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Compliance and enforcement in the Elk Valley
The B.C. government has a compliance and enforcement program to verify EVR Operations Limited (EVR) is following the legal requirements that are in place to protect the environment.
Most compliance and enforcement activities related to water quality and environmental protection are completed by the Ministry of Environment and Parks. However, the Ministry of Mining and Critical Minerals and the Environmental Assessment Office also conduct compliance and enforcement on their authorizations.
Each agency is part of the natural resource sector-wide Compliance Management Framework and has its own team of inspectors, separate from the staff involved in permitting. They review industry activities and hold them accountable for meeting regulatory requirements. Collaboration is done across ministries and with other agencies.
To confirm that EVR is complying with their permit requirements, inspectors:
- Conduct data reviews
- Conduct on-site inspections
- Respond to complaints
- Review non-compliance reports submitted by EVR
The compliance status of each requirement assessed during an inspection is included in an Inspection Report. If all permit requirements are being followed, a Notice of Compliance is issued. If non-compliances are found, they’re documented and inform the outcome of the inspection.
Learn more about the B.C. government’s approach to mining compliance and enforcement, and environmental compliance in B.C.
Compliance with water quality limits
Approximately 25 water samples are collected at each Compliance Point and Order Station every year.
The data is analyzed to determine the average concentration for each substance in every month. These results are compared with the limits specified in the permit. Data is available to view in the Elk Valley Water Quality Dashboard.
Permit 107517 is a valley-wide permit regulating effluent discharge from EVR’s five coal mines in the Elk Valley. Since the permit’s issuance in 2014, EVR has achieved compliance with the water quality limits most of the time. The total annual water quality compliance rates for each year are summarized in the table below.
| 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | 2024 | 2025 |
| 98% | 97% | 95% | 93% | 97% | 96% | 89% | 91% | 95% | 93% | 96% |
Compliance rates have varied at different locations within the watershed. Most locations consistently achieve the permit requirements, though there are a few locations at which selenium and nitrate compliance levels are a little lower. The first table below summarizes recent annual compliance rates for specific substances at compliance points throughout the watershed. The second table summarizes achievement of site performance objectives at other key monitoring locations.
| Compliance Points | Selenium | Nitrate | Sulphate | Cadmium | ||||||||
| 2023 | 2024 | 2025 | 2023 | 2024 | 2025 | 2023 | 2024 | 2025 | 2023 | 2024 | 2025 | |
| Fording River Operations Fording River | 58% | 42% | 42% | 25% | 25% | 50% | 100% | 100% | 100% | 100% | 100% | 100% |
| Greenhills Operations Fording River | 83% | 83% | 100% | 75% | 67% | 100% | 100% | 100% | 100% | 100% | 100% | 100% |
| Greenhills Operations Elk River | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% |
| Line Creek Operations Line Creek | 100% | 100% | 100% | 42% | 50% | 33% | 100% | 100% | 100% | 100% | 100% | 100% |
| Elkview Operations Harmer Creek | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% |
| Elkview Operations Michel Creek | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% |
| Coal Mountain Mine Michel Creek | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% |
| Order Stations | Selenium | Nitrate | Sulphate | Cadmium | ||||||||
| 2023 | 2024 | 2025 | 2023 | 2024 | 2025 | 2023 | 2024 | 2025 | 2023 | 2024 | 2025 | |
| Fording River Downstream of Greenhills Creek | 83% | 83% | 100% | 75% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% |
| Fording River Downstream of Line Creek | 92% | 67% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% |
| Elk River Upstream of Boivin Creek | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% |
| Elk River Upstream of Grave Creek | 100% | 83% | 100% | 75% | 75% | 100% | 100% | 100% | 100% | 100% | 100% | 100% |
| Elk River Downstream of Michel Creek | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% |
| Elk River at Elko Reservoir | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% |
| Koocanusa Reservoir Downstream of the Elk River | 92% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% | 100% |
Learn more about compliance limits and site performance objectives here.
Ensuring data validity
A split sample audit is one way the ministry confirms that results being reported by EVR are valid. During a split sample audit, a water sample is collected and then separated into two sets of sample bottles. One set of samples is analyzed at the qualified laboratory that EVR regularly uses for its analyses, and the other is analyzed at the B.C. government’s laboratory. The results are then compared to see if they are the same.
Split sample audits evaluate the entire process of sample collection, handling, and laboratory analysis to ensure that data generated by permit holders meets an acceptable level of precision and accuracy.
B.C. and the Ktunaxa Nation engagement on compliance
The B.C. government ensures the Ktunaxa Nation is engaged in compliance and enforcement by:
- Conducting accompanied inspections
- Providing copies of all inspection reports
- Providing annual inspection summary reports
- Communicating regularly on compliance and enforcement
Non-compliance outcomes
A risk-based non-compliance decision matrix is used to determine the best tool to restore compliance quickly and to encourage future compliance. These tools include:
- Advisories
- Warnings
- Administrative (monetary) penalties
- Referrals for investigation and prosecution
The decision matrix considers impacts to the environment (including human health) and the ability of a regulated party to return to compliance.
Continuing non-compliance may result in stronger enforcement actions over time. Administrative penalties are a stronger enforcement response than advisories and warnings. They’re becoming more common as the ministry responds to continuing non-compliances.
Environmental Management Act inspections
The Ministry of Environment and Parks regulates EVR through 22 waste discharge permits to the protect the environment from pollution, including permit 107517. EVR must also follow multiple regulations under the Environmental Management Act (EMA).
Over 200 inspections have been completed for EVR’s Elk Valley sites since 2014 when the Elk Valley Water Quality Plan was approved.
The Natural Resource Compliance and Enforcement Database includes all reports on EVR’s history of compliance since 2017 and the outcomes of administrative penalty processes.
Filters can be used to view results:
- For all EMA authorizations issued to EVR Operations Ltd. in the Elk Valley
- For all EMA authorizations issued to Teck Coal Ltd. (now EVR Operations Ltd.) in the Elk Valley
To stay informed about environmental compliance in B.C. follow the Ministry of Environment and Parks on X (formerly Twitter).
