Metal Mining Effluent Regulations (SOR/2002-222)

Regulations are current to 2016-08-01 and last amended on 2016-06-22. Previous Versions

Metal Mining Effluent Regulations

SOR/2002-222

FISHERIES ACT

Registration 2002-06-06

Metal Mining Effluent Regulations

P.C. 2002-987  2002-06-06

Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsections 34(2), 36(5) and 38(9) of the Fisheries Act, hereby makes the annexed Metal Mining Effluent Regulations.

PART 1General

Interpretation

  •  (1) The following definitions apply in these Regulations.

    Act

    Act means the Fisheries Act. (Loi)

    acute lethality test

    acute lethality test means the test to determine the acute lethality of effluent to rainbow trout as set out in Reference Method EPS 1/RM/13. (essai de détermination de la létalité aiguë)

    acutely lethal effluent

    acutely lethal effluent means an effluent at 100% concentration that kills more than 50% of the rainbow trout subjected to it over a 96-hour period when tested in accordance with the acute lethality test. (effluent à létalité aiguë)

    authorization officer

    authorization officer means the holder of the title that is set out in column 2 of Schedule 1 for a province that is set out in column 1 where a mine or recognized closed mine is located. (agent d’autorisation)

    commercial operation

    commercial operation, in respect of a mine, means an average rate of production equal to or greater than 10% of the design-rated capacity of the mine over a period of 90 consecutive days. (exploitation commerciale)

    composite sample

    composite sample means

    • (a) a quantity of effluent consisting of not less than three equal volumes or three volumes proportionate to flow that have been collected at approximately equal time intervals over a sampling period of not less than seven hours and not more than 24 hours; or

    • (b) a quantity of effluent collected continuously at a constant rate or at a rate proportionate to the rate of flow of the effluent over a sampling period of not less than seven hours and not more than 24 hours. (échantillon composite)

    Daphnia magna monitoring test

    Daphnia magna monitoring test means the test to determine the acute lethality of effluent to Daphnia magna as set out in Reference Method EPS 1/RM/14. (essai de suivi avec bioessais sur la Daphnia magna)

    deleterious substance

    deleterious substance means a substance prescribed under section 3 except as otherwise prescribed by these Regulations. (substance nocive)

    effluent

    effluent means an effluent — hydrometallurgical facility effluent, milling facility effluent, mine water effluent, tailings impoundment area effluent, treatment pond effluent, seepage and surface drainage, treatment facility effluent other than effluent from a sewage treatment facility — that contains a deleterious substance. (effluent)

    final discharge point

    final discharge point, in respect of an effluent, means an identifiable discharge point of a mine beyond which the operator of the mine no longer exercises control over the quality of the effluent. (point de rejet final)

    grab sample

    grab sample means a quantity of undiluted effluent collected at a time prescribed by these Regulations. (échantillon instantané)

    hydrometallurgical facility effluent

    hydrometallurgical facility effluent means effluent from the acidic leaching, solution concentration and recovery of metals by means of aqueous chemical methods, tailings slurries, and all other effluents deposited from a hydrometallurgical facility. (effluent d’installations d’hydrométallurgie)

    hydrometallurgy

    hydrometallurgy means the production of a metal by means of aqueous chemical methods for acidic leaching, solution concentration and recovery of metals from metal-bearing minerals other than metal-bearing minerals that have been thermally pre-treated or blended with metal-bearing minerals that have been thermally pre-treated. (hydrométallurgie)

    milling

    milling means any of the following activities for the purpose of producing a metal or metal concentrate:

    • (a) crushing or grinding ore; or

    • (b) processing uranium ore or uranium enriched solution. (préparation du minerai)

    milling facility effluent

    milling facility effluent means tailing slurries, heap leaching effluent, solution mining effluent and all other effluent deposited from a milling facility. (effluent d’installations de préparation du minerai)

    mine

    mine means hydrometallurgical, milling, or mining facilities that are designed or used to produce a metal, a metal concentrate or an ore from which a metal or metal concentrate may be produced or any facilities, including smelters, pelletizing plants, sintering plants, refineries and acid plants, where any effluent from the facility is combined with the effluent from hydrometallurgy, milling or mining. (mine)

    mine under development

    mine under development means a mine where the construction of an open pit or underground mine has started. (mine en développement)

    mine water effluent

    mine water effluent means, in respect of mining activities, water that is pumped from or flows out of any underground works, solution chambers or open pits. (effluent d’eau de mine)

    monthly mean concentration

    monthly mean concentration means the average value of the concentrations measured in all composite or grab samples collected from each final discharge point during each month when a deleterious substance is deposited. (concentration moyenne mensuelle)

    new mine

    new mine means a mine that begins commercial operation on or after June 6, 2002. (nouvelle mine)

    operations area

    operations area means all the land and works that are used or have been used in conjunction with a hydrometallurgical, milling or mining activity, including

    • (a) open pits, underground mines, heap leaching areas, solution mines, buildings, ore storage areas and waste rock dumps;

    • (b) tailings impoundment areas, lagoons and treatment ponds; and

    • (c) cleared or disturbed areas that are adjacent to the land and works that are not included in paragraph (a) or (b). (chantier)

    operator

    operator means the person who operates, has control or custody of or is in charge of a mine or recognized closed mine. (exploitant)

    placer mining

    placer mining means a mining operation that extracts minerals or metals from stream sediments by gravity or magnetic separation. (exploitation des placers)

    recognized closed mine

    recognized closed mine means a mine referred to in section 32 for which the owner or operator has satisfied the requirements of subsection 32(1). (mine fermée reconnue)

    Reference Method EPS 1/RM/13

    Reference Method EPS 1/RM/13 means Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Rainbow Trout (Reference Method EPS 1/RM/13), July 1990, published by the Department of the Environment, as amended in December 2000, and as may be further amended from time to time. (méthode de référence SPE 1/RM/13)

    Reference Method EPS 1/RM/14

    Reference Method EPS 1/RM/14 means Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Daphnia magna (Reference Method EPS 1/RM/14), July 1990, published by the Department of the Environment, as amended in December 2000, and as may be further amended from time to time. (méthode de référence SPE 1/RM/14)

    reopened mine

    reopened mine means a mine that resumes commercial operation on or after June 6, 2002. (mine remise en exploitation)

    surface drainage

    surface drainage means all surface run-off contaminated by a deleterious substance as a result of flowing over, through or out of an operations area. (eau de drainage superficiel)

    tailings impoundment area

    tailings impoundment area[Repealed, SOR/2006-239, s. 1]

    total suspended solids

    total suspended solids means all solid matter that is retained on a 1.5 micron pore filter paper when the effluent is tested in compliance with the analytical requirements set out in Schedule 3. (total des solides en suspension)

    transitional authorization

    transitional authorization means a temporary authorization issued by an authorization officer in accordance with section 35. (autorisation transitoire)

  • (2) Where the word “mine” is used in sections 2 to 39, it includes a mine, a mine under development, a new mine and a reopened mine but does not refer to a recognized closed mine.

  • SOR/2006-239, s. 1;
  • SOR/2009-156, s. 1;
  • SOR/2012-22, s. 1.

Application

  •  (1) These Regulations apply in respect of mines and recognized closed mines that

    • (a) at any time after June 6, 2002, exceed an effluent flow rate of 50 m3 per day, based on effluent deposited from all the final discharge points of the mine; and

    • (b) deposit a deleterious substance in any water or place referred to in subsection 36(3) of the Act.

  • (2) Despite subsection (1), these Regulations do not apply in respect of mines that stopped commercial operation before June 6, 2002, unless they are reopened after the registration of these Regulations, or in respect of placer mining operations.

  • SOR/2012-22, s. 2.

Deleterious Substances

 For the purpose of these Regulations, the substances set out in column 1 of Schedule 4 and any acutely lethal effluent are prescribed as deleterious substances.

Authority to Deposit

  •  (1) Subject to subsection (2), the owner or operator of a mine may deposit, or permit the deposit of, an effluent that contains a deleterious substance in any water or place referred to in subsection 36(3) of the Act if a transitional authorization permits the deposit or if

    • (a) the concentration of the deleterious substance in the effluent does not exceed the authorized limits set out in Schedule 4;

    • (b) the pH of the effluent is equal to or greater than 6.0 but is not greater than 9.5; and

    • (c) the deleterious substance is not an acutely lethal effluent.

  • (2) The authority in subsection (1) is conditional

    • (a) in the case of a transitional authorization that permits the deposit, on the owner or operator complying with section 36; and

    • (b) in the other case, on the owner or operator complying with sections 6 to 27.

Authority to Deposit in Tailings Impoundment Areas

  •  (1) Despite section 4, the owner or operator of a mine may deposit or permit the deposit of waste rock or an effluent that contains any concentration of a deleterious substance and that is of any pH into a tailings impoundment area that is either

    • (a) a water or place set out in Schedule 2; or

    • (b) a disposal area that is confined by anthropogenic or natural structures or by both, other than a disposal area that is, or is part of, a natural water body that is frequented by fish.

  • (2) The authority in subsection (1) is conditional on the owner or operator complying with sections 7 to 28.

  • SOR/2006-239, s. 2.

PART 2Conditions Governing Authority to Deposit

DIVISION 1General

Prohibition on Diluting Effluent

 The owner or operator of a mine shall not combine effluent with water or any other effluent for the purpose of diluting effluent before it is deposited.

Environmental Effects Monitoring

  •  (1) The owner or operator of a mine shall conduct environmental effects monitoring studies of the potential effects of effluent on the fish population, on fish tissue and on the benthic invertebrate community in accordance with the requirements and within the periods set out in Schedule 5.

  • (2) The owner or operator shall record the results of the studies and submit the reports and required information to the authorization officer as set out in Schedule 5.

  • (3) The studies shall be performed using documented and validated methods, and their results interpreted and reported on in accordance with generally accepted standards of good scientific practice at the time that the studies are performed.

  • SOR/2006-239, s. 3.

Identifying Information

  •  (1) The owner or operator of a mine shall submit in writing to the authorization officer the information referred to in subsection (2) not later than 60 days after the day on which one or both of the following occur:

    • (a) the mine becomes subject to these Regulations; and

    • (b) ownership of the mine is transferred.

  • (2) The information that shall be submitted is the name and address of

    • (a) both the owner and the operator of the mine; and

    • (b) any parent company of the owner and the operator.

  • (3) The owner or operator shall submit in writing to the authorization officer any change in the information not later than 60 days after the change occurs.

Final Discharge Points

 The owner or operator of a mine shall identify each final discharge point and submit in writing to the authorization officer, not later than 60 days after the day on which the mine becomes subject to these Regulations, the following information:

  • (a) plans, specifications and a general description of each final discharge point together with its location by latitude and longitude, in degrees, minutes and seconds;

  • (b) a description of how each final discharge point is designed and maintained in respect of the deposit of deleterious substances; and

  • (c) the name of the receiving body of water, if there is a name.

  • SOR/2006-239, s. 4.
  •  (1) The owner or operator of a mine shall submit in writing to the authorization officer the information required by section 9, for

    • (a) any final discharge point that is identified by an inspector, and that was not identified as required by section 9, within 30 days after the discharge point is identified; and

    • (b) each new final discharge point, at least 60 days before depositing effluent from that new final discharge point.

  • (2) The owner or operator shall submit in writing to the authorization officer the information on any proposed change to a final discharge point at least 60 days before the change is to be made.

Monitoring Equipment Information

 The owner or operator of a mine shall keep records relating to effluent monitoring equipment that contain

  • (a) a description of the equipment and, if applicable, the manufacturer’s specifications and the year and model number of the equipment; and

  • (b) the results of the calibration tests of the equipment.

DIVISION 2Effluent Monitoring Conditions

Deleterious Substance and pH Testing

  •  (1) Subject to subsection (3), the owner or operator of a mine shall, not less than once per week and at least 24 hours apart, collect from each final discharge point a grab sample or composite sample of effluent and, without delay, record the pH and concentrations of the deleterious substances set out in column 1 of Schedule 4.

  • (2) Testing conducted under subsection (1) shall comply with the analytical requirements set out in Schedule 3 and shall be done in accordance with generally accepted standards of good scientific practice at the time of the sampling using documented and validated methods.

  • (3) The owner or operator is not required to collect samples for the purpose of recording the concentrations of cyanide set out as item 3 of Schedule 4 if that substance is not used as a process reagent within the operations area.

  • SOR/2006-239, s. 5.
  •  (1) Despite section 12 and subject to subsection (3), the owner or operator of a mine may reduce the frequency of testing of effluent collected from a final discharge point for a deleterious substance that is set out in any of items 1 to 6, in column 1, of Schedule 4 to not less than once in each calendar quarter if that substance’s monthly mean concentration in the effluent collected from that final discharge point is less than 10% of the value set out in column 2 of that Schedule for the 12 months immediately preceding the most recent test.

  • (2) Despite section 12 and subject to subsection (3), the owner or operator of a mine, other than an uranium mine, may reduce the frequency of testing for Radium 226 set out as item 8 of Schedule 4 to not less than once in each calendar quarter if that substance’s concentration in the effluent is less than 0.037 Bq/L in 10 consecutive tests conducted under section 12.

  • (3) The owner or operator shall increase the frequency of testing to that prescribed in section 12 for a deleterious substance that is set out in any of items 1 to 6 or 8 of Schedule 4 if the substance’s monthly mean concentration is equal to or greater than 10% of the value set out in column 2 of these items.

  • (4) The owner or operator must notify the authorization officer, in writing, at least 30 days in advance, of a reduction in the frequency of testing.

  • SOR/2006-239, s. 6.

Acute Lethality Testing

  •  (1) Subject to subsection (1.1) and section 15, the owner or operator of a mine shall conduct an acute lethality test, in accordance with the requirements and procedures specified in Reference Method EPS 1/RM/13,

    • (a) once a month, in accordance with the procedure set out in section 5 or 6 of that document, on a grab sample that was collected from each final discharge point; and

    • (b) without delay, in accordance with the procedure set out in section 6 of that document, on a sample taken from the place where the deposit occurred if the deposit occurs out of the normal course of events.

  • (1.1) The owner or operator who is required to conduct an acute lethality test under paragraph (1)(b) is not required to conduct that test if they notify without delay an inspector, or a person referred to in section 29, that the deposit is an acutely lethal effluent.

  • (2) For the purposes of paragraph (1)(a),

    • (a) the owner or operator shall select and record the sampling date not less than 30 days in advance of collecting the grab sample;

    • (b) the operator shall collect the sample on the selected day except if, owing to unforeseen circumstances, the operator cannot sample on that day, in which case, they shall do so as soon as possible after that day; and

    • (c) the operator shall collect the grab samples not less than 15 days apart.

  • (3) When collecting a grab sample of effluent for the purpose of subsection (1), the owner or operator shall collect a sufficient volume of effluent to enable the owner or operator to comply with paragraph 15(1)(a).

  • SOR/2006-239, s. 7;
  • SOR/2011-92, s. 4;
  • SOR/2012-22, s. 3.

Increased Frequency of Acute Lethality Testing

  •  (1) If a sample of effluent is determined to be acutely lethal when tested under paragraph 14(1)(a), the owner or operator of a mine shall

    • (a) without delay, conduct the effluent characterization set out in subsection 4(1) of Schedule 5 on the aliquot of each grab sample collected under paragraph 14(1)(a) and record the concentrations of the deleterious substances set out in column 1 of Schedule 4;

    • (b) collect, from the final discharge point from which the sample was determined to be acutely lethal, a grab sample twice a month and, without delay, conduct an acute lethality test on each grab sample in accordance with the procedure set out in section 6 of Reference Method EPS 1/RM/13 and, if the sample is determined to be acutely lethal, then conduct the effluent characterization set out in subsection 4(1) of Schedule 5 and record the concentrations of the deleterious substances set out in column 1 of Schedule 4; and

    • (c) collect the grab samples not less than seven days apart.

  • (2) The owner or operator may resume sampling and testing at the frequency prescribed in section 14 if the effluent is determined not to be acutely lethal in three consecutive tests conducted under paragraph (1)(b).

  • SOR/2006-239, s. 8.

Reduced Frequency of Acute Lethality Testing

  •  (1) The owner or operator of a mine may reduce the frequency of conducting acute lethality tests prescribed in paragraph 14(1)(a) to once in each calendar quarter if the effluent is determined not to be acutely lethal over a period of 12 consecutive months.

  • (2) For the purpose of determining whether effluent is acutely lethal in the 12-month period referred to in subsection (1), the owner or operator shall use the results of the acute lethality tests conducted under paragraph 14(1)(a).

  • (3) Despite subsection (2), for the purpose of determining whether effluent is acutely lethal in the 12-month period referred to in subsection (1), the owner or operator may also use acute lethality data collected during twelve consecutive months prior to June 6, 2002, if the owner or operator submits a report to the authorization officer that indicates that the data

    • (a) meets the quality assurance requirements of Reference Method EPS 1/RM/13;

    • (b) relates to effluent generated after the start of commercial operation by the mine; and

    • (c) was collected not more than 36 months before June 6, 2002.

  • (4) The owner or operator who reduces the frequency of conducting acute lethality testing under subsection (1) shall

    • (a) select and record the sampling date not less than 30 days in advance of collecting the grab samples; and

    • (b) collect the grab samples not less than 45 days apart.

  • (5) If a grab sample is determined to be acutely lethal while the testing is proceeding in accordance with subsection (1), the owner or operator shall increase the frequency and conduct the testing as prescribed in section 15.

  • SOR/2012-22, s. 4.

Daphnia magna Monitoring Tests

  •  (1) The owner or operator of a mine shall conduct Daphnia magna monitoring tests in accordance with the procedure set out in section 5 or 6 of Reference Method EPS 1/RM/14 at the same time that the acute lethality tests are conducted under section 14, 15 or 16 of these Regulations.

  • (2) The owner or operator shall conduct Daphnia magna monitoring tests on the aliquots of each effluent sample collected for the acute lethality tests.

Obligation to Record All Test Results

 The owner or operator of a mine shall record without delay the information specified by section 8.1 of Reference Method EPS 1/RM/13 and by section 8.1 of Reference Method EPS 1/RM/14 for all acute lethality and Daphnia magna monitoring tests that are conducted to monitor deposits from final discharge points.

Volume of Effluent

  •  (1) The owner or operator of a mine shall record, in cubic metres, the total monthly volume of effluent deposited from each final discharge point for each month during which there was a deposit.

  • (2) The total monthly volume of effluent deposited shall be either

    • (a) determined on the basis of the average of the flow rates, expressed in cubic metres per day, measured and calculated as follows:

      • (i) by measuring the flow rate at the same time as samples are collected under section 12,

      • (ii) by calculating the average monthly flow rate by adding the flow rate measurements taken during the month and dividing the total by the number of times the flow rate was measured, and

      • (iii) by multiplying the average monthly flow rate by the number of days during the month that effluent was deposited; or

    • (b) determined by using a monitoring system that provides a continuous measure of the volume of effluent deposited.

  • (3) The owner or operator shall

    • (a) measure the flow rate or volume of effluent deposited by using a monitoring system that is accurate to within 15% of measured flow rate or volume; and

    • (b) calibrate the monitoring system not less than once in each year and record the results.

  • SOR/2006-239, s. 9;
  • SOR/2012-22, s. 5.

Calculation of Monthly Mean Concentration and Loading

  •  (1) With respect to deleterious substances contained in effluent deposited from each final discharge point, the owner or operator of a mine shall, for each month during which there was a deposit, record the monthly mean concentration

    • (a) in mg/L for deleterious substances referred to in items 1 to 7, in column 1, of Schedule 4; or

    • (b) in Bq/L for a deleterious substance referred to in item 8, in column 1, of that Schedule.

  • (2) If the analytical result from any test conducted under section 12 or 13 is less than the method detection limit used for that test, the test result shall be considered to be equal to one half of the detection limit used for the purpose of calculating the monthly mean concentration.

  • SOR/2006-239, s. 9.
  •  (1) With respect to deleterious substances contained in effluent deposited from each final discharge point, the owner or operator of a mine shall, for each month and for each calendar quarter during which there was a deposit, record the loading

    • (a) in kg for deleterious substances referred to in items 1 to 7, in column 1, of Schedule 4; or

    • (b) in MBq for a deleterious substance referred to in item 8, in column 1, of that Schedule.

  • (2) The owner or operator shall determine the loading for each month using the following formula:

    ML = C × V / 1,000

    where

    ML 
    is the loading for a month;
    C 
    is the monthly mean concentration of the deleterious substance, recorded under section 19.1; and
    V 
    is the total monthly volume of effluent deposited from each final discharge point, recorded under section 19.
  • (3) The owner or operator shall determine the loading for each calendar quarter using the following formula:

    QL = C × V / 1,000

    where

    QL 
    is the loading for a calendar quarter;
    C 
    is the mean of the monthly mean concentrations of the deleterious substance for that calendar quarter, recorded under section 19.1; and
    V 
    is the total volume of effluent deposited from each final discharge point during that calendar quarter, based on the sum of the total monthly volumes of effluent deposited from each final discharge point, recorded under section 19.
  • SOR/2006-239, s. 9.

Reporting Monitoring Results

  •  (1) The owner or operator of a mine shall submit to the authorization officer an effluent monitoring report for all tests and monitoring conducted during each calendar quarter not later than 45 days after the end of the quarter.

  • (2) Subject to subsection (3), the effluent monitoring report shall include

    • (a) the information specified by section 8.1 of Reference Method EPS 1/RM/13 and by section 8.1 of Reference Method EPS 1/RM/14 as required by section 18;

    • (b) the concentration and monthly mean concentration of each deleterious substance set out in column 1 of Schedule 4 that is contained in effluent samples collected under subsection 12(1) and the concentrations of such deleterious substances contained in effluent samples collected under subsection 13(1) or (2);

    • (c) the pH of the effluent samples as required by subsection 12(1);

    • (d) whether a composite or grab sample collection method was used for each effluent sample as required by subsection 12(1);

    • (d.1) for each month of the calendar quarter, the number of days that effluent was deposited;

    • (e) the total volume of effluent deposited during each month of the reporting quarter as recorded under section 19;

    • (f) the mass loading of the deleterious substances set out in column 1 of Schedule 4 as recorded under section 20; and

    • (g) the results of the effluent characterization conducted under paragraph 15(1)(a).

  • (3) If no effluent is deposited in a calendar quarter, the report shall only include a statement to that effect.

  • SOR/2006-239, s. 10.

 The owner or operator of a mine shall submit to the authorization officer, not later than March 31 in each year, a report summarizing the effluent monitoring results for the previous calendar year including the information set out in Schedule 6 and in the form set out in that Schedule.

  • SOR/2006-239, s. 11.

 Each report referred to in sections 7, 21 and 22 shall be submitted electronically in the format provided by the federal Department of the Environment, but the report shall be submitted in writing if

  • (a) no such format has been provided; or

  • (b) it is, owing to circumstances beyond the control of either the owner or the operator, impracticable to submit the report electronically in the format provided.

  • SOR/2006-239, s. 11.
  •  (1) The owner or operator of a mine shall notify an inspector without delay if the results of the effluent monitoring tests conducted under section 12 or 13, paragraph 14(1)(a) or section 15 or 16 indicate that

    • (a) the limits set out in Schedule 4 are being or have been exceeded;

    • (b) the pH of the effluent is less than 6.0 or greater than 9.5; or

    • (c) an effluent is acutely lethal.

  • (2) The owner or operator shall provide a written report of the test results to the inspector within 30 days after the tests have been completed.

  • (3) Subsections (1) and (2) do not apply to the owner or operator of a mine with a valid transitional authorization.

  • SOR/2006-239, s. 12.

Relief

  •  (1) Any time period specified for collecting samples of effluent referred to in this Division may be extended if

    • (a) unforeseen circumstances cause safety concerns or access problems and render the collection of samples of effluent impracticable; and

    • (b) the owner or operator of a mine notifies an inspector, without delay, of the circumstances and indicates when they expect to be able to collect the samples.

  • (2) The owner or operator shall collect the samples of effluent without delay when the circumstances permit.

  • SOR/2006-239, s. 13.

DIVISION 3Notice, Records and Other Documents

End of Commercial Operation Notice

  •  (1) The owner or operator of a mine shall notify the authorization officer in writing of the day on which the mine has stopped commercial operation not later than 90 days after the end of commercial operation.

  • (2) The owner or operator shall notify the authorization officer in writing without delay if the mine returns to commercial operation.

Records, Books of Account or Other Documents

 Subject to subsection 32(4), the owner or operator of a mine shall keep all records, books of account or other documents required by these Regulations at the mine’s location for a period of not less than five years, beginning on the day they are made.

DIVISION 4Tailings Impoundment Areas

Compensation Plan

  •  (1) The owner or operator of a mine shall submit to the Minister for approval a compensation plan and obtain the Minister’s approval of that plan before depositing a deleterious substance into a tailings impoundment area that is added to Schedule 2 after the coming into force of this section.

  • (2) The purpose of the compensation plan is to offset for the loss of fish habitat resulting from the deposit of a deleterious substance into the tailings impoundment area.

  • (3) The compensation plan shall contain the following elements:

    • (a) a description of the location of the tailings impoundment area and the fish habitat affected by the deposit;

    • (b) a quantitative impact assessment of the deposit on the fish habitat;

    • (c) a description of the measures to be taken to offset the loss of fish habitat caused by the deposit;

    • (d) a description of the measures to be taken during the planning and implementation of the compensation plan to mitigate any potential adverse effect on the fish habitat that could result from the plan’s implementation;

    • (e) a description of measures to be taken to monitor the plan’s implementation;

    • (f) a description of the measures to be taken to verify the extent to which the plan’s purpose has been achieved;

    • (g) a description of the time schedule for the plan’s implementation, which time schedule shall provide for achievement of the plan’s purpose within a reasonable time; and

    • (h) an estimate of the cost of implementing each element of the plan.

  • (4) The owner or operator shall submit with the compensation plan an irrevocable letter of credit to cover the plan’s implementation costs, which letter of credit shall be payable upon demand on the declining balance of the implementation costs.

  • (5) The Minister shall approve the compensation plan if it meets the requirements of subsections (2) and (3) and the owner or operator has complied with subsection (4).

  • (6) The owner or operator shall ensure that the compensation plan approved by the Minister is implemented.

  • (7) If the measures referred to in paragraph (3)(f) reveal that the compensation plan’s purpose is not being achieved, the owner or operator shall inform the Minister and, as soon as possible in the circumstances, identify and implement all necessary remedial measures.

  • SOR/2006-239, s. 14.

Deposits from Tailings Impoundment Areas

  •  (1) The owner or operator of a mine shall deposit effluent from a tailings impoundment area only through a final discharge point that is monitored and reported on in accordance with the requirements of these Regulations.

  • (2) The owner or operator of a mine shall comply with section 6 and the conditions prescribed in paragraphs 4(1)(a) to (c) for all effluent that exits a tailing impoundment area.

PART 3Deposits out of the Normal Course of Events

Prescribed Persons

[SOR/2006-239, s. 15(E)]

 For the purpose of subsection 38(4) of the Act, the person occupying the position set out in column 2 of Schedule 6.1 for the province, set out in column 1, where the mine is located is a prescribed person.

  • SOR/2006-239, s. 16;
  • SOR/2011-92, s. 5.

Emergency Response Plan

  •  (1) The owner or operator of a mine shall prepare an emergency response plan that describes the measures to be taken in respect of a deleterious substance within the meaning of subsection 34(1) of the Act to prevent any deposit out of the normal course of events of such a substance or to mitigate the effects of such a deposit.

  • (2) The emergency response plan shall include the following elements:

    • (a) the identification of any deposit out of the normal course of events that can reasonably be expected to occur at the mine and that can reasonably be expected to result in damage or danger to fish habitat or fish or the use by man of fish, and the identification of the damage or danger;

    • (b) a description of the measures to be used to prevent, prepare for and respond to a deposit identified under paragraph (a);

    • (c) a list of the individuals who are to implement the plan in the event of a deposit out of the normal course of events, and a description of their roles and responsibilities;

    • (d) the identification of the emergency response training required for each of the individuals listed under paragraph (c);

    • (e) a list of the emergency response equipment included as part of the plan, and the equipment’s location; and

    • (f) alerting and notification procedures including the measures to be taken to notify members of the public who may be adversely affected by a deposit identified under paragraph (a).

  • (3) The owner or operator shall complete the emergency response plan and have it available for inspection no later than 60 days after the mine becomes subject to this section.

  • (4) The owner or operator shall update and test the emergency response plan at least once each year to ensure that the plan continues to meet the requirements of subsection (2).

  • (5) If a mine has not been subject to the requirements of this section for more than one year, a new emergency response plan shall be prepared and completed no later than 60 days after the day on which the mine again becomes subject to this section.

  • SOR/2006-239, s. 16;
  • SOR/2012-22, s. 6(F).

Reporting

  •  (1) Any person required by subsection 38(4) of the Act to report the occurrence of a deposit of a deleterious substance out of the normal course of events shall, if a deposit has occurred, submit a written report to an inspector or the person referred to in section 29 as soon as possible in the circumstances, but at the latest 30 days after the day on which the deposit occurred.

  • (2) The written report shall contain

    • (a) the name, description and concentration of the deleterious substance deposited;

    • (b) the estimated quantity of the deposit and how the estimate was achieved;

    • (c) the quantity of any deleterious substance that was deposited at a place other than through a final discharge point and the identification of that place;

    • (d) the quantity of any deleterious substance that was deposited through a final discharge point and the identification of that discharge point;

    • (e) the name of the receiving body of water, if there is a name and, if not, the location by latitude and longitude, in degrees, minutes and seconds, where the deleterious substance entered the receiving body of water;

    • (f) the results of the acute lethality test conducted under paragraph 14(1)(b);

    • (g) a statement that an acute lethality test was not conducted but that notification was given under subsection 14(1.1), as the case may be; and

    • (h) the circumstances of the deposit, the measures that were taken to mitigate the effects of the deposit and, if the emergency response plan was implemented, details concerning its implementation.

  • SOR/2006-239, s. 17;
  • SOR/2011-92, s. 6.

PART 4Recognized Closed Mines

Requirements

  •  (1) An owner or operator who intends to close a mine shall

    • (a) provide written notice of that intention to the authorization officer;

    • (b) maintain the mine’s rate of production at less than 10% of its design rated capacity for a continuous period of three years starting on the day that the written notice is received by the authorization officer; and

    • (c) conduct a biological monitoring study during the three-year period referred to in paragraph (b) in accordance with Division 3 of Part 2 of Schedule 5.

  • (2) If the owner or operator has complied with all of the requirements set out in paragraphs (1)(a) to (c), the mine becomes a recognized closed mine after the expiry of the three-year period referred to in subsection (1).

  • (3) The owner or operator shall notify the authorization officer in writing at least 60 days before reopening the recognized closed mine.

  • (4) The owner or operator referred to in this section shall keep at any place in Canada all records, books of account or other documents required by these Regulations for a period of not less than five years beginning on the day they are made, and shall notify the authorization officer in writing of their location.

  • SOR/2006-239, s. 18.

Identifying Information

  •  (1) The owner or operator of a recognized closed mine shall submit in writing to the authorization officer the information referred to in subsection (2) not later than 60 days after the day on which

    • (a) the recognized closed mine becomes subject to these Regulations; or

    • (b) ownership of the recognized closed mine is transferred.

  • (2) The information that shall be submitted is the name and address of

    • (a) both the owner and the operator of the recognized closed mine; and

    • (b) any parent company of the owner or the operator.

  • (3) The owner or operator shall notify the authorization officer of any change in the information not later than 60 days after the change occurs.

PART 5Transitional Authorizations

Application for Transitional Authorization

  •  (1) The owner or operator of a mine may apply to an authorization officer for a transitional authorization that permits the deposit of

    • (a) an acutely lethal effluent, unless another law of the jurisdiction where the mine is located requires that the mine produce a non-acutely lethal effluent;

    • (b) an effluent containing any concentration of a deleterious substance that is set out in any of items 1 to 8 of Schedule 4, unless another law of the jurisdiction where the mine is located requires that the mine produce an effluent containing the deleterious substance in a concentration that is equal to or less than the limits set out in Schedule 4; and

    • (c) an effluent of any pH, unless another law of the jurisdiction where the mine is located requires that the mine produce an effluent with a pH equal to or greater than 6.0 but not greater than 9.5.

  • (2) Despite paragraph (1)(a), the owner or operator may apply for a transitional authorization to deposit acutely lethal effluent only if the mine produced such an effluent at any time during the 12-month period preceding the application.

  • (3) The owner or operator of a mine may apply to an authorization officer for a transitional authorization that permits only the deposit of an effluent containing any concentration of total suspended solids, but may not apply if another law of the jurisdiction where the mine is located requires that the mine produce an effluent containing total suspended solids in a concentration equal to or less than the limits set out in Schedule 4 or if, during the 12-month period preceding the application, the results of two consecutive effluent monitoring tests conducted under sections 12 to 16 indicate that

    • (a) the concentration in the effluent of any of the deleterious substances referred to in any of items 1 to 6 or 8 of Schedule 4 exceeded the applicable authorized limits set out in that Schedule;

    • (b) the pH of the effluent was less than 6.0 or greater than 9.5; or

    • (c) the effluent was acutely lethal.

  • (4) The owner or operator referred to in subsection (1) shall submit an application for a transitional authorization not later than three months after June 6, 2002 and shall submit with the application,

    • (a) the information required by Part 1 of Schedule 7 including, for the 12-month period preceding the application

      • (i) the monthly mean concentrations of the deleterious substances set out in column 1 of Schedule 4 that are contained in the effluent,

      • (ii) whether the effluent is acutely lethal, and

      • (iii) the pH of the effluent;

    • (b) a description of the facilities and procedures that are necessary to deposit an effluent that complies with paragraphs 4(1)(a) to (c);

    • (c) a proposed schedule for the construction of the facilities and implementation of the procedures; and

    • (d) a signed statement of certification as set out in Part 2 of Schedule 7.

  • (5) The owner or operator referred to in subsection (3) shall submit an application for a transitional authorization not earlier than 24 months and not later than 27 months after June 6, 2002 and shall submit with the application

    • (a) the information required by Part 1 of Schedule 7 including, for the 12-month period preceding the application,

      • (i) the monthly mean concentrations of the deleterious substances set out in column 1 of Schedule 4 that are contained in the effluent,

      • (ii) whether the effluent is acutely lethal, and

      • (iii) the pH of the effluent;

    • (b) a description of the facilities and procedures that are necessary to deposit an effluent that complies with the concentrations referred to in item 7 of Schedule 4;

    • (c) a proposed schedule for the construction of the facilities and implementation of the procedures;

    • (d) a signed statement of certification as set out in Part 2 of Schedule 7; and

    • (e) a statement of certification signed by the owner, the operator or their duly authorized representative indicating that there is no feasible alternative to the transitional authorization, based on documented engineering evidence.

  • SOR/2006-239, s. 19(F);
  • SOR/2012-22, s. 7.

Issuance of Transitional Authorization

  •  (1) An authorization officer shall issue to the owner or operator of a mine a transitional authorization, if

    • (a) the owner or operator is entitled to make the application under subsections 34(1) to (3) and has complied with subsection 34(4) or (5), as applicable; and

    • (b) any construction of facilities and the implementation of the procedures described by the owner or operator under paragraph 34(4)(b) or (5)(b), as applicable will result in the deposit of an effluent that complies with the requirements prescribed in paragraphs 4(1)(a) to (c).

  • (2) The authorization officer shall issue a transitional authorization in the form set out in Schedule 8 and provide in the authorization

    • (a) for the deposit of acutely lethal effluent, the information required by Part 1 of Schedule 8; and

    • (b) for the deposit of effluent that contains a deleterious substance set out in column 1 of Schedule 4, the information required by Part 2 of Schedule 8, including the maximum concentration of the deleterious substances and the pH range of the effluent the determination of which are specified in that Schedule.

  • (3) Authorization officers shall maintain a public record of all transitional authorizations issued for mines located in the province where they perform their functions.

Transitional Authorization Obligations

 An owner or operator of a mine who has been issued a transitional authorization

  • (a) shall comply with sections 6 to 27 and, if the mine is depositing effluent into a tailings impoundment area, subsection 28(1);

  • (b) shall start the construction of the facilities and implement the procedures referred to in paragraph 34(4)(b) or (5)(b), as applicable, in a timely manner;

  • (c) shall report to the authorization officer, without delay, any change in the information provided under subsection 34(4) or (5);

  • (d) shall not deposit effluent that contains a deleterious substance set out in column 1 of Schedule 4 that exceeds the maximum concentration that is specified in the transitional authorization or has a pH that is outside the pH range specified in the transitional authorization; and

  • (e) shall not deposit effluent that is acutely lethal unless authorized to do so in the transitional authorization.

Transitional Authorization Reporting

  •  (1) The owner or operator of a mine with a valid transitional authorization shall notify an inspector without delay if

    • (a) an effluent that contains a deleterious substance set out in column 1 of Schedule 4 exceeds the concentration or is outside the pH range that is specified in the transitional authorization; or

    • (b) an acutely lethal effluent is being or has been deposited, unless the deposit of acutely lethal effluent is authorized in the transitional authorization.

  • (2) The owner or operator shall provide to the inspector a written report of any test results which identified that the effluent contains a deleterious substance or is acutely lethal under subsection (1) within 30 days after the tests have been completed.

Revocation of Transitional Authorizations

 An authorization officer may revoke a transitional authorization if

  • (a) the information provided by the owner or operator of a mine to support the application for the transitional authorization is false or incomplete; or

  • (b) the owner or operator has failed to comply with any requirement prescribed in sections 36 and 37.

Expiry of Transitional Authorizations

  •  (1) Subject to subsection (2), transitional authorizations expire 30 months after June 6, 2002.

  • (2) Transitional authorizations referred to in subsection 34(3) that expired on June 6, 2007 are deemed to be reissued as of the day on which this subsection comes into force and they shall expire on December 6, 2008.

  • SOR/2007-161, s. 1;
  • SOR/2012-22, s. 8.

PART 6Repeals and Coming into Force

Repeals

 [Repeal]

 [Repeal]

Coming into Force

  •  (1) Subject to subsection (2), these Regulations come into force on the day on which they are registered.

  • (2) Sections 3 to 33 and 36 to 39 and 41 come into force six months after the day on which these Regulations are registered.

SCHEDULE 1(Subsection 1(1))

Authorization Officers

ItemColumn 1Column 2
ProvinceTitle
1Ontario

Director, Environmental Protection Operations Directorate — Ontario

Environment Canada

2Quebec

Director, Environmental Protection Operations Directorate — Quebec

Environment Canada

3Nova Scotia

Director, Environmental Protection Operations Directorate — Atlantic

Environment Canada

4New Brunswick

Director, Environmental Protection Operations Directorate — Atlantic

Environment Canada

5Manitoba

Director, Environmental Protection Operations Directorate — Prairie and Northern

Environment Canada

6British Columbia

Director, Environmental Protection Operations Directorate — Pacific and Yukon

Environment Canada

7Prince Edward Island

Director, Environmental Protection Operations Directorate — Atlantic

Environment Canada

8Saskatchewan

Director, Environmental Protection Operations Directorate — Prairie and Northern

Environment Canada

9Alberta

Director, Environmental Protection Operations Directorate — Prairie and Northern

Environment Canada

10Newfoundland and Labrador

Director, Environmental Protection Operations Directorate — Atlantic

Environment Canada

11Yukon Territory

Director, Environmental Protection Operations Directorate — Pacific and Yukon

Environment Canada

12Northwest Territories

Director, Environmental Protection Operations Directorate — Prairie and Northern

Environment Canada

13Nunavut

Director, Environmental Protection Operations Directorate — Prairie and Northern

Environment Canada

  • SOR/2006-239, s. 20;
  • SOR/2012-22, s. 9.

SCHEDULE 2(Subsections 5(1) and 27.1(1))

Tailings Impoundment Areas

ItemColumn 1Column 2
Water or PlaceDescription
1Anderson Lake, Manitoba

Anderson Lake located at 54°51′ north latitude and 100°0′ west longitude near the town of Snow Lake, Manitoba. More precisely, the area bounded by

  • (a) the contour of elevation around Anderson Lake at the 285-m level, and

  • (b) the control dam built at the east end of Anderson Lake.

2Garrow Lake, NunavutGarrow Lake located at 75°23′ north latitude and 97°48′ west longitude near the south end of Little Cornwallis Island, Nunavut.
3South Kemess Creek, British Columbia

That part of South Kemess Creek being within the watershed of that tributary of South Kemess Creek

  • (a) extending eastwards and upstream from the centre of a tailings dam constructed at 57°1′ north latitude and 126°41′ west longitude, and

  • (b) below the crest of the dam at an elevation of 1515 m.

4Albino Lake, British Columbia

Albino Lake located at 56°39.4′ north latitude and 130°29.4′ west longitude near the Eskay Creek Mine in British Columbia. More precisely, the area bounded by

  • (a) the contour of elevation around Albino Lake at the 1040-m level, and

  • (b) the outlet of Albino Lake.

5Tom MacKay Lake, British Columbia

Tom MacKay Lake located at 56°39′ north latitude and 130°34′ west longitude near the Eskay Creek Mine in British Columbia. More precisely, the area bounded by

  • (a) the contour of elevation around Tom MacKay Lake at the 1078-m level, and

  • (b) the outlet of Tom MacKay Lake.

6Trout Pond, Newfoundland and Labrador

Trout Pond located at 48°39′0.81882″ north latitude and 56°29′19.704984″ west longitude in west-central Newfoundland. More precisely, the area bounded by

  • (a) the contour of elevation around Trout Pond at the 270 m level, and

  • (b) the outlet of Trout Pond.

7The headwater pond of a tributary to Gill’s Pond Brook, Newfoundland and Labrador

The headwater pond of a tributary to Gill’s Pond Brook, located at 48°38′29.599584″ north latitude and 56°30′15.560676″ west longitude in west-central Newfoundland. More precisely, the area bounded by

  • (a) the contour of elevation around the pond at the 260 m level, and

  • (b) the outlet of the pond.

8The northwest arm of Second Portage Lake, Nunavut

That portion of the northwest arm of Second Portage Lake, located at 65°1′39.29″ north latitude and 96°3′43″ west longitude, approximately 80 km north of the town of Baker Lake, Nunavut. More precisely, the area bounded by

  • (a) the contour of elevation around the arm at the 146 m level, and

  • (b) the dam built at the southeast end of the arm.

9Tail Lake, Nunavut

Tail Lake, located at 68°7′25.8″ north latitude and 106°33′31.2″ west longitude, approximately 125 km southwest of the town of Cambridge Bay, Nunavut. More precisely, the area bounded by

  • (a) the contour of elevation around Tail Lake at the 33.5 m level, and

  • (b) the dams built at the south and north ends of the lake.

10A portion of Wabush Lake, Newfoundland and Labrador

That portion of Wabush Lake near the towns of Labrador City and Wabush in western Labrador. More precisely, the area bounded by

  • (a) the southern limit, extending from 53° north latitude, 66°50′24″ west longitude to 53° north latitude, 66°52′57″ west longitude, and

  • (b) the outlet of Wabush Lake, extending from 53°09′4.7″ north latitude, 66°47′3.5″ west longitude to 53°08′57.5″ north latitude, 66°47′2.9″ west longitude.

11Flora Lake, Newfoundland and LabradorFlora Lake located at 52°55′ north latitude, 66°49′ west longitude, near the towns of Labrador City and Wabush in western Labrador.
12A portion of an unnamed tributary stream to Flora Lake, Newfoundland and LabradorA portion of an unnamed tributary stream to Flora Lake, Newfoundland and Labrador. More precisely, an area extending from the mouth of the stream (52°52′9.94″ north latitude, 66°47′14.26″ west longitude) for a distance of 75 m upstream from Flora Lake.
13A portion of an unnamed tributary stream to Flora Lake, Newfoundland and LabradorA portion of an unnamed tributary stream to Flora Lake, Newfoundland and Labrador. More precisely, an area extending from the mouth of the stream (52°52′10.70″ north latitude, 66°47′6.49″ west longitude) for a distance of 580 m upstream from Flora Lake.
14A portion of an unnamed tributary stream to Flora Lake, Newfoundland and LabradorA portion of an unnamed tributary stream to Flora Lake, Newfoundland and Labrador. More precisely, an area extending from the mouth of the stream (52°52′57.45″ north latitude, 66°47′25.23″ west longitude) for a distance of 256 m upstream from Flora Lake.
15Sandy Pond, Newfoundland and Labrador

Sandy Pond, located at 47°25′33″ north latitude and 53°46′52″ west longitude, on the Avalon Peninsula, approximately 3 km east southeast of the town of Long Harbour-Mount Arlington Heights, Newfoundland and Labrador. More precisely, the area bounded by

  • (a) the contour of elevation around Sandy Pond at the 137 m level, and

  • (b) the dams built at the north end of Sandy Pond.

16A portion of King Richard Creek, British ColumbiaA portion of King Richard Creek, located approximately 60 km southwest of the town of Mackenzie, British Columbia. More precisely, a 3.3 km portion of the creek extending northwards and upstream from the centre of a dam constructed at 55°06′42″ north latitude and 123°59′29″ west longitude, to the centre of a dam constructed at 55°07′52″ north latitude and 124°00′50″ west longitude.
17A portion of an unnamed tributary to Alpine Lake, British ColumbiaA portion of an unnamed tributary to Alpine Lake, located approximately 60 km southwest of the town of Mackenzie, British Columbia. More precisely, a 900 m portion of the tributary extending southwards and upstream from the centre of a dam constructed at 55°08′19″ north latitude and 124°00′27″ west longitude, to the centre of a dam constructed at 55°07′59″ north latitude and 124°01′00″ west longitude.
18A portion of an unnamed tributary to Alpine Lake, British ColumbiaA portion of an unnamed tributary to Alpine Lake, located approximately 60 km southwest of the town of Mackenzie, British Columbia. More precisely, a 590 m portion of the tributary extending southwards and upstream from the centre of a dam constructed at 55°08′18″ north latitude and 124°00′41″ west longitude, to the centre of a dam constructed at 55°08′09″ north latitude and 124°01′08″ west longitude.
19Mallard Lake, Saskatchewan

Mallard Lake, located at 56°00′32″ north latitude and 104°16′38″ west longitude, approximately 120 km northeast of the town of La Ronge, Saskatchewan. More precisely, the area bounded by

  • (a) the contour of elevation around Mallard Lake at the 490 m level, and

  • (b) the dam built at the south end of Mallard Lake.

20The unnamed headwater pond of an unnamed tributary of East Creek, OntarioAn unnamed headwater pond of an unnamed tributary of East Creek, located at 50°02′17″ north latitude and 79°40′57″ west longitude, approximately 145 km northeast of the town of Cochrane, Ontario.
21A portion of an unnamed tributary to East Creek, OntarioA portion of an unnamed tributary to East Creek, Ontario, located approximately 145 km northeast of the town of Cochrane, Ontario. More precisely, a 2.3-km portion of the tributary extending northwards and downstream from the outlet of the unnamed headwater pond referred to in item 20, to the centre of a dam constructed at 50°02′43″ north latitude and 79°40′20″ west longitude.
22A portion of an unnamed tributary to Linden Creek, OntarioA portion of an unnamed tributary to Linden Creek, Ontario, located approximately 145 km northeast of the town of Cochrane, Ontario. More precisely, a 1.8-km portion of the tributary extending southwards and downstream from the northern perimeter of a waste rock disposal area at 50°00′17″ north latitude and 79°43′37″ west longitude to the southern perimeter of the waste rock disposal area at 49°59′30″ north latitude and 79°43′07″ west longitude.
23A portion of an unnamed tributary to an unnamed lake in the Linden Creek watershed, OntarioA portion of an unnamed tributary to an unnamed lake in the Linden Creek watershed, Ontario, located approximately 145 km northeast of the town of Cochrane, Ontario. More precisely, a 1.4-km portion of the tributary extending southwards and downstream from the headwaters of the tributary at 50°00′17″ north latitude and 79°42′39″ west longitude to the southern perimeter of a waste rock disposal area at 49°59′25″ north latitude and 79°42′27″ west longitude.
24A portion of Trail Creek, British ColumbiaA portion of Trail Creek, located approximately 20 km southeast of the community of Iskut, British Columbia. More precisely, a 0.6 km portion of the creek extending southwards and downstream from a natural barrier located at 57°42′59″ north latitude and 129°44′10″ west longitude, to the centre of a dam constructed at 57°42′43″ north latitude and 129°44′20″ west longitude.
25Lake Hesse, Quebec

Lake Hesse, located at 52°46′21″ north latitude and 67°20′58″ west longitude, approximately 15 km west of the town of Fermont, Quebec. More precisely, the area bounded by

  • (a) the contour of elevation around Lake Hesse at the 620 m level,

  • (b) the dam built at the north end of Lake Hesse, and

  • (c) the control dam built at the south end of Lake Hesse.

26An unnamed lake approximately 20 km west of Fermont, Quebec and a portion of its outlet

An unnamed lake, located at 52°49′43″ north latitude and 67°22′23″ west longitude, approximately 20 km west of the town of Fermont, Quebec, and a portion of its outlet. More precisely, the area bounded by

  • (a) the contour of elevation around the lake at the 660 m level, and

  • (b) the outlet of the lake extending from the mouth of an outlet stream at 52°49′33″ north latitude and 67°22′18″ west longitude for a distance of 30 m downstream from that mouth.

27A portion of an unnamed stream discharging waters from an unnamed lake, other than the one referred to in item 26, approximately 20 km west of Fermont, QuebecA portion of an unnamed stream discharging waters from an unnamed lake, other than the one referred to in item 26, approximately 20 km west of the town of Fermont, Quebec. More precisely, the 1815 m portion of the stream that extends southwards and downstream from the point located at 52°50′02″ north latitude and 67°21′29″ west longitude to the point located at 52°49′20″ north latitude and 67°21′39″ west longitude.
  • SOR/2006-239, ss. 21 to 23;
  • SOR/2008-216, s. 1;
  • SOR/2009-27, s. 1;
  • SOR/2009-156, s. 2;
  • SOR/2010-250, s. 1;
  • SOR/2011-202, s. 1;
  • SOR/2015-45, s. 1;
  • SOR/2016-87, s. 1;
  • SOR/2016-196, s. 1.

SCHEDULE 3(Subsections 1(1), 12(2) and 20(5))

Analytical Requirements for Metal Mining Effluent

ItemColumn 1Column 2Column 3Column 4
Deleterious Substance/pHPrecisionFootnote for Analytical Requirements for Metal Mining Effluent1AccuracyFootnote for Analytical Requirements for Metal Mining Effluent2Method Detection Limit (MDL)
1Arsenic10%100 ± 10%0.010 mg/L
2Copper10%100 ± 10%0.010 mg/L
3Cyanide10%100 ± 10%0.010 mg/L
4Lead10%100 ± 10%0.030 mg/L
5Nickel10%100 ± 10%0.020 mg/L
6Zinc10%100 ± 10%0.010 mg/L
7Total Suspended Solids15%100 ± 15%2.000 mg/L
8Radium 22610%100 ± 10%0.01 Bq/L
9pH0.1 pH unit0.1 pH unitNot Applicable
  • SOR/2006-239, s. 24.

SCHEDULE 4(Section 3, paragraph 4(1)(a), subsections 12(1) and (3), section 13, subsections 15(1), 19.1(1) and 20(1), paragraphs 21(2)(b) and (f), 24(1)(a) and 34(1)(b), subsection 34(3), paragraphs 34(4)(a) and (5)(a) and (b), 35(2)(b), 36(d) and 37(1)(a) and Schedules 5 and 7)

Authorized Limits of Deleterious Substances

ItemColumn 1Column 2Column 3Column 4
Deleterious SubstanceMaximum Authorized Monthly Mean ConcentrationMaximum Authorized Concentration in a Composite SampleMaximum Authorized Concentration in a Grab Sample
1Arsenic0.50 mg/L0.75 mg/L1.00 mg/L
2Copper0.30 mg/L0.45 mg/L0.60 mg/L
3Cyanide1.00 mg/L1.50 mg/L2.00 mg/L
4Lead0.20 mg/L0.30 mg/L0.40 mg/L
5Nickel0.50 mg/L0.75 mg/L1.00 mg/L
6Zinc0.50 mg/L0.75 mg/L1.00 mg/L
7Total Suspended Solids15.00 mg/L22.50 mg/L30.00 mg/L
8Radium 2260.37 Bq/L0.74 Bq/L1.11 Bq/L

NOTE: All concentrations are total values.

  • SOR/2006-239, s. 25.

SCHEDULE 5(Section 7, subsection 15(1) and paragraph 32(1)(c))Environmental Effects Monitoring Studies

Interpretation

  • 1 The following definitions apply in this Schedule.

    effect on fish tissue

    effect on fish tissue means measurements of concentrations of total mercury that exceed 0.5 μg/g wet weight in fish tissue taken in an exposure area and that are statistically different from and higher than the concentrations of total mercury in fish tissue taken in a reference area. (effet sur les tissus de poissons)

    effect on the benthic invertebrate community

    effect on the benthic invertebrate community means a statistical difference between data referred to in subparagraph 16(a)(iii) from a study respecting the benthic invertebrate community conducted in

    • (a) an exposure area and a reference area; or

    • (b) sampling areas within an exposure area where there are gradually decreasing effluent concentrations. (effet sur la communauté d’invertébrés benthiques)

    effect on the fish population

    effect on the fish population means a statistical difference between data relating to the indicators referred to in subparagraph 16(a)(i) from a study respecting fish population conducted in

    • (a) an exposure area and a reference area; or

    • (b) sampling areas within an exposure area where there are gradually decreasing effluent concentrations. (effet sur la population de poissons)

    exposure area

    exposure area means all fish habitat and waters frequented by fish that are exposed to effluent. (zone exposée)

    fish

    fish means fish as defined in section 2 of the Fisheries Act but does not include parts of fish, parts of shellfish, parts of crustaceans or parts of marine animals. (poisson)

    reference area

    reference area means water frequented by fish that is not exposed to effluent and that has fish habitat that, as far as practicable, is most similar to that of the exposure area. (zone de référence)

    sampling area

    sampling area means the area within a reference or exposure area where representative samples are collected. (zone d’échantillonnage)

  • 2 Environmental effects monitoring studies consist of the effluent and water quality monitoring studies set out in Part 1, and the biological monitoring studies set out in Part 2, of this Schedule.

PART 1Effluent and Water Quality Monitoring Studies

Required Studies

  • 3 Effluent and water quality monitoring studies consist of effluent characterization, sublethal toxicity testing and water quality monitoring.

Effluent Characterization

    • 4 (1) Effluent characterization is conducted by analysing a sample of effluent and recording the hardness, alkalinity, electrical conductivity and temperature of the sample and the concentrations, in total values, of the following:

      • (a) aluminum;

      • (b) cadmium;

      • (c) iron;

      • (d) subject to subsection (3), mercury;

      • (e) molybdenum;

      • (f) selenium;

      • (g) ammonia; and

      • (h) nitrate.

    • (2) The effluent characterization shall be conducted four times per calendar year and not less than one month apart, on aliquots of effluent sample collected under sections 12 and 13 of these Regulations, with the first characterization to be conducted on an aliquot of effluent sample collected not later than six months after the day on which the mine becomes subject to section 7 of these Regulations.

    • (3) The recording of the concentration of total mercury in effluent referred to in paragraph (1)(d) may be discontinued if that concentration is less than 0.10 µg/L in 12 consecutive samples collected under subsection (2).

    • (4) Quality assurance and quality control measures shall be implemented that will ensure the accuracy of the effluent characterization data.

Sublethal Toxicity Testing

    • 5 (1) Sublethal toxicity testing shall be conducted by following the applicable methods referred to in subsections (3) and (4) and recording the results for

      • (a) a fish species, an invertebrate species, a plant species and an algal species, in the case of effluent deposited into fresh waters; and

      • (b) a fish species, an invertebrate species and an algal species, in the case of effluent deposited into marine or estuarine waters.

    • (2) The sublethal toxicity tests shall be conducted on the aliquots of effluent sample collected in accordance with subsection 4(2) from the mine’s final discharge point that has potentially the most adverse environmental impact on the environment, taking into account the mass loadings of the deleterious substances set out in column 1 of Schedule 4 as determined under subsection 20(2) of these Regulations and the manner in which the effluent mixes within the exposure area.

    • (3) The sublethal toxicity tests under paragraph (1)(a) shall be conducted using the following test methodologies, as amended from time to time, as applicable to each species:

      • (a) in the case of a fish species,

        • (i) Biological Test Method: Test of Larval Growth and Survival Using Fathead Minnows (Report EPS 1/RM/22), February 1992, published by the Department of the Environment, or

        • (ii) Biological Test Method: Toxicity Tests Using Early Life Stages of Salmonid Fish (Rainbow Trout) (Reference Method EPS 1/RM/28), July 1998, published by the Department of the Environment;

      • (b) in the case of an invertebrate species, Biological Test Method: Test of Reproduction and Survival Using the Cladoceran Ceriodaphnia dubia (Report EPS 1/RM/21), February 1992, published by the Department of the Environment;

      • (c) in the case of a plant species, Biological Test Method: Test for Measuring the Inhibition of Growth Using the Freshwater Macrophyte, Lemna minor (Reference Method EPS 1/RM/37), March 1999, published by the Department of the Environment; and

      • (d) in the case of an algal species,

        • (i) Biological Test Method: Growth Inhibition Test Using Freshwater Alga Selenastrum capricornutum (Report EPS 1/RM/25), November 1992, published by the Department of the Environment, or

        • (ii) Détermination de l’inhibition de la croissance chez l’algue Selenastrum capricornutum (Reference Method MA 500-S.cap.2.0), September 1997, published by the Centre d’expertise en analyse environnementale du Québec.

    • (4) The sublethal toxicity tests under paragraph (1)(b) shall be conducted using the following test methodologies, as amended from time to time, as applicable to each species:

      • (a) Biological Test Method: Fertilization Assay Using Echinoids (Sea Urchins and Sand Dollars) (Report EPS 1/RM/27), December 1992, published by the Department of the Environment;

      • (b) Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms (Third Edition) (Reference Method EPA/821/R-02/014), October 2002, published by the U.S. Environmental Protection Agency; and

      • (c) Short-term Methods for Estimating the Chronic Toxicity of Effluent and Receiving Waters to West Coast Marine and Estuarine Organisms (First Edition) (Reference Method EPA/600/R-95-136), August 1995, published by the U.S. Environmental Protection Agency.

    • 6 (1) Subject to subsection (2), the sublethal toxicity tests under section 5 shall be conducted two times each calendar year for three years and once each year after the third year, with the first testing to occur on an effluent sample collected not later than six months after the mine becomes subject to section 7 of these Regulations.

    • (2) Sublethal toxicity testing may be conducted once each calendar year, if the results of six sublethal toxicity tests conducted after December 31, 1997, on a fish species, an invertebrate species and either an aquatic plant species or an algal species are submitted to the authorization officer not later than six months after the mine becomes subject to section 7 of these Regulations.

Water Quality Monitoring

    • 7 (1) Water quality monitoring is conducted by

      • (a) collecting samples of water from

        • (i) the exposure area surrounding the point of entry of effluent into water from each final discharge point and from the related reference areas, and

        • (ii) the sampling areas that are selected under paragraphs 12(b) and 13(a);

      • (b) recording the temperature of the water and the dissolved oxygen concentration in the water in the exposure and reference areas where the samples are collected;

      • (c) recording the concentration of the substances set out in paragraphs 4(1)(a) to (h) and,

        • (i) in the case of effluent that is deposited into fresh water, recording the pH, hardness, alkalinity and electrical conductivity of the water samples,

        • (ii) in the case of effluent that is deposited into estuarine waters, recording the pH, hardness, alkalinity, electrical conductivity and salinity of the water samples, and

        • (iii) in the case of effluent that is deposited into marine waters, recording the salinity of the water samples;

      • (d) recording the concentration of the deleterious substances set out in column 1 of Schedule 4, but

        • (i) not recording the concentrations of cyanide if that substance is not used as a process reagent within the operations area, and

        • (ii) not recording the concentrations of radium 226 if the conditions of subsection 13(2) of these Regulations are met; and

      • (e) implementing quality assurance and quality control measures that will ensure the accuracy of water quality monitoring data.

    • (2) The water quality monitoring shall be conducted, starting not later than six months after the day on which the mine becomes subject to section 7 of these Regulations,

      • (a) four times per calendar year and not less than one month apart on the samples of water collected, while the mine is depositing effluent, from the areas referred to in subparagraph (1)(a)(i); and

      • (b) at the same time that the biological monitoring studies are conducted on samples of water collected in the areas referred to in subparagraph (1)(a)(ii).

Effluent and Water Quality Monitoring Report

  • 8 A report on the effluent and water quality monitoring studies conducted during a calendar year under sections 4 to 7 shall be submitted to the authorization officer not later than March 31 of the following year, and shall include

    • (a) the dates on which each sample was collected for effluent characterization, sublethal toxicity testing and water quality monitoring;

    • (b) the locations of the final discharge points from which samples were collected for effluent characterization;

    • (c) the location of the final discharge point from which samples were collected for sublethal toxicity testing and the data on which the selection of the final discharge point was made in compliance with subsection 5(2);

    • (d) the latitude and longitude of sampling areas for water quality monitoring, in degrees, minutes and seconds, and a description that is sufficient to identify the location of the sampling areas;

    • (e) the results of effluent characterization, sublethal toxicity testing and water quality monitoring;

    • (f) the methodologies used to conduct effluent characterization and water quality monitoring, and the related method detection limits; and

    • (g) a description of quality assurance and quality control measures that were implemented and the data related to the implementation of those measures.

PART 2Biological Monitoring Studies

Required Studies

  • 9 Biological monitoring studies consist of

    • (a) a site characterization;

    • (b) a study respecting the fish population, if the concentration of effluent in the exposure area is greater than 1% in the area located within 250 m of a final discharge point;

    • (c) a study respecting fish tissue, if during effluent characterization conducted under paragraph 4(1)(d) a concentration of total mercury in the effluent is identified that is equal to or greater than 0.10 µg/L; and

    • (d) a study respecting benthic invertebrate community.

DIVISION 1The First Biological Monitoring Studies

First Study Design

  • 10 Prior to the conduct of the biological monitoring studies, a study design shall be submitted in accordance with section 14 that contains

    • (a) a site characterization that includes the information required by section 11;

    • (b) a description of how the study respecting the fish population will be conducted, if such a study is required under paragraph 9(b), that includes

      • (i) the information referred to in paragraphs 12(a) to (d), and

      • (ii) how the study will provide the information necessary to determine if the effluent has an effect on the fish population;

    • (c) a description of how the study respecting fish tissue will be conducted, if that study is required under paragraph 9(c), that includes

      • (i) the information referred to in paragraphs 12(a) to (d), and

      • (ii) how the study will provide the information necessary to determine if the effluent has an effect on fish tissue;

    • (d) a description of how the study respecting the benthic invertebrate community will be conducted that includes

      • (i) the information referred to in paragraphs 13(a) to (d), and

      • (ii) how the study will provide the information necessary to determine if the effluent has an effect on the benthic invertebrate community;

    • (e) the dates and times that the samples will be collected for the biological monitoring;

    • (f) a description of the quality assurance and quality control measures that will be implemented to ensure the validity of the data that is collected; and

    • (g) a summary of the results of any biological monitoring studies that were submitted under subparagraph 14(b)(iii).

  • 11 A site characterization shall include the following information:

    • (a) a description of the manner in which the effluent mixes within the exposure area, including an estimate of the concentration of effluent in water at 250 m from each final discharge point;

    • (b) a description of the reference and exposure areas where the biological monitoring studies will be conducted that includes information on the geological, hydrological, oceanographical, limnological, chemical and biological features of those areas;

    • (c) the type of production process used by the mine, and the environmental protection practices in place at the mine;

    • (d) a summary of any federal, provincial or other laws applicable to the mine in respect of effluent and environmental monitoring;

    • (e) a description of any anthropogenic, natural or other factors that are not related to the effluent under study and that may reasonably be expected to contribute to any observed effect; and

    • (f) any additional information relevant to the site characterization.

  • 12 The information respecting the fish population and fish tissue studies shall include a description of and the scientific rationale for

    • (a) the fish species selected, taking into account the abundance of the species most exposed to effluent;

    • (b) the sampling areas selected;

    • (c) the sample size selected; and

    • (d) the field and laboratory methodologies selected.

  • 13 The information respecting the benthic invertebrate community studies shall include a description of and the scientific rationale for

    • (a) the sampling areas selected, taking into account the benthic invertebrate diversity and the area most exposed to effluent;

    • (b) the sample size selected;

    • (c) the sampling season selected; and

    • (d) the field and laboratory methodologies selected.

Submission of the First Study Design

  • 14 The first study design shall be submitted to the authorization officer not later than

    • (a) 12 months after the day on which the mine becomes subject to section 7 of these Regulations; or

    • (b) 24 months after the day on which the mine becomes subject to section 7 of these Regulations if

      • (i) biological monitoring studies are completed before the mine becomes subject to section 7 of these Regulations,

      • (ii) the biological monitoring studies referred to in subparagraph (i) determine whether the effluent was causing an effect on fish population, fish tissue or the benthic invertebrate community, and

      • (iii) the results of the biological monitoring studies are submitted to the authorization officer along with a report that contains scientific data to support the results not later than 12 months after the day on which the mine becomes subject to section 7 of these Regulations.

Conducting the First Biological Monitoring Studies

    • 15 (1) Subject to subsection (2), the first biological monitoring studies shall start not sooner than six months after the day on which a study design is submitted under section 14, and shall be conducted in accordance with that study design.

    • (2) If it is impossible to follow the study design because of unusual circumstances, the owner or operator may deviate from the study design but shall inform the authorization officer without delay of those circumstances and of how the study was or will be conducted.

Assessment of Data Collected from Studies

  • 16 The data collected during the biological monitoring studies shall be used

    • (a) to calculate the mean, the median, the standard deviation, the standard error and the minimum and maximum values in the sampling areas for

      • (i) in the case of a fish population survey, indicators of growth, reproduction, condition and survival that include, where practicable, the length, total body weight and age of the fish, the weight of its liver or hepatopancreas and, if the fish are sexually mature, the egg size, fecundity and gonad weight of the fish,

      • (ii) in the case of the fish tissue analyses, the concentration of total mercury wet weight in the fish tissue, and

      • (iii) in the case of a benthic invertebrate community survey, the total benthic invertebrate density, the evenness index, the taxa richness and the similarity index and, if the survey is conducted in an area where it is possible to sample sediment, the total organic carbon content of sediment and the particle size distribution of sediment; and

    • (b) to identify the sex of the fish sampled and the presence of any lesions, tumours, parasites or other abnormalities;

    • (c) to conduct an analysis of the results of the calculations under paragraph (a) and information identified under paragraph (b) to determine if there is a statistical difference between the sampling areas; and

    • (d) to conduct a statistical analysis of the results of the calculations under paragraph (a) to estimate the probability of correctly detecting an effect of a pre-defined size and the degree of confidence that can be placed in the calculations.

First Interpretative Report

  • 17 The first biological monitoring studies conducted under section 15 shall be followed by an interpretative report that contains the following information:

    • (a) a description of any deviation from the study design that occurred while the biological monitoring studies were being conducted and any impact that the deviation had on the studies;

    • (b) the latitude and longitude of sampling areas in degrees, minutes and seconds and a description of the sampling areas sufficient to identify the location of the sampling areas;

    • (c) the dates and times when samples were collected;

    • (d) the sample sizes;

    • (e) the results of the data assessment made under section 16 and any supporting raw data;

    • (f) based on the results referred to in paragraph (e), the identification of any effect on

      • (i) the fish population,

      • (ii) fish tissue, and

      • (iii) the benthic invertebrate community;

    • (g) a summary of the results of effluent characterization, sublethal toxicity testing and water quality monitoring reported under paragraph 8(e) since the day on which the mine becomes subject to section 7 of these Regulations;

    • (h) the conclusions of the biological monitoring studies, taking into account

      • (i) the results of any previous biological monitoring studies submitted under paragraph 14(b),

      • (ii) the presence of anthropogenic, natural or other factors that are not related to the effluent under study and that may reasonably be expected to contribute to any observed effect,

      • (iii) the results of the statistical analysis conducted under paragraphs 16(c) and (d), and

      • (iv) a description of quality assurance or quality control measures that were implemented and the data related to the implementation of those measures;

    • (i) a description of how the results will impact the study design for subsequent biological monitoring studies; and

    • (j) the date when the next biological monitoring study will be conducted.

  • 18 The first interpretative report shall be submitted

    • (a) not later than 30 months after the date the mine becomes subject to section 7 of these Regulations, if the study design was submitted under paragraph 14(a); or

    • (b) not later than 42 months after the date the mine becomes subject to section 7 of these Regulations, if the study design was submitted under paragraph 14(b).

DIVISION 2Subsequent Biological Monitoring Studies

Subsequent Study Designs

    • 19 (1) Subject to subsection (2), the study design for a second and any subsequent biological monitoring study shall be submitted to the authorization officer at least six months before a second or subsequent biological monitoring study is conducted, and shall include

      • (a) a summary of the information referred to in paragraph 10(a) and, where applicable, a detailed description of any changes to that information since the submission of the most recent study design;

      • (b) the information referred to in paragraphs 10(b) to (f);

      • (c) a summary of the results of any previous biological monitoring studies that were conducted after the coming into force of section 7 of these Regulations respecting the fish population, fish tissue analyses and the benthic invertebrate community; and

      • (d) if the results of the two previous biological monitoring studies indicate a similar type of effect on the fish population, on fish tissue or on the benthic invertebrate community, a description of one or more additional sampling areas within the exposure area that shall be used to assess the magnitude and geographic extent of the effect.

    • (2) If the results of the previous biological monitoring study indicate the magnitude and geographic extent of an effect on the fish population, on fish tissue or on the benthic invertebrate community, the study design shall include the information required by paragraph (1)(c) and a detailed description of what field and laboratory studies will be used to determine the cause of the effect.

Conduct of Subsequent Biological Monitoring Studies

    • 20 (1) Subject to subsection (2), the second and any subsequent monitoring studies shall be conducted in accordance with the study design submitted under section 19.

    • (2) If unusual circumstances make it impossible to follow the study design, the owner or operator must inform the authorization officer without delay.

Content of Subsequent Interpretative Reports

    • 21 (1) Subject to subsection (2), the second and subsequent biological monitoring studies conducted under section 20 shall be followed by an interpretative report that contains

      • (a) the information referred to in paragraphs 17(a) to (f) and (h) to (j);

      • (a.1) a summary of the results of effluent characterization, sublethal toxicity testing and water quality monitoring reported under paragraph 8(e) since the day on which the interpretative report of the previous biological monitoring study was required to be submitted; and

      • (b) if the study design that was submitted under subsection 19(1) contains information referred to in paragraph 19(1)(d), the magnitude and geographic extent of the effect referred to in that paragraph.

    • (2) If the study design was submitted under subsection 19(2), the interpretative report shall contain only the cause of the effect referred to in that subsection and, if the cause was not determined, an explanation of why and a description of any steps that must be taken in the next study to determine that cause.

Submission of the Subsequent Interpretative Reports

    • 22 (1) Subject to subsection (2), the interpretative report of the second and any subsequent biological monitoring studies shall be submitted to an authorization officer not later than 36 months after the day on which the interpretative report of the previous biological monitoring study was required to be submitted.

    • (2) The interpretative report of the second and subsequently conducted biological monitoring studies shall be submitted

      • (a) not later than 36 months after the day on which the interpretative report of the previous study was required to be submitted, if the results of the previous study indicate an effect on fish populations, on fish tissue and on the benthic invertebrate community;

      • (b) not later than 72 months after the day on which the interpretative report of the previous study was required to be submitted, if the results of the previous two consecutive biological monitoring studies indicate no effect on fish populations, on fish tissue and on the benthic invertebrate community; or

      • (c) not later than 36 months after the day on which the interpretative report of the previous study was required to be submitted, if the results of the previous two consecutive biological monitoring studies indicate a similar type of effect on fish populations, on fish tissue or on the benthic invertebrate community, and if the magnitude or geographic extent of the effect or cause of the effect is not known.

    • (3) For the purposes of subsection (2), if an owner or operator of a mine is not required to conduct a study on the fish population or on fish tissue under paragraph 9(b) or (c), the effluent is considered to have no effect on the fish population or on fish tissue respectively.

DIVISION 3Final Biological Monitoring Study prior to Closing Mine

Final Study Design

    • 23 (1) If an owner or operator of a mine has provided to the authorization officer a notice to close a mine under subsection 32(1) of these Regulations, a study design shall be submitted to the authorization officer, not later than six months after providing the notice, and shall include

      • (a) if study design is submitted for the first time, the information referred to in paragraph 10(a) and, in all other cases, a summary of the information referred to in paragraph 10(a) and, where applicable, a detailed description of any changes to that information since the submission of the most recent study design;

      • (b) the information referred to in paragraphs 10(b) to (f);

      • (c) a summary of the results of any previous biological monitoring studies that were conducted after June 6, 2002 respecting the fish population, fish tissue and the benthic invertebrate community; and

      • (d) if the results of the two previous biological monitoring studies indicate a similar type of effect on the fish population, on fish tissue or on the benthic invertebrate community, a description of one or more additional sampling areas within the exposure area, which additional sampling areas shall be used to assess the magnitude and geographic extent of the effect.

    • (2) If the results of the previous biological monitoring studies indicate the magnitude and geographic extent of an effect on fish population, on fish tissue or on the benthic invertebrate community, the study design shall include the information required by paragraph (1)(c) and a detailed description of what field and laboratory studies will be used to determine the cause of the effect.

Conduct of Final Biological Monitoring Studies

    • 24 (1) Subject to subsection (2), the final monitoring studies shall be conducted in accordance with the study design submitted under section 23 not sooner than six months after the day on which the final study design has been submitted.

    • (2) If unusual circumstances make it impossible to follow the study design, the owner or operator must inform the authorization officer without delay.

Content of Final Interpretative Report

  • 25 The final biological monitoring studies conducted under section 24 shall be followed by an interpretative report that contains

    • (a) the information referred to in paragraphs 17(a) to (f) and (h);

    • (a.1) a summary of the results of effluent characterization, sublethal toxicity testing and water quality monitoring reported under paragraph 8(e) since the day on which the interpretative report of the previous biological monitoring study was required to be submitted;

    • (b) if the study design that was submitted under subsection 23(1) contains the information referred to in paragraph 23(1)(d), the magnitude and geographic extent of the effect referred to in that paragraph; and

    • (c) if the study design was submitted under subsection 23(2), the cause of the effect referred to in that subsection.

Submission of the Final Interpretative Report

  • 26 The final interpretative report shall be submitted to the authorization officer not later than 36 months after the day on which the notice to close the mine was provided under subsection 32(1) of these Regulations.

  • SOR/2006-239, ss. 26 to 33, 34(F);
  • SOR/2012-22, ss. 10 to 17.

SCHEDULE 6(Section 22)Annual Report Summarizing Effluent Monitoring Results

PART 1Identifying Information

  • 1 Name of the mine

  • 2 Address of the mine

  • 3 Name of the operator of the mine

  • 4 Operator’s telephone number and e-mail address, if any

  • 5 Reporting period

  • 6 Date of report

PART 2Test Results Respecting Each Final Discharge Point

  • 1 Complete the following table with the monthly mean concentration for the deleterious substances set out in the table for each final discharge point and identify the location of the final discharge point.

  • 2 Any measurement not taken because there was no deposit from the final discharge point shall be identified by the letters “NDEP” (No Deposit).

  • 3 Any measurement not taken because no measurement was required in accordance with the conditions set out in section 12 or 13 of the Metal Mining Effluent Regulations shall be identified by the letters “NMR” (No Measurement Required).

Location of final discharge point:
Month

As

(mg/L)

Cu

(mg/L)

CN

(mg/L)

Pb

(mg/L)

Ni

(mg/L)

Zn

(mg/L)

TSS

(mg/L)

Ra 226

(Bq/L)

Lowest

pH

Highest

pH

Effluent Volume

(m3)

Jan
Feb
Mar
Apr
May
June
July
Aug
Sept
Oct
Nov
Dec

PART 3Results of Acute Lethality Tests and Daphnia Magna Monitoring Tests

Location of final discharge point:

Date Sample Collected

Results for Rainbow Trout Acute Lethality Tests

(mean percentage mortality in 100% effluent test concentration)

Results for Daphnia magna Monitoring Tests

(mean percentage mortality in 100% effluent test concentration)

PART 4Non-compliance Information

  • 1 If the results of the effluent monitoring tests indicate that the limits set out in Schedule 4 were exceeded, indicate the cause(s) of that non-compliance and remedial measures planned or implemented.

  • 2 Indicate remedial measures planned or implemented in response to the failure of rainbow trout acute lethality tests.

  • SOR/2006-239, s. 35.

SCHEDULE 6.1(Section 29)

Prescribed Persons for Reporting

ItemColumn 1Column 2
ProvincePosition
1Ontario

Regional Director

Environmental Enforcement Division — Ontario

Environment Canada

2Quebec

Regional Director

Environmental Enforcement Division — Quebec

Environment Canada

3Nova Scotia

Regional Director

Environmental Enforcement Division — Atlantic

Environment Canada

4New Brunswick

Regional Director

Environmental Enforcement Division — Atlantic

Environment Canada

5Manitoba

Regional Director

Environmental Enforcement Division — Prairie and Northern

Environment Canada

6British Columbia

Regional Director

Environmental Enforcement Division — Pacific and Yukon

Environment Canada

7Prince Edward Island

Regional Director

Environmental Enforcement Division — Atlantic

Environment Canada

8Saskatchewan

Executive Director

Compliance and Field Services Branch

Saskatchewan Ministry of Environment

9Alberta

Director

Enforcement and Monitoring Division

Alberta Ministry of Environment

10Newfoundland and Labrador

Regional Director

Environmental Enforcement Division — Atlantic

Environment Canada

11Yukon

Regional Director

Environmental Enforcement Division — Pacific and Yukon

Environment Canada

12Northwest Territories

Regional Director

Environmental Enforcement Division — Prairie and Northern

Environment Canada

13Nunavut

Regional Director

Environmental Enforcement Division — Prairie and Northern

Environment Canada

  • SOR/2006-239, s. 35;
  • SOR/2011-92, s. 7.

SCHEDULE 7(Paragraphs 34(4)(a) and (d) and (5)(a) and (d))

PART 1Information to Be Included in an Application for a Transitional Authorization

  • 1 The name, address and telephone number of the applicant.

  • 2 The name, position title, telephone number, facsimile number and E-mail address of a contact person.

  • 3 The name, mailing address and geographic location of the mine.

  • 4 A general description of the mining operation with details of the parts of the operation for which the application is made.

  • 5 A site plan showing the location of the main mining and milling facilities, the effluent treatment facilities and all the final discharge points.

  • 6 All available pH data and data related to the monthly mean concentrations of the deleterious substances set out in column 1 of Schedule 4 in the effluent for which the application is made for the one-year period immediately preceding the date of application.

  • 7 The effluent flow rate at each final discharge point.

  • 8 The available results of all acute lethality tests related to the effluent for which the application is made for the one-year period immediately preceding the date of application.

  • 9 Plans, specifications and other information on the design and capability of the effluent treatment process in place at the mine on the date of application.

  • 10 Based on the best available information at the time of application, a description of the facilities and procedures that are necessary to produce a non-acutely lethal effluent that complies with the authorized limits of the substances set out in column 1 of Schedule 4.

  • 11 A proposed schedule for the construction of the facilities and implementation of the procedures.

  • 12 The details of any effluent monitoring results related to fish, fish habitat or the human use of fish that are known to the operator.

  • 13 A signed statement indicating whether there is a law in the jurisdiction where the mine is located, and the identification of that law, that requires the mine to produce

    • (a) a non-acutely lethal effluent;

    • (b) an effluent containing a deleterious substance in a concentration that is equal to or less than the limits set out in Schedule 4; or

    • (c) an effluent with a pH equal to or greater than 6.0 but not greater than 9.5.

  • 14 Any further information that is required to support the application.

PART 2Statement of Certification

I certify that the information provided under Part 1 of Schedule 7 to the Metal Mining Effluent Regulations was prepared by persons with sufficient knowledge to evaluate the information. I further certify, based on my reasonable inquiry of the persons responsible for making the determination, that the information submitted is true, accurate and complete.

Date:

Signature : (operator, owner or their authorized representative)

(Position title)

  • SOR/2006-239, s. 36(F).

SCHEDULE 8(Subsection 35(2))

(PART 1)Transitional Authorization for Acutely Lethal Effluent

(Name and address of the owner and operator of the mine)

Owner:

Operator:

(Name and address of the mine)

is (are) hereby authorized as of (date) to deposit acutely lethal effluent until (date) for effluent from (identify final discharge point)

  • Please refer to sections 6 to 27 and subsection 28(1) of the Metal Mining Effluent Regulations (MMER) for conditions governing the authority to deposit. In addition, please note that this authorization may be revoked under section 38 of those Regulations.

Authorization Officer:

(Signature):

(Name):

(Position):

(Date):

PART 2Transitional Authorization for Deleterious Substances

(Name and address of the owner and operator of the mine)

Owner:

Operator:

(Name and address of the mine)

is (are) hereby authorized as of (date) to deposit the deleterious substances specified below until (date) for effluent from (identify final discharge point)

.

Deleterious SubstanceMaximum Authorized Monthly Mean ConcentrationFootnote for 1Maximum Authorized Concentration in a Composite SampleFootnote for 2Maximum Authorized Concentration in a Grab SampleFootnote for 3
Arsenic
Copper
Cyanide
Lead
Nickel
Zinc
Radium 226
Total Suspended Solids

Authorized Effluent pH RangeFootnote 4:

  • Please refer to sections 6 to 27 and subsection 28(1) of the Metal Mining Effluent Regulations for conditions governing the authority to deposit. In addition, please note that this authorization may be revoked under section 38 of those Regulations.

Authorization Officer:

(Signature):

(Name):

(Position):

(Date):

  • Return to footnote 1The maximum monthly mean concentration of the deleterious substance in effluent is the greater of the maximum monthly mean concentration of the substance recorded during the 12-month period preceding the date of the application for the transitional authorization and the authorized monthly mean concentration set out in column 2 of Schedule 4. The maximum monthly mean concentration for a substance may not exceed the concentration required by the jurisdiction where the mine is located, if applicable.

  • Return to footnote 2The maximum authorized concentration of the deleterious substance in each composite sample collected is equal to 1.5 times the maximum authorized monthly mean concentration.

  • Return to footnote 3The maximum authorized concentration of the deleterious substance in each grab sample collected is equal to 2.0 times the maximum authorized monthly mean concentration.

  • Return to footnote 4The lower limit of the authorized pH range is equal to the lowest pH recorded during the 12-month period preceding the date of the application for the transitional authorization or 6.0, whichever is less. The upper limit of the authorized pH range is equal to the highest pH recorded during the 12-month period preceding the date of the application or 9.5, whichever is greater.

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