Funds designated for use in Qukin ʔamakʔis (Elk Valley)

Overview

Following a comprehensive investigation by Environment and Climate Change Canada, on March 26, 2021, Teck Coal Limited was ordered to pay a total of $60 million in fines and monetary court orders after pleading guilty to two counts of unlawfully depositing a deleterious substance into water frequented by fish, contrary to s. 36(3) of the Fisheries Act. This historic sentence is the highest ever imposed by a court for pollution in violation of the Fisheries Act and $58 million of the penalty was directed to the Government of Canada’s Environmental Damages Fund.

Governance

Since 2021, Environment and Climate Change Canada, administrator of the Environmental Damages Fund, and the Ktunaxa Nation have been co-developing an approach to distribute the funds. Working in partnership will help make sure that the funds invested in Qukin ʔamakʔis (the Elk Valley) and Ktunaxa homelands support projects that align with Ktunaxa stewardship principles and priorities.

Distribution of funds

A number of factors were considered in the approach to distributing the funds, including court recommendations that suggested that a portion be allocated to one or more First Nations in the Kootenay Region of BC to be used for projects designed to enhance, restore or conserve fish or fish habitat.

Consistent with these recommendations and other considerations, the EDF has made available up to:

• $30 million in non-competitive funding to Ktunaxa First Nations and Ktunaxa Nation Council
• $6 million in non-competitive funding to Shuswap Band
• $6 million in non-competitive funding to Okanagan Nation Alliance
• $16 million through an open competitive call for applications co-developed and jointly reviewed with Ktunaxa Nation

These funds will support projects that enhance, restore or conserve fish or fish habitat in British Columbia’s Kootenay Region, focused on benefiting Qukin ʔamakʔis (Elk Valley).

Use of funds

The purpose of the EDF is to fund projects that restore damage to the natural environment and support wildlife conservation, in a cost-effective way. Fines directed to the EDF are used to fund projects that focus on the following four categories in order of priority:

• Restoration
• Environmental quality improvement
• Research and development
• Education and awareness

Learn more about the types of projects and eligible recipients.