Metal and Diamond Mining Effluent Regulations (SOR/2002-222)

RELATED PROVISIONS

• — SOR/2018-99, s. 37

  • • 37 (1) Despite subsection 8(1) of the Metal and Diamond Mining Effluent Regulations, the owner or operator of a mine that is subject to those Regulations on the day on which this section comes into force shall submit in writing to the Minister of the Environment the information referred to in paragraph 8(2)(c) of those Regulations not later than 60 days after the day on which this section comes into force.

    • (2) During the 12‑month period beginning on the day on which this section comes into force, despite subsection 16(2) of the Metal and Diamond Mining Effluent Regulations, the owner or operator of a diamond mine may, for the purposes of determining whether effluent is acutely lethal for the 12‑month period referred to in subsection 16(1) of those Regulations, use acute lethality data that was collected during any period of 12 consecutive months before the day on which this section comes into force, if the owner or operator submits a report to the Minister of the Environment that indicates that

      • (a) the tests to determine acute lethality have been conducted in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/10 or section 5 or 6 of Reference Method EPS 1/RM/13;

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

      • (c) the data was collected not more than 36 months before the day on which this section comes into force.

    • (3) During the 12‑month period beginning on the day on which section 14.3 of the Metal and Diamond Mining Effluent Regulations comes into force, despite subsection 16(2) of those Regulations, the owner or operator of a metal mine or diamond mine may, for the purposes of determining whether effluent is acutely lethal for the 12‑month period referred to in subsection 16(1) of those Regulations, use acute lethality data that was collected during any period of 12 consecutive months before the day on which that section 14.3 comes into force, if the owner or operator submits a report to the Minister of the Environment that indicates that

      • (a) the tests to determine acute lethality have been conducted in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/14;

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

      • (c) the data was collected not more than 36 months before the day on which that section 14.3 comes into force.

• — SOR/2018-99, s. 38

  • • 38 (1) Despite section 10 of Schedule 5 to the Metal and Diamond Mining Effluent Regulations, the first study design of a diamond mine that is subject to those Regulations on June 1, 2018 may be submitted not later than the earlier of June 1, 2021 and the day on which a document that is equivalent to a study design is required to be submitted under provincial or territorial laws.

    • (2) In the case of a diamond mine in respect of which the first study design is submitted under subsection (1), the period referred to in subsection 11(1) of Schedule 5 to the Metal and Diamond Mining Effluent Regulations does not apply.

    • (3) In the case of a diamond mine that is subject to the Metal and Diamond Mining Effluent Regulations on June 1, 2018, the results of any studies conducted before the day on which the first study design is submitted may be used for the purpose of determining which biological monitoring studies are required to be conducted under section 9 of Schedule 5 to those Regulations if those results can be used for the purpose of meeting the requirements of section 12 of that Schedule.

    • (4) However, only information gathered — for the purpose of meeting the requirements of provincial or territorial laws — during the three-year period before the day on which the first study design is submitted may be used to determine the concentration of effluent, mercury and selenium for the application of subsections 9(1) and (2) of Schedule 5 to the Metal and Diamond Mining Effluent Regulations. If that information is used, paragraph 9(3)(a) of that Schedule does not apply.

    • (5) If the results of studies referred to in subsection (3) and the information referred to in subsection (4) are used in accordance with those subsections, the first study design shall include, in addition to the information referred to in section 10 of Schedule 5 to the Metal and Diamond Mining Effluent Regulations, the information referred to in paragraph 13(2)(d) or (e), as the case may be, of that Schedule, copies of and a summary of the results of the studies and an explanation — that includes supporting information — as to how the results and information can be used for the purposes of meeting the requirements of sections 9 and 12 of that Schedule.

    • (6) In the case of a diamond mine that is subject to the Metal and Diamond Mining Effluent Regulations on June 1, 2018, the effluent and water quality monitoring studies set out in Part 1 of Schedule 5 to those Regulations shall be started on the day on which the first study design is submitted.

    • (7) In the case of a diamond mine that is subject to the Metal and Diamond Mining Effluent Regulations on June 1, 2018, the results of sublethal toxicity tests conducted — for the purpose of meeting the requirements of provincial or territorial laws — during the three-year period before the day on which the first study design is submitted may be used for the application of subsection 6(3) of Schedule 5 to those Regulations, as if three years had elapsed, if those tests meet the requirements of subsection 5(1) of that Schedule. If those results are used, subsections 6(1) and (2) of that Schedule do not apply.

    • (8) If the results of sublethal toxicity tests are used in accordance with subsection (7), the information referred to in paragraphs 8(a), (c), (e) and (g) of Schedule 5 to the Metal and Diamond Mining Effluent Regulations, in relation to those tests, shall be submitted to the Minister of the Environment not later than the day on which the first study design is submitted and shall be accompanied by a summary of the results of the tests and an explanation — that includes supporting information — as to how the results can be used for the purposes of meeting the requirements of subsection 5(1) of that Schedule.

    • (9) In the case of a diamond mine that is subject to the Metal and Diamond Mining Effluent Regulations on June 1, 2018, the first interpretative report shall, despite subsection 12(1) of Schedule 5 to those Regulations, be submitted not later than 24 months after the day on which the first study design is submitted and shall contain, in addition to the information referred to in section 12 of that Schedule, the information referred to in paragraph 15(c) of that Schedule.

• — SOR/2018-99, s. 39

  • 39 In the case of a metal mine that is subject to the Metal and Diamond Mining Effluent Regulations on June 1, 2018,

    • (a) sections 4 to 8 of Schedule 5 to those Regulations apply beginning on January 1, 2019 and, until that day, the Metal Mining Effluent Regulations, as they read immediately before June 1, 2018, continue to apply to the matters referred to in those sections;

    • (b) subsections 6(1) and (2) of Schedule 5 to those Regulations do not apply and the results of sublethal toxicity tests conducted under the Metal Mining Effluent Regulations during the three-year period before January 1, 2019 shall be used for the application of subsection 6(3) of that Schedule, as if three years had elapsed; and

    • (c) biological monitoring studies started on or before June 1, 2018 shall be completed, and the corresponding interpretative report shall be submitted, in accordance with the Metal Mining Effluent Regulations, as they read immediately before June 1, 2018.