Mines Investigations Unit
The primary purpose of all MIU investigations is to identify the cause of the incident, including contributing factors, so that similar incidents can be prevented in the future. In order to complete investigations in a timely and thorough manner, and unless otherwise directed by the Senior Director, Investigations, the MIU will investigate in accordance with the MIU business rules in effect at the time of the incident.
All investigations into serious incidents or fatalities are conducted by the MIU pursuant to section 7 of the Mines Act.
The MIU will prepare an investigation report in one of three formats:
Section 7 Mines Act Investigation Report
This report will be an Investigation Report detailing the findings of the investigation and will address the factors believed to be causal to the incident, recommendations for prevention and recommendations for EMLI action (e.g. issuance of orders by inspectors responsible for ongoing compliance verification) falling short of escalation to administrative monetary penalty or prosecution enforcement. This report will be addressed to the Executive Director, Regulatory Management and Enforcement and will be shared with the Chief Inspector of Mines.
A copy of the report compliant with the Freedom of Information and Protection of Privacy Act is shared with the subject of the investigation.
Administrative Monetary Penalty Recommendation Report
This report will be an Investigation Report detailing the findings of the investigation and will address the factors believed to be causal to the incident, recommendations for prevention, identification of alleged non-compliances requiring enforcement action and recommendations for such EMLI enforcement action by way of an award by a Statutory Decision Maker (SDM) of an Administrative Monetary Penalty (AMP). These reports will be submitted to the SDM for decision.
Respondent parties subject to the AMP recommendation will be given an Opportunity to be Heard in accordance with section 36.4 of the Mines Act. This will include a copy of the investigation report.
Report to Crown Counsel
This report will be an Investigation Report detailing the findings of the investigation and will address the factors believed to be causal to the incident, it will identify non-compliances believed to be sufficiently serious as to warrant a consideration by Crown as to whether such non-compliances should be prosecuted in Provincial Court. This report will be addressed to Crown Counsel (Deputy Director Criminal Appeals and Special Prosecutions (CASP)).
In this case, disclosure responsibilities are met by the Crown (BC Prosecution Service).
Publication of Investigation Findings
In each case that has been investigated MIU will be responsible for preparing a summary document detailing the investigation findings together with any enforcement action taken. This summation will be published by EMLI after the expiry (in the case of enforcement actions) of any applicable period of appeal. In the case of an administrative monetary penalty decision, the reasons for decision document may be used as this summary.
Notification of publication to relevant parties, including but not limited to next of kin, mine management, partner agencies and labour representatives, will be completed by the date of publication of investigation findings. Notification will be completed by the MIU and ED RME, in consultation with colleagues as required.
Publication of Safety Alerts of Hazard Alerts
Safety or Hazard Alerts relating to the subject matter of the incident reported upon may be issued at any time during an investigation. A Hazard Alert may also accompany the publication of a summary of findings and any enforcement action taken.
Hazard Alerts are located here.