BC Supreme Court Rules Seabridge Goldâs KSM Substantially Started Decision Was Reasonable
BC Supreme Court Rules Seabridge Goldâs KSM Substantially Started Decision Was Reasonable
Toronto, Ontario â June 2026: Seabridge Gold Inc. has reported a major legal development involving its KSM project in northwestern British Columbia, after the Supreme Court of British Columbia ruled that the BC Environmental Assessment Officeâs decision to recognize the project as âsubstantially startedâ was reasonable.
The ruling relates to two legal petitions challenging the Environmental Assessment Officeâs determination that Seabridge Goldâs KSM project had reached substantial start status as of July 24, 2024. The court upheld the reasonableness of the determination, while also finding that additional consultation is required with the Tsetsaut Skii km Lax Ha, also known as TSKLH.
Court Finds EAO Decision Reasonable
The BC Supreme Court concluded that the Environmental Assessment Office acted reasonably when it determined that the KSM project had been substantially started. This finding is important because substantial start status can play a key role in maintaining the validity of an environmental assessment certificate for a major resource project.
However, the court also ruled that the Environmental Assessment Office did not complete sufficient consultation with TSKLH before making its decision. As a result, the EAO must now give TSKLH a specific 90-day period to submit written comments on whether the KSM project should be considered substantially started.
Further Consultation Required With TSKLH
Although the court did not reject the substantial start determination itself, it ordered the Environmental Assessment Office to reconsider the decision after receiving written submissions from TSKLH. This means the process will continue, but the ruling confirms that the original decision was not unreasonable.
The court also dismissed a second petition filed by SkeenaWild Conservation Trust, which had also challenged the substantial start determination.
Seabridge Gold Says Work Will Continue
Seabridge Gold Chair and CEO Rudi Fronk said the company is satisfied that the court confirmed the reasonableness of the Environmental Assessment Officeâs decision. The company stated that work at KSM will continue during the additional consultation process and the EAOâs reconsideration.
According to Seabridge, the company has continued to make permanent physical improvements at the KSM site. Since applying for substantial start status in January 2024, Seabridge says it has spent an additional C$208 million on permanent works. This brings total expenditures at KSM to about C$1.2 billion.
Why the KSM Project Matters
The KSM project is one of Seabridge Goldâs principal assets and is located in British Columbiaâs Golden Triangle, a region known for major mineral exploration and development activity. Seabridge holds a 100% interest in the project.
The companyâs broader portfolio also includes the Bronson Corridor project in British Columbia, the Snowstorm project in Nevadaâs Getchell Gold Belt, and the 3 Aces project in Yukon.
Support From Indigenous Groups
Seabridge also stated that it remains appreciative of the support it has received from the Nisgaâa Nation, the Tahltan Nation, and the Gitxsan Hereditary Chiefs Office regarding the KSM project.
At the same time, the courtâs decision shows that consultation remains a central part of major project approvals in British Columbia, especially when Indigenous groups raise concerns about environmental assessment decisions.
What Happens Next
The next step is for the Environmental Assessment Office to provide TSKLH with 90 days to submit written materials. After that period, the EAO must reconsider whether the KSM project was substantially started.
For Seabridge Gold, the ruling is a positive legal development because the court confirmed that the original substantial start decision was reasonable. Still, the final administrative process is not fully complete until the additional consultation and reconsideration are finished.
Conclusion
The BC Supreme Courtâs decision gives Seabridge Gold an important legal confirmation regarding its KSM project. While the court required more consultation with TSKLH, it also found that the Environmental Assessment Officeâs substantial start determination was reasonable and dismissed the challenge brought by SkeenaWild Conservation Trust.
The case now moves back to the Environmental Assessment Office for further consultation and reconsideration. Meanwhile, Seabridge Gold says it will continue its planned work at KSM as the process moves forward.
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