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

PART 1General

Interpretation

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

  Act

  Act means the Fisheries Act. (Loi)

  acute lethality test

  acute lethality test[Repealed, SOR/2018-99, s. 2]

  acutely lethal

  acutely lethal, in respect of an effluent, means that the effluent at 100% concentration kills

  • (a) more than 50% of the rainbow trout subjected to it for a period of 96 hours, when tested in accordance with the acute lethality test set out in section 14.1;

  • (b) more than 50% of the threespine stickleback subjected to it for a period of 96 hours, when tested in accordance with the acute lethality test set out in section 14.2;

  • (c) more than 50% of the Daphnia magna subjected to it for a period of 48 hours, when tested in accordance with the acute lethality test set out in section 14.3; or

  • (d) more than 50% of the Acartia tonsa subjected to it for a period of 48 hours, when tested in accordance with the acute lethality test set out in section 14.4. (létalité aiguë)

  acutely lethal effluent

  acutely lethal effluent[Repealed, SOR/2018-99, s. 2]

  authorization officer

  authorization officer[Repealed, SOR/2018-99, s. 2]

  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  Daphnia magna monitoring test[Repealed, SOR/2018-99, s. 2]

  deleterious substance

  deleterious substance[Repealed, SOR/2018-99, s. 2]

  diamond mine

  diamond mine means any work or undertaking that is designed or is used, or has been used, in connection with a mining or milling activity to produce a diamond or an ore from which a diamond may be produced. It includes any cleared or disturbed area that is adjacent to such a work or undertaking. (mine de diamants)

  effluent

  effluent means any of the following:

  • (a) hydrometallurgical facility effluent, milling facility effluent, mine water effluent, tailings impoundment area effluent, treatment pond effluent or treatment facility effluent other than effluent from a sewage treatment facility; or

  • (b) any seepage or surface runoff containing any deleterious substance that flows over, through or out of the site of a mine. (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[Repealed, SOR/2018-99, s. 2]

  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)

  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)

  milling

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

  • (a) the crushing or grinding of ore or kimberlite;

  • (b) the processing of uranium ore or uranium enriched solution; or

  • (c) the processing of tailings. (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[Repealed, SOR/2018-99, s. 2]

  mine under development

  mine under development[Repealed, SOR/2018-99, s. 2]

  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[Repealed, SOR/2018-99, s. 2]

  operations area

  operations area[Repealed, SOR/2018-99, s. 2]

  operator

  operator means any person who operates, has control or custody of or is in charge of a 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[Repealed, SOR/2018-99, s. 2]

  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)

  reopened mine

  reopened mine[Repealed, SOR/2018-99, s. 2]

  surface drainage

  surface drainage[Repealed, SOR/2018-99, s. 2]

  suspended solids

  suspended solids means any solid matter contained in an effluent 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 Table 1 of Schedule 3. (matières en suspension)

  tailings impoundment area

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

  total suspended solids

  total suspended solids[Repealed, SOR/2018-99, s. 2]

  transitional authorization

  transitional authorization[Repealed, SOR/2018-99, s. 2]

  treatment facility effluent

  treatment facility effluent means water from a polishing pond, treatment pond, settling pond or water treatment plant or from any mine effluent treatment facility. (effluent d’installations de traitement)

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

  • (a) a reference to column 1, 2, 3 or 4 of Table 1 of Schedule 4, in the case of a mine to which subparagraph 4(1)(a)(i) applies; or

  • (b) a reference to column 1, 2, 3 or 4 of Table 2 of Schedule 4, in the case of a mine to which subparagraph 4(1)(a)(ii) applies.

Application

• 2 (1) These Regulations apply in respect of the following mines:

  • (a) metal mines that, at any time on or after June 6, 2002,

    • (i) exceed an effluent flow rate of 50 m³ per day, based on the effluent deposited from all the final discharge points of the mine, and

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

  • (b) diamond mines that, at any time on or after June 1, 2018,

    • (i) exceed an effluent flow rate of 50 m³ per day, based on the effluent deposited from all the final discharge points of the mine, and

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

• (2) However, these Regulations do not apply in respect of

  • (a) placer mining;

  • (b) a metal mine that stopped commercial operation before June 6, 2002, unless it returns to commercial operation on or after that date; and

  • (c) a diamond mine that stopped commercial operation before June 1, 2018, unless it returns to commercial operation on or after that date.

• (3) Despite subsection (1), sections 4 to 31 do not apply in respect of a mine that is a recognized closed mine under subsection 32(2) unless it returns to commercial operation, in which case it ceases to be a recognized closed mine.

Prescribed Deleterious Substances

3 For the purpose of the definition deleterious substance in subsection 34(1) of the Act, the following substances or classes of substances are prescribed as deleterious substances:

• (a) arsenic;

• (b) copper;

• (c) cyanide;

• (d) lead;

• (e) nickel;

• (f) zinc;

• (g) suspended solids;

• (h) radium 226; and

• (i) un-ionized ammonia.

Authority to Deposit in Water or Place Referred to in Subsection 36(3) of Act

• 4 (1) For the purposes of paragraph 36(4)(b) of the Act, the owner or operator of a mine is authorized to deposit, or to permit the deposit of, an effluent containing any deleterious substance that is prescribed in section 3 in any water or place referred to in subsection 36(3) of the Act if

  • (a) the concentration of the deleterious substance in the effluent does not exceed the maximum authorized concentrations that are set out in columns 2, 3 and 4 of

    • (i) Table 1 of Schedule 4, in the case of a mine in respect of which these Regulations apply for the first time on or after June 1, 2021 or in the case of a recognized closed mine that returns to commercial operation on or after June 1, 2021, or

    • (ii) Table 2 of Schedule 4, in any other case;

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

  • (c) the effluent is not acutely lethal.

• (2) The authority in subsection (1) is conditional on the owner or operator complying with sections 6 to 27.

4.1 Paragraph 4(1)(c) does not apply in the case where the effluent is determined to be acutely lethal in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/14 when the owner or operator of a mine is testing at the frequency prescribed in subsection 14(1), unless the effluent is determined to be acutely lethal in accordance with any other acute lethality test.

Authority to Deposit in Tailings Impoundment Areas

• 5 (1) Despite section 4, the owner or operator of a mine may deposit or permit the deposit of waste rock, acutely lethal effluent or effluent of any pH and containing any concentration of a deleterious substance that is prescribed in section 3 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.

• (3) For the purposes of this section, any acutely lethal effluent is prescribed as a deleterious substance.

PART 2Conditions Governing Authority to Deposit

DIVISION 1General

Prohibition on Diluting Effluent

6 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

• 7 (1) The owner or operator of a mine shall conduct environmental effects monitoring studies in accordance with the requirements and within the periods set out in Schedule 5.

• (2) The studies shall be conducted 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 conducted.

• (3) The owner or operator shall record the results of the studies and submit to the Minister of the Environment, in accordance with the requirements set out in Schedule 5, the reports and information required by that Schedule.

Identifying Information

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

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

  • (b) ownership of the mine is transferred; and

  • (c) the mine returns to commercial operation after it has become a recognized closed mine.

• (2) The information that shall be submitted is

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

  • (b) the name and address of any parent company of the owner and the operator; and

  • (c) the design-rated capacity of the mine, expressed as tonnes per year, and a description and rationale of how the design-rated capacity was determined.

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

Final Discharge Points

9 The owner or operator of a mine shall identify each final discharge point and submit in writing to the Minister of the Environment, 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;

• (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.

• 10 (1) The owner or operator of a mine shall submit in writing to the Minister of the Environment 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 Minister of the Environment 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

11 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

• 12 (1) 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) a grab sample or composite sample of effluent and record the pH of the sample at the time of its collection and record, without delay after collecting the sample, the concentrations of the deleterious substances prescribed in section 3 except un-ionized ammonia; and

  • (b) a grab sample of effluent and record the temperature and the pH of the sample at the time of its collection and record, without delay after collecting the sample, the concentrations of total ammonia expressed as nitrogen (N).

• (2) Testing conducted under subsection (1) shall comply with the analytical requirements set out in Table 1 of 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) Despite subsection (1), the owner or operator of a mine is not required to collect samples for the purpose of recording the concentrations of cyanide if cyanide has never been used as a process reagent at the mine.

• (4) The owner or operator of a mine shall determine and record the concentration of un-ionized ammonia, using the temperature, pH and concentration of total ammonia recorded under paragraph (1)(b), in accordance with the following formula:

  A (1/(1 + 10^pKa-pH))

  where

  A

  is the concentration of total ammonia — which is the sum of un-ionized ammonia (NH₃) and ionized ammonia (NH₄⁺) — expressed in mg/L as nitrogen (N);

  pH

  is the pH of the effluent sample; and

  pKa

  is a dissociation constant calculated in accordance with the following formula:

  0.09018 + 2729.92/T

  where

  T

  is the temperature of the effluent sample in kelvin.

• 13 (1) The owner or operator of a mine may reduce the frequency of conducting tests relating to the concentrations of arsenic, copper, cyanide, lead, nickel, zinc or un-ionized ammonia at a final discharge point to not less than once in each calendar quarter, each test being conducted at least one month apart, if that substance’s monthly mean concentration at that final discharge point is less than 10% of the value set out in column 2 of Schedule 4 for 12 consecutive months.

• (2) The owner or operator of a mine, other than an uranium mine, may reduce the frequency of conducting tests relating to the concentration of radium 226 at a final discharge point to not less than once in each calendar quarter, each test being conducted at least one month apart, if the concentration of radium 226 at that final discharge point is less than 0.037 Bq/L for 10 consecutive weeks.

• (3) The owner or operator of a mine shall increase the frequency of conducting tests relating to the concentration of a deleterious substance at a final discharge point to the frequency prescribed in section 12

  • (a) in the case of a deleterious substance mentioned in subsection (1), if that substance’s monthly mean concentration at that final discharge point is equal to or greater than 10% of the value set out in column 2 of Schedule 4; and

  • (b) in the case of radium 226, if the concentration of radium 226 at that final discharge point is equal to or greater than 0.037 Bq/L.

• (4) The owner or operator of a mine shall increase the frequency of conducting tests relating to the concentration of a deleterious substance at all final discharge points to the frequency prescribed in section 12 for all the substances mentioned in subsections (1) and (2) if the owner or operator

  • (a) fails to perform a test required under those subsections in accordance with the prescribed frequency; or

  • (b) fails to submit a report required under subsection 21(1) or section 22 within the prescribed time.

• (5) If the owner or operator of a mine changes the location of a final discharge point, the owner or operator shall increase the frequency of conducting tests relating to the concentration of a deleterious substance at that final discharge point to the frequency prescribed in section 12 for all the deleterious substances mentioned in subsections (1) and (2).

• (6) The owner or operator of a mine who reduces the frequency of conducting tests under subsection (1) or (2) shall

  • (a) notify the Minister of the Environment, in writing, at least 30 days in advance, of that fact;

  • (b) select and record the sampling dates not less than 30 days in advance of collecting the samples of effluent; and

  • (c) collect the sample on the selected day except if, owing to unforeseen circumstances, they cannot sample on that day, in which case, they shall do so as soon as practicable after that day.

Acute Lethality Testing

General

• 14 (1) Subject to section 15, the owner or operator of a mine shall collect, once a month, a grab sample of effluent from each final discharge point and determine whether the effluent is acutely lethal by conducting acute lethality tests on aliquots of each effluent sample in accordance with sections 14.1 to 14.4.

• (2) For the purposes of subsection (1), the owner or operator of a mine

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

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

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

• (3) When collecting a grab sample of effluent for the purposes of subsection (1), the owner or operator of a mine shall

  • (a) collect a sufficient volume of effluent to enable the owner or operator to comply with paragraph 15(1)(a); and

  • (b) record the temperature and the pH of each grab sample of effluent at the time of the sample’s collection.

Acute Lethality Test — Rainbow Trout

14.1 Unless the salinity value of the effluent is greater than ten parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall determine whether the effluent is acutely lethal by conducting an acute lethality test in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/13.

Acute Lethality Test — Threespine Stickleback

14.2 If the salinity value of the effluent is greater than ten parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall determine whether the effluent is acutely lethal by conducting an acute lethality test in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/10.

Acute Lethality Test — Daphnia magna

14.3 Unless the salinity value of the effluent is greater than four parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall, in addition to conducting the acute lethality test set out in section 14.1, determine whether the effluent is acutely lethal by conducting an acute lethality test in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/14.

Acute Lethality Test — Acartia tonsa

14.4 If the salinity value of the effluent is greater than four parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall, in addition to conducting the acute lethality test set out in either section 14.1 or 14.2, determine whether the effluent is acutely lethal by conducting an acute lethality test in accordance with the procedures set out in section 5 or 6 of Reference Method STB 1/RM/60.

Increased Frequency of Acute Lethality Testing

• 15 (1) If an effluent sample is determined to be acutely lethal by an acute lethality test, the owner or operator of a mine shall

  • (a) without delay,

    • (i) conduct the effluent characterization set out in subsection 4(1) of Schedule 5 on the aliquot of each grab sample collected under subsection 14(1),

    • (ii) record the concentration of total ammonia and, using that concentration and using the temperature and pH recorded under paragraph 14(3)(b), determine the concentration of un-ionized ammonia in accordance with the formula set out in subsection 12(4), and

    • (iii) record the concentrations of the deleterious substances prescribed in section 3;

  • (b) collect a grab sample twice a month from the final discharge point from which the effluent sample determined to be acutely lethal was collected, record the temperature and the pH of each sample at the time of its collection and, without delay, conduct the acute lethality test that determined the effluent sample to be acutely lethal on each grab sample in accordance with the procedure set out in section 6 of the applicable reference method and, if the sample is determined to be acutely lethal, without delay,

    • (i) conduct the effluent characterization set out in subsection 4(1) of Schedule 5 on the aliquot of each grab sample,

    • (ii) record the concentration of total ammonia and, using that concentration and using the temperature and pH recorded under this paragraph, determine the concentration of un-ionized ammonia in accordance with the formula set out in subsection 12(4), and

    • (iii) record the concentrations of the deleterious substances prescribed in section 3; 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).

15.1 Despite paragraph 15(1)(c), if an effluent sample is determined to be acutely lethal when tested using the acute lethality test set out in section 14.3, the owner or operator of a mine shall, without delay, collect the first grab sample required by paragraph 15(1)(b) and comply with the requirements of that paragraph.

Reduced Frequency of Acute Lethality Testing

• 16 (1) The owner or operator of a mine may reduce the frequency of conducting an acute lethality test at a final discharge point to once in each calendar quarter if the effluent from that final discharge point is determined not to be acutely lethal by that acute lethality test for 12 consecutive months.

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

• (3) The owner or operator of a mine shall notify the Minister of the Environment in writing at least 30 days before the reduction of the frequency of acute lethality testing.

• (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 by an acute lethality test when the owner or operator of a mine is testing at the frequency prescribed in subsection (1), the owner or operator shall increase the frequency of conducting that test to the frequency prescribed in section 15 and conduct that test in accordance with that section.

• (6) If the location of a final discharge point is changed, the owner or operator of a mine shall, at that final discharge point, increase the frequency of conducting all the acute lethality tests to the frequency prescribed in subsection 14(1) and conduct those tests in accordance with that subsection.

17 [Repealed, SOR/2018-99, s. 15]

Obligation to Record All Test Results

18 The owner or operator of a mine shall record without delay the data referred to in section 9.1 of Reference Method EPS 1/RM/10, section 8.1 of Reference Method EPS 1/RM/13, section 8.1 of Reference Method EPS 1/RM/14 and section 9.1 of Reference Method STB 1/RM/60 for each acute lethality test.

Volume of Effluent

• 19 (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) maintain and calibrate the monitoring system at least once in each year and record the results, as well as the date on which and the manner in which the requirement to maintain and calibrate has been met.

Calculation of Monthly Mean Concentration and Loading

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

  • (a) in mg/L for deleterious substances referred to in paragraphs 3(a) to (g) and (i); and

  • (b) in Bq/L for a deleterious substance referred to in paragraph 3(h).

• (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.

• 20 (1) With respect to the deleterious substances that are contained in the 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 and during which a sample is collected, record the loading

  • (a) in kg for deleterious substances referred to paragraphs 3(a) to (g) and (i); and

  • (b) in MBq for a deleterious substance referred to in paragraph 3(h).

• (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.

Reporting Monitoring Results

• 21 (1) The owner or operator of a mine shall submit to the Minister of the Environment 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 data referred to in section 9.1 of Reference Method EPS 1/RM/10, section 8.1 of Reference Method EPS 1/RM/13 and section 8.1 of Reference Method EPS 1/RM/14 as required by section 18;

  • (a.1) for each acute lethality test that is conducted under section 14.4,

    • (i) the date and time when the effluent sample was collected,

    • (ii) the location of the final discharge point from which the sample was collected, and

    • (iii) the percentage mortality in 100% effluent test concentration;

  • (b) the concentration and monthly mean concentration of each deleterious substance prescribed in section 3 that is contained in the effluent samples collected under subsection 12(1) and the concentrations of such deleterious substances contained in the 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 prescribed in section 3 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.

22 The owner or operator of a mine shall submit to the Minister of the Environment, not later than March 31 in each year, a report that shall include

• (a) the identifying information set out in Part 1 of Schedule 6;

• (b) the effluent monitoring results for the previous calendar year for each final discharge point, including

  • (i) for test results respecting the prescribed deleterious substances and the pH, the information set out in Part 2 of Schedule 6, and

  • (ii) for each acute lethality test,

    • (A) the date when the sample was collected,

    • (B) the location of the final discharge point from which the sample was collected, and

    • (C) the percentage mortality in 100% effluent test concentration; and

• (c) the following information regarding non-compliance:

  • (i) if the results of any effluent monitoring tests indicate that the maximum authorized concentrations set out in Schedule 4 were exceeded or that the pH of the effluent is less than 6.0 or greater than 9.5, the causes of that non-compliance and the remedial measures that are planned or that have been implemented, and

  • (ii) if the results of any acute lethality tests indicate that an effluent sample was determined to be acutely lethal, the remedial measures that are planned or that have been implemented.

23 Any report or information referred to in sections 7, 21 and 22 shall be submitted electronically in the format provided by the Department of the Environment, but the report or information 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 or information electronically in the format provided.

• 24 (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, subsection 14(1) 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) [Repealed, SOR/2018-99, s. 23]

Relief

• 25 (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.

DIVISION 3Notice, Records and Other Documents

End of Commercial Operation Notice

• 26 (1) The owner or operator of a mine shall notify the Minister of the Environment 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 Minister of the Environment in writing without delay if the mine returns to commercial operation.

Records, Books of Account or Other Documents

27 The owner or operator of a mine shall keep all records, books of account or other documents required by these Regulations at the mine for a period of not less than five years, beginning on the day on which they are made, including

• (a) records relating to all final discharge points, including any changes to those records;

• (b) records relating to effluent monitoring equipment, including the calibration of that equipment;

• (c) records relating to the data referred to in section 9.1 of Reference Method EPS 1/RM/10, section 8.1 of Reference Method EPS 1/RM/13, section 8.1 of Reference Method EPS 1/RM/14 and section 9.1 of Reference Method STB 1/RM/60;

• (d) compensation plans;

• (e) emergency response plans, including each update to the plan;

• (f) reports on any unauthorized deposits;

• (g) reports or other documents prepared and data collected for the purposes of environmental effects monitoring studies; and

• (h) records and reports of measurements with respect to the pH, temperature and concentration of any deleterious substance prescribed in section 3.

DIVISION 4Tailings Impoundment Areas

Compensation Plan

• 27.1 (1) The owner or operator of a mine shall, before depositing a deleterious substance into a tailings impoundment area that is set out in Schedule 2, submit to the Minister of the Environment a compensation plan that includes the information described in subsection (2) and obtain that Minister’s approval of the plan.

• (2) The purpose of the compensation plan is to offset the loss of fish habitat resulting from the deposit of any deleterious substance into the tailings impoundment area. It shall contain the following information:

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

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

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

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

  • (e) a description of the 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) the time required to implement the plan that allows for the achievement of the plan’s purpose within a reasonable time; and

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

• (3) The owner or operator of a mine shall submit with the compensation plan an irrevocable letter of credit issued by a recognized Canadian financial institution, or another equivalent financial guarantee, including a performance bond, to cover the costs of implementing the plan.

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

• (5) The owner or operator of a mine shall ensure that the compensation plan approved by the Minister of the Environment is implemented and, if the compensation plan’s purpose is not being achieved, the owner or operator shall inform the Minister of the Environment.

• (6) If the compensation plan’s purpose is not being achieved, the owner or operator of a mine shall, as soon as practicable in the circumstances, identify and implement all necessary remedial measures to ensure that the purpose is achieved.

Deposits from Tailings Impoundment Areas

• 28 (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 3Unauthorized Deposits

29 [Repealed, SOR/2018-99, s. 25]

Emergency Response Plan

• 30 (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 unauthorized deposit 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 unauthorized deposit 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, respond to and recover from a deposit identified under paragraph (a);

  • (c) a list of the individuals who are to implement the plan in the event of an unauthorized deposit, 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).

• (4.1) The owner or operator of a mine shall, each time the emergency response plan is tested, record the following information and keep the record for at least five years:

  • (a) a summary of the test;

  • (b) the test results; and

  • (c) any modifications that are made to the plan as a consequence of the test.

• (4.2) The owner or operator of a mine shall ensure that a copy of the most recent version of the emergency response plan is kept at the mine in a location that is readily available to the individuals who are responsible for implementing the plan.

• (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.

Reporting

31 A report required by subsection 38(7) of the Act in respect of the unauthorized deposit of a deleterious substance shall contain the following information:

• (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 day on which, and hour at which, the deposit occurred;

• (d) the quantity of the deleterious substance that was deposited at a place other than through a final discharge point and the identification of that place, including the location by latitude and longitude and, if applicable, the civic address;

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

• (f) the name of the receiving body of water, if there is a name, and the location by latitude and longitude where the deleterious substance entered the receiving body of water;

• (g) the results of the acute lethality tests conducted under subsection 31.1(1) or a statement indicating that acute lethality tests were not conducted but that notification was given under subsection 31.1(2);

• (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; and

• (i) the measures that were taken, or that are intended to be taken, to prevent any similar occurrence of an unauthorized deposit.

Acute Lethality Testing

• 31.1 (1) If an unauthorized deposit of a deleterious substance occurs, the owner or operator of a mine shall, without delay, collect a grab sample of effluent at the place where the deposit occurred and determine whether the effluent is acutely lethal by conducting tests on aliquots of each effluent sample in accordance with sections 14.1 to 14.4.

• (2) Despite subsection (1), the owner or operator of a mine is not required to conduct those tests if they notify an inspector, without delay, that the deposit is an acutely lethal effluent.

PART 4Recognized Closed Mines

Requirements

• 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.

Identifying Information

• 33 (1) The owner or operator of a recognized closed mine shall submit in writing to the Minister of the Environment 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 Minister of the Environment of any change in the information not later than 60 days after the change occurs.

34 [Repealed, SOR/2018-99, s. 29]

35 [Repealed, SOR/2018-99, s. 29]

36 [Repealed, SOR/2018-99, s. 29]

37 [Repealed, SOR/2018-99, s. 29]

38 [Repealed, SOR/2018-99, s. 29]

39 [Repealed, SOR/2018-99, s. 29]

40 [Repealed, SOR/2018-99, s. 29]

41 [Repealed, SOR/2018-99, s. 29]

42 [Repealed, SOR/2018-99, s. 29]