Bamberton Cumulative Effects Analysis

Status of Proposed Cumulative Effects Analyis (CEA) of Saanich inlet as ordered by BC Minister of Environment, June 2023.¹

Notes of a telephone conversation between Michael Simmons (Vice President, Saanich Inlet Protection Society) and Monica Pearson (Director of Regional Initiatives, Coast Area Land Use Policy Planning and Ecosystems BC Ministry of Water, Land and Resource Stewardship), January 30th 2026.

Follow up on original conversation concerning the Ministerial Order for a CEA of Saanich Inlet.

• Background: First conversation between John Pennington and Michael Simmons of SIPS and Monica Pearson in 2023. This meeting discussed SIPS request for an EIA from the Provincial EAO which was declined. In his reasons for decision the BC Minister of Environment ordered preparation of a CEA for the Inlet. In the first conversation with Monica Pearson (MP) after she was appointed Team Leader, she declined to respond to our questions about the proposed CEA’s content, scope, participation or timing, as all these questions were to be discussed with the First Nations and those discussions were in camera until they were resolved.
• In this Jan 30 2026 conversation MP began by saying she believed a trusted relationship had been achieved at the “table”. This was a critical component of reconciliation and had taken time, and continues to require rebuilding, after 200 years of broken trust.
• The parties are near to an 'Enabling Agreement', which outlines the commitment of the Province and the Partner Nations to work together, and includes objectives and intentions. The document must still go through approvals, and when finalized will likely be made public (process, location tbd).

  There are four components emerging in the collaborative work with the First Nations. They are:

  1. The CEA, currently led by BC Cumulative Effects team, following the Provincial Guidelines
  2. Integration of Knowledge about Water Quality.
  3. Joint Planning of Stewardship Projects, and
  4. Cultural interconnections.

1 Reasons for Decision of the Minister
IN THE MATTER OF AN APPLICATION TO DESIGNATE THE BAMBERTON PROJECTS AS REVIEWABLE UNDER THE ENVIRONMENTAL ASSESSMENT ACT (2018) BY THE SAANICH INLET PROTECTION SOCIETY JUNE 27, 2023. Relevant sections are appended on pages 3 and 4.

We discussed each component, as follows.

1. The CEA.
   • The process begins with establishing “values”. The Provincial team has created a first draft focused on the “marine foreshore”. The foreshore is defined as marine waters less than 20m in depth. Six foreshore habitat types are defined and spatially described using arc/GIS. “stressors” have been identified for each of these habitat types with a “vulnerability” scoring for each.
   • The first draft analysis has been done, but requires validation, review and documentation before public release. MP said the data will be more readily available to organizations with geospatial capacity - if SIPS is able to connect the Provincial team with a person able to accept the raw data they will be able to do so. I said that is quite possible. Otherwise, the timing of public release will depend on the creation of easily understandable maps that can be used by interested lay people.
2. Water Quality. MP said there are many useful programs, and an attempt will be made to integrate them. Key pieces of data relate to bacterial contamination, that affects shellfish harvesting. There will be gaps in the data and decisions will need to be made on the need to collect new data. Another topic of interest is “shoreline erosion”. We discussed the continuing SIPS program to test for bacteria in Brentwood Bay and the willingness to partner with Tsartlip Marine Guardians. Also noted that to confirm the presence of human sewage a test for caffeine or sucralose was necessary. A UVic student has been researching this method at sites around the Saanich Peninsula.
3. Joint Projects. WLRS is funding a Program Coordinator to be hired through Tsartlip on behalf of the Partner First Nations. The job is advertised now. The purpose is to support the work of the Forum. Note - the Coordinator will support the work of the Forum, and does not have a singular focus on water quality. An integrated water quality project is one of the objectives, but there is not a timeline on when MP will be ready to reach out to local community groups.
   • I (MS) noted that we have had recent discussion with the Oceanography program at UVic whose research vessel is used to train students at all levels. We are exploring ways to utilize data collected by their marine program and to access funding available through the Federal government that requires participation from both First Nations and community groups such as SIPS. I promised to connect MP with the Oceanography program representative.
4. We did not discuss the cultural aspects of the collaboration between WLRS and the First Nations.

Prepared by Michael Simmons and edited by Monica Pearson 28th February 2026

Relevant Background Material extracted from the Ministerial Reasons for Decision

4.2. Section 11(4) Factors

With respect to the matters relevant to my decision, I have considered the EAO’s analysis of the factors set out in Section 11(4) of the Act.

Section 11(4)(a)

I agree with the conclusion in the EAO’s report that the Applicant is not a First Nation. I recognize that while not applicants, the Tsartlip First Nation and Tsawout First Nation support designation of the Bamberton Projects, and that one of the Proponents is Malahat Nation, which is a First nation.

Section 11(4)(b)

I agree with the conclusion in the EAO’s report that the Bamberton quarry expansion could have effects on First Nations and their rights recognized and affirmed by Section 35 of the Constitution Act, 1982. I recognize that the Bamberton Projects are within the core territory of Malahat Nation who has described that the Bamberton quarry expansion would have positive effects on their rights, including Douglas Treaty Rights, and title.

I also recognize that Tsartlip First Nation and Tsawout First Nation have indicated that the Bamberton quarry expansion would have adverse impacts on their Douglas Treaty Rights, including the right to carry on fisheries as formerly in their traditional territories. Tsartlip First Nation and Tsawout First Nation have noted that their Douglas Treaty rights to fish have been impacted by increased traffic of larger vessels, pollution to water ways, and impacts to fish and fish habitat.

Section 11(4)(c)

During the designation application review process for the Bamberton Projects conducted by the EAO, the Applicant, First Nations and other participants raised two key concerns: the potential effects (including cumulative effects) on the Saanich Inlet and the need for additional public engagement during the regulatory review process.

The Tsartlip and Tsawout First Nations also raised concerns about cumulative effects and the potential impacts on their Douglas Treaty Rights.

I acknowledge that the EAO concluded that it is unlikely that the Bamberton quarry expansion would result in potential cumulative effects on the Saanich Inlet after considering proposed mitigation measures by the proponent and those that are or will be required by permit conditions together with required best management practices. I also recognize that there are unique environmental attributes of the Saanich Inlet as well as previously determined concerns regarding cumulative effects (identified in a Ministry of Environment review of the area in the Saanich Inlet Study conducted in 1996).

During my deliberations, I initiated discussions with the EAO, the Ministry of Energy, Mines, and Low Carbon Innovation (EMLI), the Ministry of Water, Land and Resource Stewardship (WLRS) and the respective Ministers to determine the best means to address cumulative effects and other concerns raised by the applicant and First Nations. As a result of these discussions, I understand that the province will enhance the Mines Act permit amendment review process as well as develop and implement a cumulative effects analysis in partnership with First Nations.
These two measures will substantially enhance the existing regulatory process for the proposed quarry expansion that has been underway since 2019 under the Mines Act in response to the specific concerns expressed during the EAO review.

These measures include:

• WLRS, as the lead ministry, will work with potentially impacted First Nations to develop and complete a collaborative cumulative effects analysis within the Saanich Inlet, which will run parallel to, but independently of, the Mines Act permit amendment process. WLRS may rely upon advice from the EAO regarding the scope, objectives and methods of the cumulative effects analysis and will work together with other participants including potentially impacted First Nations;
• The results of the cumulative effects analysis will not be completed concurrently with the Mines Act permit amendment process currently underway but, if relevant, the results of the analysis will inform future proposed authorizations or permit amendments in the area once results are available;
• The scope and approach for this analysis will need to be defined in partnership with First Nations and will require additional funding for First Nations to fully participate in this process;