SCHEDULE 5(Subsections 7(1) and (3) and paragraphs 15(1)(a) and (b) and 32(1)(c))Environmental Effects Monitoring Studies
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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.
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.
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Information Related to Effluent and Water Quality Monitoring Studies
8 The following information in relation to the effluent and water quality monitoring studies conducted during a calendar year under sections 4 to 7 shall be submitted to the Minister of the Environment not later than March 31 of the following year:
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PART 2Biological Monitoring Studies
Required Studies
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9 (1) Biological monitoring studies shall include
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(a) a study respecting fish population, if the highest concentration of effluent in the exposure area, during a period in which there are deposits, is greater than 1% at any location that is 250 m from a point at which the effluent enters the area from a final discharge point, unless the results of the previous two biological monitoring studies indicate
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(b) a study respecting the benthic invertebrate community, if the highest concentration of effluent in the exposure area, during a period in which there are deposits, is greater than 1% at any location that is 100 m from a point at which the effluent enters the area from a final discharge point, unless the results of the previous two biological monitoring studies indicate
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(c) a study respecting fish tissue mercury, if
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(i) effluent characterization reveals an annual mean concentration of total mercury in the effluent that is equal to or greater than 0.10 µg/L, based on a calendar year, unless the results of the previous two biological monitoring studies indicate no effect on fish tissue from mercury, or
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(d) a study respecting fish tissue selenium, if
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(e) if the cause of any effect on the fish population, on fish tissue from mercury or on the benthic invertebrate community is not known, a study that will be used to determine the cause of the effect if
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(i) the results of the previous two biological monitoring studies indicate a similar type of effect, and
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(ii) for an effect indicator with an assigned critical effect size, the absolute value of the magnitude of the effect is equal to or greater than the absolute value of its critical effect size in either of those studies.
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(2) If the results of the previous two biological monitoring studies are used to lift the requirement to conduct a study under any of paragraphs (1)(a), (b), (c) or (e), the earlier of those two studies shall not be used to lift a requirement to conduct a subsequent study.
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(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,
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(a) in the case of the first biological monitoring studies, beginning on the day on which the mine becomes subject to section 7 of these Regulations and ending on the day before the day on which the first study design is required to be submitted; and
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(b) for any subsequent biological monitoring studies, beginning on the day on which the previous study design was required to be submitted and ending on the day before the day on which the subsequent study design is required to be submitted.
DiVISION 1First Biological Monitoring Studies
First Study Design
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
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(a) a site characterization that includes
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(ii) a description of the exposure and reference areas where the biological monitoring studies would be conducted — whether or not they are required — that includes information on the geological, hydrological, oceanographical, limnological, chemical and biological features of those areas,
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(iv) a description of any anthropogenic, natural or other factors that are not related to the effluent but that may reasonably be expected to affect the results of any biological monitoring study, whether or not it is required, and
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(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;
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(b) a description of how any required study respecting fish population, fish tissue mercury and fish tissue selenium will be conducted that includes
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(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;
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(c) a description of how any required study respecting the benthic invertebrate community will be conducted that includes
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(d) the month in which the samples will be collected for each required biological monitoring study;
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(e) a description of the quality assurance and quality control measures that will be implemented for each required biological monitoring study to ensure the validity of the data that is collected; and
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(f) a summary of the results of any studies to determine whether the effluent was causing an effect on the fish population, fish tissue from mercury or the benthic invertebrate community and of any studies in the exposure and reference areas respecting fish tissue selenium completed before the mine becomes subject to section 7 of these Regulations and any scientific data to support the results.
First Biological Monitoring Studies
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11 (1) Subject to subsection (2), the first biological monitoring studies shall start not earlier than six months after the day on which the first study design is submitted under section 10, and shall be conducted in accordance with that study design.
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(2) If the owner or operator is unable to follow the study design due to circumstances beyond their control, the owner or operator shall inform the Minister of the Environment without delay of those circumstances and of the changes that are made to the study.
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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
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(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;
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(e) the mean, median, standard deviation, standard error and minimum and maximum values in the sampling areas for
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(i) in the case of the study respecting fish population, effect indicators of growth, reproduction, condition and survival that include, if 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 weight, fecundity and gonad weight of the fish,
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(ii) in the case of the study respecting the benthic invertebrate community, effect indicators of the total benthic invertebrate density, evenness index, taxa richness and, if the study is conducted in an area where it is possible to sample sediment, total organic carbon content of sediment and particle size distribution of sediment,
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(iii) in the case of the study respecting fish tissue mercury, the effect indicator of the concentration of total mercury (wet weight) in the fish tissue, and
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(iv) in the case of the study respecting fish tissue selenium, the concentration — in the muscle or whole body and, if practicable, in the ovaries or eggs — of total selenium (dry weight) reported in µg/g and the percentage of the moisture content of the sample;
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(f) in the case of the study respecting the benthic invertebrate community, a calculation of the similarity index effect indicator;
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(g) an identification of the sex of the fish sampled and of the presence of any lesions, tumours, parasites or other abnormalities and, in the case of the study respecting fish tissue selenium, the type of fish tissue studied and the scientific rationale for the selection of that tissue;
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(p) the conclusions of the biological monitoring studies, and a description of how those conclusions will impact the study design for subsequent biological monitoring studies, taking into account
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(i) the results of any studies referred to in paragraph 10(f),
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(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,
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(q) the month in which the next biological monitoring studies will start, if any biological monitoring studies are required; and
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(2) For the purpose of the study respecting fish population, the magnitude of the effect for an effect indicator is to be calculated using the following formula:
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(3) For the purposes of the study respecting the benthic invertebrate community, the magnitude of the effect for an effect indicator is to be calculated using the following formula:
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DIVISION 2Subsequent Biological Monitoring Studies
Subsequent Study Designs
Conduct of Subsequent Biological Monitoring Studies
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14 (1) Subject to subsection (2), the subsequent biological monitoring studies shall be conducted in accordance with the study design submitted under section 13.
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(2) If the owner or operator is unable to follow the study design due to circumstances beyond their control, the owner or operator shall inform the Minister of the Environment without delay of those circumstances and the changes that are made to the study.
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15 Subject to subsection 16(3), each subsequent study design shall be followed by a subsequent interpretative report that includes
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(a) for a study referred to in paragraphs 9(1)(a) to (d), the information referred to in paragraphs 12(1)(a) to (n) and (p) to (r);
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(c) if the study design includes the description required under paragraph 13(2)(d),
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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.
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(2) The requirement to conduct environmental effects monitoring studies shall resume, as the case may be, on
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(4) Any biological monitoring study that began before the end of the 36-month period shall be completed and followed by an interpretative report in accordance with section 15.
DIVISION 3Final Studies
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18 (1) If an owner or operator of a mine has provided a notice referred to in paragraph 32(1)(a) of these Regulations to the Minister of the Environment, the owner or operator shall
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(a) if the notice is received before biological monitoring studies have started, conduct the biological monitoring studies and submit any interpretative report that is required in respect of those studies; and
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(b) if the notice is received after biological monitoring studies have started, in addition to submitting any interpretative report that is required in respect of those studies, submit a final study design in accordance with subsection (2), conduct final biological monitoring studies in accordance with section 19 and submit a final interpretative report in accordance with section 20.
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(2) The final study design shall be submitted to the Minister of the Environment not later than six months after the day on which the notice referred to in paragraph 32(1)(a) of these Regulations is received. It shall include the information required under subsection 13(2).
Conduct of Final Biological Monitoring Studies
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19 (1) Subject to subsection (2), the final biological monitoring studies shall be conducted in accordance with the study design submitted under subsection 18(2) not earlier than six months after the day on which the final study design has been submitted.
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(2) If the owner or operator is unable to follow the study design due to circumstances beyond their control, the owner or operator shall inform the Minister of the Environment without delay of those circumstances and the changes that are made to the study.
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