"WHY Resources has been very clear that this is a two-year trial ... and that, should it be successful, they have full intention to expand," Ferguson said.
Ferguson said the committee is pursuing legal action with the province to ensure it gets an environmental assessment for the project.
'Small footprint'
WHY Resources originally submitted permit applications in 2019 with a proposed production capacity of 200,000 tonnes per year of ore, which would have automatically triggered an environmental assessment, according to MacLennan's decision.
But the company amended its application in 2024 to propose a capacity of 63,500 tonnes per year, which does not meet the 75,000-tonne threshold requiring an environmental assessment.
MacLennan said the "relatively small footprint, operations limited to eight months of the year, an anticipated workforce of 30 to 40 people, and the lack of project infrastructure such as a mill and tailings storage facility" means it is unlikely the Record Ridge mine would result in impacts that similar to other projects that require an assessment.
He noted the project is still subject to permitting processes and must receive necessary authorizations before it can proceed.
MacLennan said if WHY Resources decides to expand its permitted area and production, it would have to remain compliant with provincial requirements.
He added any changes to the permit, if issued, would require the company to apply for amended permits and go through more reviews and engagement.
Concerns from opponents to the mine included impacts on sensitive ecosystems, such as the habitat for the threatened mountain holly fern, air and water quality (including asbestos and acid rock drainage) and dissatisfaction with community consultation, according to MacLennan's report.
Shuswap Band opposed the Record Ridge mine project and requested an environmental assessment for the project in 2024. Splatsin also requested an assessment and the City of Rossland opposed the project.
The Osoyoos Indian Band has supported the project after conducting its own review and is working with WHY Resources.
WHY Resources says it is very pleased with the decision.
Barry Baim, corporate secretary for WHY Resources, told CBC's Daybreak South the company will now continue with the mining permit process.
He said the ore at the mine site contains 94 per cent critical minerals made up of silica, magnesium, nickel and iron, which he said are key to the world's transition away from fossil fuels.
Magnesium is considered a "critical mineral," and can be used for automotive parts, according to a B.C. minerals atlas. WHY Resources says magnesium can also be used for energy storage, pharmaceuticals and agriculture, among other applications.
Baim said the mine is a "tremendous opportunity for First Nations economic reconciliation."
He said the company is expecting to add about 40 to 50 jobs in the short term and more in the future.
As for any potential legal action, Baim said the company will respond when it happens.