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From Canadian Environmental Assessment Agency to Taseko Mines Limited re: Application of the s.6 prohibition under the Canadian Environmental Assessment Act, 2012

Canadian Environmental Assessment Agency
160 Elgin St., 22nd floor
Ottawa ON K1A 0H3

Agence canadienne d'évaluation environnementale
160, rue Elgin, 22e étage
Ottawa ON K1A 0H3

July 28, 2017

Agency File No.: 63928

Mr. John McManus
Chief Operating Officer
Taseko Mines Limited
15th Floor, 1040 West Georgia Street
Vancouver, BC V6E 4H1

Sent via email: JMcManus@tasekomines.com

SUBJECT: Application of the s.6 prohibition under the Canadian Environmental Assessment Act, 2012 (CEAA 2012) to the proposed activities at the site of the New Prosperity Gold-Copper Mine Project

Dear Mr. McManus:

Thank you for your letter dated July 21, 2017, regarding proposed activities at the site of the New Prosperity Gold-Copper Mine Project (proposed activities). The Canadian Environmental Assessment Agency (the Agency) has reviewed the information provided and the enclosed documents.

The purpose of this letter is to inform Taseko Mines Limited that the Agency considers the proposed activities described in the Notice of Work to be in connection with the carrying out of the New Prosperity Gold-Copper Mine Project, the designated project that was subject to an environmental assessment under CEAA 2012 and was rejected by the federal government in 2014. Furthermore, following a review of the British Columbia's Revised Impacts Assessment (March 13, 2017) and British Columbia's Reasons for Decision (July 17, 2017), the Agency is of the view that the proposed activities may cause an environmental effect pursuant to subsection 5(1) of CEAA 2012. As a result, the proposed activities are subject to the prohibitions of CEAA 2012.

Please note the following relevant provisions of CEAA 2012:

s.6 The proponent of a designated project must not do any act or thing in connection with the carrying out of the designated project, in whole or in part, if that act or thing may cause an environmental effect referred to in subsection 5(1) unless

  • (a) the Agency makes a decision under paragraph 10(b) that no environmental assessment of the designated project is required and posts that decision on the Internet site; or
  • (b) the proponent complies with the conditions included in the decision statement that is issued under subsection 31(3) or section 54 to the proponent with respect to that designated project indicates that the designated project is not likely to cause significant adverse environmental effects or that the significant adverse environmental effects that it is likely to cause are justified in the circumstances.

Each day an alleged violation under s.6 occurs constitutes a separate offence as indicated in s.99(4) of CEAA 2012.

The Agency is responsible for the administration of CEAA 2012 including promoting, monitoring and facilitating compliance with CEAA 2012. The Agency may consider conducting an inspection of the site of the proposed activities, in order to determine if any activities have occurred in connection to the designated project. Enforcement action may be taken should Taseko Mines Limited not comply with the requirements of CEAA 2012.

Do not hesitate to contact me at (613) 957-0500 or via e-mail at compliance.conformite@ceaa-acee.gc.ca should you have any questions.

Sincerely,

<Original signed by>

Kristin Coverley
Senior Compliance Enforcement Officer, Compliance and Enforcement Unit
Canadian Environmental Assessment Agency

cc: Brian Battison, Vice President, Taseko Mines Limited
Lisa Walls, Regional Director, Canadian Environmental Assessment Agency
J.P. Laplante, Mining, Oil and Gas Manager, Tsilhqot'in National Government
Rick Adams, Senior Inspector of Mines – Permitting, British Columbia Ministry of Energy and Mines
Paul Craven, Executive Director, Policy and Quality Assurance, British Columbia Ministry of Environment
Shelley Murphy, Executive Project Director, British Columbia Ministry of Environment

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