Eskay Creek cleared to proceed with legally binding conditions and safeguards

Julie Dabrusin, the federal minister of the environment and climate change, issued a decision statement on January 26, 2026, determining that the benefits of the Eskay Creek revitalization project outweigh its potential negative impacts in areas of federal jurisdiction. The decision statement follows a substituted impact assessment led by the Government of British Columbia under the Impact Assessment Cooperation Agreement Between Canada and British Columbia, conducted in collaboration with the Tahltan Nation.

Eskay Creek Mining proposed the open-pit gold and silver mine, which the government said is expected to create more than 700 jobs and stimulate economic growth in northern British Columbia. The federal government stated that the project’s design, which incorporates environmental safeguards and was developed with extensive Indigenous engagement, together with legally binding conditions in the decision statement and regulatory mechanisms, will mitigate or avoid potential negative impacts within federal jurisdiction.

The decision statement includes measures intended to reduce adverse effects on fish and fish habitat, migratory birds, and transboundary water. It also requires actions to safeguard Indigenous health and socio-economic conditions, protect cultural heritage and traditional land use, and accommodate potential impacts on the rights of Indigenous peoples.

The federal government said it worked closely with British Columbia and the Tahltan Nation to coordinate the assessment, minimize duplication, and streamline federal conditions by leveraging provincial mechanisms and relying on the most appropriate regulators for key effects. Officials said this approach reduced regulatory overlap while ensuring that federal jurisdictional effects received appropriate attention.

Officials added that the assessment drew on western science, Indigenous knowledge, and public input, and produced conditions and planning measures intended to support a well-designed project that will benefit Canadians. They said the process aimed to increase certainty, predictability, and transparency around federal regulatory authorizations and to support effective project planning, engagement, and investor confidence.

"The Eskay Creek revitalization project is another great example of how cooperation with First Nations and provincial governments can accelerate development while continuing to protect the environment and uphold Indigenous Rights," Minister Julie Dabrusin stated.

British Columbia’s environmental assessment office conducted the substituted assessment on behalf of the federal government under the substitution provisions of the Impact Assessment Act, reflecting both governments’ commitment to a “one project, one review” approach.

Officials said this is the second substituted assessment completed under the amended Impact Assessment Act (2024) and B.C.’s Environmental Assessment Act (2018), and that the Impact Assessment Agency of Canada collaborated with federal permitting departments to identify required permits for construction and to inform Impact Assessment report development, conditions, and Crown consultations.

Canada, British Columbia, and the Tahltan Central Government worked together to streamline the assessment process in line with jurisdictional requirements and the Declaration Act Consent Decision-Making Agreement for the Eskay Creek Project, which recognizes the Tahltan Nation’s consent-based decision-making role. The assessment included consultation with Gitanyow Nation, Métis Nation British Columbia, Nisg̱a'a Nation, Tahltan Central Government, and Tsetsaut / Skii km Lax Ha Nation.

Officials noted that the assessment incorporated specific provisions of the Nisga'a Final Agreement, including requirements under Chapter 10, and that the minister issued a project recommendation alongside her decision under the Impact Assessment Act. They also said this assessment represents the first project review to include the Gitanyow Nation Wilp sustainability assessment process, a new approach to incorporating Indigenous knowledge and studies into project assessment.