CANADA Law and Practice Contributed by: Darrell Podowski, Brian Dominique, Joel Matson and Christa Alvernaz, Cassels Brock & Blackwell LLP
Taseko Mines – Prosperity Project In 2010, Taseko Mines’ “Prosperity Project” in British Columbia was denied regulatory approv - al after an adverse environmental assessment flagged issues with the draining of Teẑtan Biny (Fish Lake) and associated impacts to local First Nations communities, who strongly opposed the project. Taseko later proposed a “New Prosper - ity Project”, which attempted to address regu - lator concerns and did not involve the drain - ing of Fish Lake. Taseko attempted to reach agreements with local First Nations and to seek remedies through the courts, but the Tsilqhot’in Nation remained opposed to the project, and the Supreme Court of Canada refused to hear Taseko’s 2020 regulatory appeal in connection with the project. Taseko continues to list the New Prosperity Project on its website, but no updates have been reported beyond 2023. Reports indicated that stakeholders would discontinue negotiations if a resolution was not reached by the end of 2024; however, as of January 2025, there have been no press releases issued by Taseko indicating that the status of this project has changed.
extreme weather events, rising sea levels, the melting of Arctic permafrost and other natural phenomena. Major Canadian mining companies consider these potentially significant effects on their operations. 3.2 Climate Change Legislation and Proposals Related to Mining Canada has a two-tiered approach to climate change regulation: federal and provincial. As detailed below, federal regulations prevail in cases where provincial regimes do not meet the The Greenhouse Gas Pollution Pricing Act imple - ments the federal carbon pollution pricing (fee) scheme aimed at reducing GHG emissions, and in 2021 the Supreme Court of Canada upheld the constitutionality of this legislation. The fed - eral scheme has two key parts: minimum standards. Federal Regulation • a fuel charge administered by the Canada Revenue Agency and imposed on 21 types of fuel and combustible waste – the fuel charge in 2024 was CAD80 per tonne of carbon diox - ide equivalent, and will increase by CAD15 per tonne annually until it reaches CAD170 per tonne in 2030; and • an output-based pricing system, whereby facilities pay a carbon price for emissions exceeding a maximum threshold. Federal climate change legislation affecting the mining industry also includes the Regulations Respecting Reduction in the Release of Meth - ane and Certain Volatile Organic Compounds, which came into force in January 2023, and the overlapping environmental protection regimes discussed in 2. Impact of Environmental Pro- tection and Community Relations on Mining Projects .
3. Climate Change, Energy Transition and Sustainable Development in Mining 3.1 Climate Change Effects
National and provincial (regional) governments in Canada and abroad have introduced climate change legislation that affects the mining indus - try, in addition to international treaties. Climate change standards are generally becoming more stringent and are expected to increase compli - ance costs. Climate change itself may also impose risks on mining industry operations due to increases in
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