Metal and Diamond Mining Effluent Regulations

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

• (a) provide written notice of that intention to the Minister of the Environment;

• (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 on which the written notice is received by the Minister of the Environment; 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 Minister of the Environment 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 Minister of the Environment in writing of their location.