Ktunaxa Nation Council supports fines to EVR for pollution offences
Ktunaxa Nation Council supports fines to EVR for pollution offences
October 6, 2025
For Immediate Release
Cranbrook, B.C. – The Ktunaxa Nation Council (KNC) supports the decision of the Ministry of Environment and Parks (Ministry) to issue fines of more than $3.6 million to Elk Valley Resources (EVR, previously Teck Coal Ltd.) for pollution offences related to EVR’s coal-mining activities in the Elk Valley region of ʔamakʔis Ktunaxa, the Ktunaxa homelands.
“We are pleased the Ministry has recognized the significance of ʔamakʔis Ktunaxa to the Ktunaxa people in its decision assessing penalties against EVR,” said KNC Chair Kathryn Teneese.
On October 1, 2025, the Ministry announced at total of $3,626,750 in penalties to EVR for failure to comply with its Environmental Management Act (EMA) Permit 107517.
In the decision, the Ministry highlighted the Ktunaxa’s stewardship responsibilities for ʔa·kxam̓is q̓api qapsin (all living things), noting the Ktunaxa perspective that wuʔu (water) is a sacred, life-giving entity that supports Ktunaxa people and culture now and into the future.
“As Ktunaxa, we are responsible for stewarding land and water in ʔamakʔis Ktunaxa, and we are steadfast in our desire to see water quality improve in Qukin ʔamakʔis and the Elk and Kootenay rivers,” said Teneese. “We are all part of ʔamakʔis Ktunaxa and must protect it so it will continue to support us culturally, economically and spiritually, as it has since time immemorial.”
Penalties for delay in water treatment
The penalties relate to EVR’s delay in operating water treatment facilities at the Fording River and Elkview coal mining operations, (which are required by its permit), and to water-quality non-compliances which have resulted from those treatment delays.
“The penalties confirm continued pollution of this watershed from coal mining,” said Teneese.
These latest penalties are for the period between March 2021 and March 2023. They are in addition to previous penalty determinations released in January 2023, which totaled $16 million, (and which are under appeal by EVR).
“This pattern of non-compliance and ongoing impacts to wuʔu in the Elk and Kootenay rivers from EVR is unacceptable,” Teneese said.
“Ktunaxa rely on these areas for harvesting rights and for the continuation and teaching of cultural and spiritual practices.”
The Ktunaxa Nation Council agrees with the Ministry’s determination that penalties should be substantive enough to deter EVR from future non-compliances related to required water-treatment timelines and results.
“We’re encouraged to see this enforcement action,” Teneese said. “As title holders, we expect the Province to uphold its permits and other authorizations, and we expect EVR to be in compliance with those authorizations at all times.
“We will continue to hold both parties accountable and to seek better environmental outcomes through government-to-government and government-to-industry engagement.”
The 300+ page determinations document will soon be available on the Provincial website: https://nrced.gov.bc.ca/records.
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