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  1. Metal and Diamond Mining Effluent Regulations - SOR/2002-222 (SCHEDULE 5 : Environmental Effects Monitoring Studies)
    Metal and Diamond Mining Effluent Regulations

    [...]

    [...]

    • 1 (1) The following definitions apply in this Schedule.

      fish

      fish  has the same meaning as in section 2 of the 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)

    [...]

    • 5 (1) Sublethal toxicity testing shall, in the case of effluent deposited into fresh waters, be conducted using the following test methodologies, as amended from time to time:

      • [...]

      • (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), published by the Department of the Environment, as it applies to the biological endpoint based on the number of fronds; and

    • (2) Sublethal toxicity testing shall, in the case of effluent deposited into marine or estuarine waters, be conducted for fish species, invertebrate species and algal species using the following test methodologies, as amended from time to time, as applicable to each species:

      [...]

    • (3) The sublethal toxicity tests shall be conducted on aliquots of the same effluent sample collected for effluent characterization collected from the mine’s final discharge point that has potentially the most adverse environmental impact on the environment, taking into account

      • (a) the loading of the deleterious substances contained in the effluent as determined under subsection 20(2) of these Regulations; and

    • [...]

    • (3) After three years, the tests shall be conducted once per calendar quarter on the species referred to in subsection 5(1) or (2), as the case may be, whose results for all the tests conducted in accordance with subsections (1) and (2) — including such tests conducted in addition to the number required by those subsections — produce the lowest geometric mean, taking into account the inhibition concentration that produces a 25% effect or an effective concentration of 25%.

    [...]

    • 7 (1) Water quality monitoring is conducted by

      • [...]

      • (d) recording the concentration of the deleterious substances prescribed in section 3 of these Regulations, but

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

    [...]

    • [...]

    • (3) For the purposes of subsection (1), the concentration of effluent shall be determined or the effluent characterization shall be carried out, as the case may be,

      [...]

    [...]

    10 A first study design shall be submitted to the Minister of the Environment not later than 12 months after the day on which a mine becomes subject to section 7 of these Regulations. It shall contain

    • (a) a site characterization that includes

      • [...]

      • (v) any additional information that would enable a determination as to whether studies would be conducted in accordance with generally accepted standards of good scientific practice;

    • (b) a description of how any required study respecting fish population, fish tissue mercury and fish tissue selenium will be conducted that includes

      • [...]

      • (ii) an explanation as to how, in the case of the study respecting fish population or fish tissue mercury, the study will provide the information necessary to determine if the effluent has an effect on fish population or on fish tissue from mercury;

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

      • [...]

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

    [...]

    • 12 (1) A first interpretative report shall be submitted to the Minister of the Environment not later than 36 months after the day on which the mine becomes subject to section 7 of these Regulations. It shall contain

      • [...]

      • (h) a determination as to whether there is a statistically significant difference between the sampling areas for the calculations under subparagraphs (e)(i) to (iii) and paragraph (f) taking into consideration the information identified under paragraph (g), with the statistical comparison made separately and independently for each effect indicator;

      • [...]

      • (j) for an effect indicator referred to in paragraph (e) with an assigned critical effect size, a comparison of the magnitude of the effect — calculated in accordance with subsection (2) or (3), as the case may be — to its critical effect size;

      • [...]

      • (n) for an effect indicator with an assigned critical effect size, a statement as to whether the absolute value of the magnitude of the effect is equal to or greater than the absolute value of its critical effect size;

    [...]

    • [...]

    • (2) Each subsequent study design shall include

      • (a) a summary of the information referred to in paragraph 10(a) and a description of any changes to that information since the submission of the most recent study design, as well as — in respect of each calendar year — any supporting data, including raw data, for the estimate referred to in subparagraph 10(a)(i), whether or not the estimate has changed;

    [...]

    • 17 (1) The owner or operator of a mine that has ceased discharging effluent for a period of at least 36 months is not required to conduct environmental effects monitoring studies so long as the period of cessation continues.

    • (2) The requirement to conduct environmental effects monitoring studies shall resume, as the case may be, on

      [...]

    [...]


  2. Metal and Diamond Mining Effluent Regulations - SOR/2002-222 (SCHEDULE 5 : Environmental Effects Monitoring Studies)
    Metal and Diamond Mining Effluent Regulations

    [...]

    [...]

    • 1 (1) The following definitions apply in this Schedule.

      fish

      fish  has the same meaning as in section 2 of the 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)

    [...]

    • 5 (1) Sublethal toxicity testing shall, in the case of effluent deposited into fresh waters, be conducted using the following test methodologies, as amended from time to time:

      • [...]

      • (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), published by the Department of the Environment, as it applies to the biological endpoint based on the number of fronds; and

    • (2) Sublethal toxicity testing shall, in the case of effluent deposited into marine or estuarine waters, be conducted for fish species, invertebrate species and algal species using the following test methodologies, as amended from time to time, as applicable to each species:

      [...]

    • (3) The sublethal toxicity tests shall be conducted on aliquots of the same effluent sample collected for effluent characterization collected from the mine’s final discharge point that has potentially the most adverse environmental impact on the environment, taking into account

      • (a) the loading of the deleterious substances contained in the effluent as determined under subsection 20(2) of these Regulations; and

    • [...]

    • (3) After three years, the tests shall be conducted once per calendar quarter on the species referred to in subsection 5(1) or (2), as the case may be, whose results for all the tests conducted in accordance with subsections (1) and (2) — including such tests conducted in addition to the number required by those subsections — produce the lowest geometric mean, taking into account the inhibition concentration that produces a 25% effect or an effective concentration of 25%.

    [...]

    • 7 (1) Water quality monitoring is conducted by

      • [...]

      • (d) recording the concentration of the deleterious substances prescribed in section 3 of these Regulations, but

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

    [...]

    • [...]

    • (3) For the purposes of subsection (1), the concentration of effluent shall be determined or the effluent characterization shall be carried out, as the case may be,

      [...]

    [...]

    10 A first study design shall be submitted to the Minister of the Environment not later than 12 months after the day on which a mine becomes subject to section 7 of these Regulations. It shall contain

    • (a) a site characterization that includes

      • [...]

      • (v) any additional information that would enable a determination as to whether studies would be conducted in accordance with generally accepted standards of good scientific practice;

    • (b) a description of how any required study respecting fish population, fish tissue mercury and fish tissue selenium will be conducted that includes

      • [...]

      • (ii) an explanation as to how, in the case of the study respecting fish population or fish tissue mercury, the study will provide the information necessary to determine if the effluent has an effect on fish population or on fish tissue from mercury;

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

      • [...]

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

    [...]

    • 12 (1) A first interpretative report shall be submitted to the Minister of the Environment not later than 36 months after the day on which the mine becomes subject to section 7 of these Regulations. It shall contain

      • [...]

      • (h) a determination as to whether there is a statistically significant difference between the sampling areas for the calculations under subparagraphs (e)(i) to (iii) and paragraph (f) taking into consideration the information identified under paragraph (g), with the statistical comparison made separately and independently for each effect indicator;

      • [...]

      • (j) for an effect indicator referred to in paragraph (e) with an assigned critical effect size, a comparison of the magnitude of the effect — calculated in accordance with subsection (2) or (3), as the case may be — to its critical effect size;

      • [...]

      • (n) for an effect indicator with an assigned critical effect size, a statement as to whether the absolute value of the magnitude of the effect is equal to or greater than the absolute value of its critical effect size;

    [...]

    • [...]

    • (2) Each subsequent study design shall include

      • (a) a summary of the information referred to in paragraph 10(a) and a description of any changes to that information since the submission of the most recent study design, as well as — in respect of each calendar year — any supporting data, including raw data, for the estimate referred to in subparagraph 10(a)(i), whether or not the estimate has changed;

    [...]

    • 17 (1) The owner or operator of a mine that has ceased discharging effluent for a period of at least 36 months is not required to conduct environmental effects monitoring studies so long as the period of cessation continues.

    • (2) The requirement to conduct environmental effects monitoring studies shall resume, as the case may be, on

      [...]

    [...]


  3. Metal and Diamond Mining Effluent Regulations - SOR/2002-222 (Section 1)
    Metal and Diamond Mining Effluent Regulations
    •  (1) The following definitions apply in these Regulations.

      metal mine

      metal mine  means any work or undertaking that is designed or is used, or has been used, in connection with a mining, milling or hydrometallurgical activity to produce a metal or a metal concentrate or an ore from which a metal or a metal concentrate may be produced, as well as any cleared or disturbed area that is adjacent to such a work or undertaking. It includes any work or undertaking, such as a smelter, pelletizing plant, sintering plant, refinery or acid plant, if its effluent is combined with the effluent from a mining, milling or hydrometallurgical activity whose purpose is to produce a metal or a metal concentrate or an ore from which a metal or a metal concentrate may be produced. (mine de métaux)

      Reference Method EPS 1/RM/10

      Reference Method EPS 1/RM/10  means Biological Test Method: Reference Method for Determining Acute Lethality Using Threespine Stickleback, published in December 2017 by the Department of the Environment, as amended from time to time. (méthode de référence SPE 1/RM/10)

      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)

      Reference Method STB 1/RM/60

      Reference Method STB 1/RM/60  means Biological Test Method: Reference Method for Determining Acute Lethality Using Acartia tonsa, published in June 2019 by the Department of the Environment, as amended from time to time. (méthode de référence DGST 1/RM/60)

    • (2) Every reference in these Regulations to column 1, 2, 3 or 4 of Schedule 4 shall be read as

      [...]

    [...]


  4. Metal and Diamond Mining Effluent Regulations - SOR/2002-222 (SCHEDULE 2)
    Metal and Diamond Mining Effluent Regulations

    [...]

    Tailings Impoundment Areas

    Column 1 Column 2
    Item Water or Place Description
    34 A portion of an unnamed creek (locally known as Loslo Creek), and of its unnamed tributaries, that is tributary to Pinewood River, Ontario A portion of an unnamed creek (locally known as Loslo Creek), and of its unnamed tributaries, that is tributary to Pinewood River, located approximately 65 km northwest of the town of Fort Frances, Ontario. More precisely, the portion extending southwards and downstream from the northernmost point of the creek at 48°53′6″ north latitude and 94°2′43″ west longitude to the point located at 48°50′24″ north latitude and 94°3′36″ west longitude.
    35 A portion of an unnamed creek (locally known as Marr Creek), and of its unnamed tributaries, that is tributary to Pinewood River, Ontario A portion of an unnamed creek (locally known as Marr Creek), and of its unnamed tributaries, that is tributary to Pinewood River, located approximately 65 km northwest of the town of Fort Frances, Ontario. More precisely, the portion extending southwards and downstream from the northernmost point of the creek at 48°52′12″ north latitude and 94°1′49″ west longitude to the point located at 48°51′18″ north latitude and 94°2′25″ west longitude.
    36 A portion of an unnamed creek (locally known as Marr Creek), other than the portion referred to in item 35, that is tributary to Pinewood River, Ontario A portion of an unnamed creek (locally known as Marr Creek), other than the portion referred to in item 35, that is tributary to Pinewood River, located approximately 65 km northwest of the town of Fort Frances, Ontario. More precisely, the portion extending southwards and downstream from the point located at 48°50′52″ north latitude and 94°2′11″ west longitude, for a distance of 1.85 km, to the point located at 48°49′53″ north latitude and 94°2′24″ west longitude.
    65 A portion of Long Lake, located approximately 310 km northeast of Yellowknife, Northwest Territories

    A portion of Long Lake, also known as Cell D of the Long Lake Containment Facility, located approximately 310 km northeast of Yellowknife, Northwest Territories. More precisely, the portion of Long Lake located at 64°41′54.00′′ north latitude and 110°40′56.99″ west longitude, covering an area of 279.68 ha and bounded by

    [...]

    66 A portion of Long Lake, located approximately 307 km northeast of Yellowknife, Northwest Territories

    A portion of Long Lake, also known as Cell E of the Long Lake Containment Facility, located approximately 307 km northeast of Yellowknife, Northwest Territories. More precisely, the portion of Long Lake located at 64°41′21.99′′ north latitude and 110°43′08.98′′ west longitude, covering an area of 144.19 ha and bounded by

    [...]

    67 Two Rock Lake, located approximately 328 km northeast of Yellowknife, Northwest Territories Two Rock Lake, also known as Two Rock Sedimentation Pond, located at 64°51′33.01′′ north latitude and 110°32′10.03′′ west longitude, approximately 328 km northeast of Yellowknife, Northwest Territories, and covering an area of 29.29 ha.

    [...]


  5. Metal and Diamond Mining Effluent Regulations - SOR/2002-222 (Section 1)
    Metal and Diamond Mining Effluent Regulations
    •  (1) The following definitions apply in these Regulations.

      metal mine

      metal mine  means any work or undertaking that is designed or is used, or has been used, in connection with a mining, milling or hydrometallurgical activity to produce a metal or a metal concentrate or an ore from which a metal or a metal concentrate may be produced, as well as any cleared or disturbed area that is adjacent to such a work or undertaking. It includes any work or undertaking, such as a smelter, pelletizing plant, sintering plant, refinery or acid plant, if its effluent is combined with the effluent from a mining, milling or hydrometallurgical activity whose purpose is to produce a metal or a metal concentrate or an ore from which a metal or a metal concentrate may be produced. (mine de métaux)

      Reference Method EPS 1/RM/10

      Reference Method EPS 1/RM/10  means Biological Test Method: Reference Method for Determining Acute Lethality Using Threespine Stickleback, published in December 2017 by the Department of the Environment, as amended from time to time. (méthode de référence SPE 1/RM/10)

      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)

    [...]



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