Metal and Diamond Mining Effluent Regulations (SOR/2002-222)
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Regulations are current to 2021-01-10 and last amended on 2020-06-18. Previous Versions
SCHEDULE 5(Subsections 7(1) and (3) and paragraphs 15(1)(a) and (b) and 32(1)(c))Environmental Effects Monitoring Studies
Interpretation
1 (1) The following definitions apply in this Schedule.
- biological monitoring study
biological monitoring study means a study referred to in section 9. (étude de suivi biologique)
- effect on fish tissue from mercury
effect on fish tissue from mercury means a concentration of total mercury that exceeds 0.5 μg/g wet weight in fish tissue that is taken in an exposure area and that is statistically different from and higher than the concentration of total mercury in fish tissue that is taken in a reference area. (effet du mercure sur les tissus de poissons)
- effect on the benthic invertebrate community
effect on the benthic invertebrate community means a statistical difference between data referred to in subparagraph 12(1)(e)(ii) and paragraph 12(1)(f) from a study respecting the benthic invertebrate community conducted in
- effect on the fish population
effect on the fish population means a statistical difference between data relating to the indicators referred to in subparagraph 12(1)(e)(i) from a study respecting fish population conducted in
- exposure area
exposure area means all fish habitat and waters frequented by fish that are exposed to effluent. (zone exposée)
- 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)
- sampling area
sampling area means the area within an exposure or reference area where representative samples are collected. (zone d’échantillonnage)
(2) For the purpose of this schedule, critical effect size, in relation to an effect indicator set out in column 1 of the following table, means the critical effect size set out in column 2:
Column 1 Column 2 Item Effect Indicator Critical Effect Size For Fish Population (% of reference mean) 1 Total body weight at age ± 25% 2 Gonad weight at total body weight ± 25% 3 Liver weight at total body weight ± 25% 4 Total body weight at length (condition) ± 10% 5 Age ± 25% For Benthic Invertebrate Community (Standard Deviation Units) 6 Density ± 2 SD 7 Simpson’s Evenness Index ± 2 SD 8 Taxa Richness ± 2 SD
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.
Effluent Characterization
4 (1) Effluent characterization is conducted by analyzing a sample of effluent and recording the hardness, alkalinity, electrical conductivity and temperature of the sample and the concentrations, in total values, of the following substances:
(a) aluminum;
(b) cadmium;
(c) iron;
(d) subject to subsection (4), mercury;
(e) molybdenum;
(f) selenium;
(g) nitrate (concentration in units of nitrogen);
(h) chloride;
(i) chromium;
(j) cobalt;
(k) sulphate;
(l) thallium;
(m) uranium;
(n) phosphorus (concentration in units of phosphorus);
(o) manganese; and
(p) ammonia (concentration in units of nitrogen).
(2) The analysis shall comply with the analytical requirements set out in Table 2 of Schedule 3.
(3) The effluent characterization shall be conducted once per calendar quarter on an aliquot of effluent sample collected under sections 12 and 13 of these Regulations from each final discharge point at least one month after the sample on which the previous characterization was conducted.
(4) The recording of the concentration of mercury in effluent referred to in paragraph (1)(d) may be discontinued if that concentration is less than 0.10 µg/L in 12 consecutive samples collected under subsection (3).
(5) Quality assurance and quality control measures shall be implemented that will ensure the accuracy of the effluent characterization data.
Sublethal Toxicity Testing
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:
(a) in the case of a fish species,
(i) Biological Test Method: Test of Larval Growth and Survival Using Fathead Minnows (Report EPS 1/RM/22), published by the Department of the Environment, or
(ii) Biological Test Method: Toxicity Tests Using Early Life Stages of Salmonid Fish (Rainbow Trout) (Reference Method EPS 1/RM/28), published by the Department of the Environment;
(b) in the case of an invertebrate species, Biological Test Method: Test of Reproduction and Survival Using the Cladoceran Ceriodaphnia dubia (Report EPS 1/RM/21), published by the Department of the Environment;
(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
(d) in the case of an algal species,
(i) Biological Test Method: Growth Inhibition Test Using a Freshwater Alga (Report EPS 1/RM/25), published by the Department of the Environment, or
(ii) Détermination de la toxicité : inhibition de la croissance chez l’algue Pseudokirchneriella subcapitata, (Méthode de référence MA 500 – P. sub. 1.0, rév. 3), published by the Centre d’expertise en analyse environnementale du Québec du ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques du Québec.
(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:
(a) Biological Test Method: Fertilization Assay Using Echinoids (Sea Urchins and Sand Dollars) (Report EPS 1/RM/27), published by the Department of the Environment;
(b) Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms (Reference Method EPA/821/R-02/014), published by the U.S. Environmental Protection Agency; and
(c) Short-term Methods for Estimating the Chronic Toxicity of Effluent and Receiving Waters to West Coast Marine and Estuarine Organisms (Reference Method EPA/600/R-95-136), published by the U.S. Environmental Protection Agency.
(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
6 (1) The sublethal toxicity tests shall be conducted on the species referred to in subsections 5(1) and (2) two times each calendar year for three years and each test shall be conducted on an aliquot of effluent sample collected at least one month after the collection of the sample used in the previous tests.
(2) However, if effluent is discharged for 31 consecutive days or less in a calendar year, the tests may be conducted only once in that year.
(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%.
Water Quality Monitoring
7 (1) Water quality monitoring is conducted by
(a) collecting samples of water from
(b) recording the temperature of the water and the dissolved oxygen concentration in the water in the exposure and reference areas where the samples are collected;
(c) recording the concentration of the substances set out in paragraphs 4(1)(a) to (p) and,
(i) in the case of effluent that is deposited into fresh water, recording the pH, hardness, alkalinity and electrical conductivity of the water samples,
(ii) in the case of effluent that is deposited into estuarine waters, recording the pH, hardness, alkalinity, electrical conductivity and salinity of the water samples, and
(iii) in the case of effluent that is deposited into marine waters, recording the salinity of the water samples;
(d) recording the concentration of the deleterious substances prescribed in section 3 of these Regulations, but
(e) implementing quality assurance and quality control measures that will ensure the accuracy of water quality monitoring data.
(2) The water quality monitoring shall be conducted
(a) four times per calendar year and at least one month apart on the samples of water collected, while the mine is depositing effluent, from the areas referred to in subparagraph (1)(a)(i); and
(b) at the same time that the biological monitoring studies are conducted on samples of water collected in the areas referred to in subparagraph (1)(a)(ii).
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:
(a) the dates on which samples were collected for effluent characterization, sublethal toxicity testing and water quality monitoring;
(b) for each sample collected for effluent characterization, the location of the final discharge point from which samples were collected for effluent characterization;
(c) the location of the final discharge point from which samples were collected for sublethal toxicity testing and the data used in selecting the final discharge point in accordance with subsection 5(3);
(d) the latitude and longitude of sampling areas for water quality monitoring and a description that is sufficient to identify the location of the sampling areas;
(e) the results of effluent characterization, sublethal toxicity testing and water quality monitoring;
(f) the methodologies used to conduct effluent characterization and water quality monitoring, and the related method detection limits;
(g) a description of the quality assurance and quality control measures that were implemented and the data related to the implementation of those measures; and
(h) with respect to every effluent sample collected at each final discharge point, the annual mean concentration of mercury and selenium.
PART 2Biological Monitoring Studies
Required Studies
9 (1) Biological monitoring studies shall include
(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
(i) for all effect indicators with no assigned critical effect size, no effect on the fish population, and
(ii) for all effect indicators with an assigned critical effect size, no effect on the fish population or an effect on the fish population the absolute value of the magnitude of which is less than the absolute value of its assigned critical effect size;
(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
(i) for all effect indicators with no assigned critical effect size, no effect on the benthic invertebrate community, and
(ii) for all effect indicators with an assigned critical effect size, no effect on the benthic invertebrate community or an effect on the benthic invertebrate community the absolute value of the magnitude of which is less than the absolute value of its assigned critical effect size;
(c) a study respecting fish tissue mercury, if
(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
(ii) the method detection limit used in respect of mercury for the analysis of at least two of four effluent samples in a calendar year is equal to or greater than 0.10 µg/L;
(d) a study respecting fish tissue selenium, if
(i) effluent characterization reveals a concentration of total selenium in the effluent that is equal to or greater than 10 µg/L,
(ii) effluent characterization reveals an annual mean concentration of total selenium in the effluent that is equal to or greater than 5 µg/L, based on a calendar year, or
(iii) the method detection limit used in respect of selenium for the analysis of any effluent sample is equal to or greater than 10 µg/L, or the method detection limit used in respect of selenium for the analysis of at least two of four effluent samples in a calendar year is equal to or greater than 5 µg/L; and
(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
(i) the results of the previous two biological monitoring studies indicate a similar type of effect, and
(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.
(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.
(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,
(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
(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
(a) a site characterization that includes
(i) a description of the manner in which the effluent mixes within each exposure area, during a period in which there are deposits, including an estimate of the concentration of effluent in the exposure area at 100 m and 250 m from every point at which the effluent enters the area from a final discharge point and — in respect of each calendar year — any supporting data, including raw data, for the estimate,
(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,
(iii) the type of production process used by the mine and the environmental protection practices in place at the mine,
(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
(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
(i) a description of and the scientific rationale for
(A) the fish species selected, taking into account the abundance of the species most exposed to effluent,
(B) the sampling areas selected within the exposure area and the reference area,
(C) the sampling period selected,
(D) the sample size selected, and
(E) the field and laboratory methodologies selected, and
(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
(d) the month in which the samples will be collected for each required biological monitoring study;
(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
(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
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.
(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.
First Interpretative Report
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
(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;
(b) the latitude and longitude of sampling areas and a description of the sampling areas sufficient to identify the location of the sampling areas;
(c) the dates and times when samples were collected;
(d) the sample sizes;
(e) the mean, median, standard deviation, standard error and minimum and maximum values in the sampling areas for
(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,
(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,
(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
(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;
(f) in the case of the study respecting the benthic invertebrate community, a calculation of the similarity index effect indicator;
(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;
(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;
(i) a statistical analysis of the results of the calculations under subparagraphs (e)(i) to (iii) and paragraph (g) that indicates the probability of correctly detecting an effect of a pre-defined size and the degree of confidence that can be placed in the calculations;
(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;
(k) any supporting data, including raw data, for the information provided under paragraphs (e) to (j);
(l) a description of any quality assurance or quality control measures that were implemented and the data related to the implementation of those measures;
(m) based on the information referred to in paragraphs (e) to (k), the identification of
(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;
(o) a summary of the results of effluent characterization, sublethal toxicity testing and water quality monitoring reported under paragraph 8(e) beginning on the day on which the mine becomes subject to section 7 of these Regulations;
(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
(i) the results of any studies referred to in paragraph 10(f),
(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,
(iii) the results of the statistical analysis conducted under paragraphs (h) and (i), and
(iv) the data referred to in paragraph (l);
(q) the month in which the next biological monitoring studies will start, if any biological monitoring studies are required; and
(r) the date when the next interpretative report is required to be submitted or would be required to be submitted but for the application of subsection 16(3).
(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:
(A – B)/B × 100
where
- A
- is
(a) for the purpose of the age indicator, the mean value for the indicator in the exposure area, and
(b) for the purpose of the indicators other than age, the adjusted mean value — obtained using the analysis of covariance (ANCOVA) statistical test method — for the indicator in the exposure area; and
- B
- is
(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:
(A – B)/C
where
- A
- is the mean value for the indicator in the exposure area;
- B
- is the mean value for the indicator in the reference area; and
- C
- is the standard deviation for the indicator in the reference area.
DIVISION 2Subsequent Biological Monitoring Studies
Subsequent Study Designs
13 (1) Each subsequent study design shall be submitted to the Minister of the Environment
(a) at least six months before the start of the biological monitoring studies that are set out in that study design; or
(b) if no biological monitoring studies are required, not later than 12 months after the day on which the previous interpretative report was required to be submitted or would have been required to be submitted but for the application of subsection 16(3).
(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;
(b) the information referred to in paragraphs 10(b) to (e);
(c) a summary of the results of any biological monitoring studies conducted after June 6, 2002;
(d) if the study referred to in paragraph 9(1)(e) is required,
(e) if the cause of an effect on the fish population, on fish tissue from mercury or on the benthic invertebrate community is known, the cause of the effect and any supporting data, including raw data.
Conduct of Subsequent Biological Monitoring Studies
14 (1) Subject to subsection (2), the subsequent biological monitoring studies shall be conducted in accordance with the study design submitted under section 13.
(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.
Content of Subsequent Interpretative Reports
15 Subject to subsection 16(3), each subsequent study design shall be followed by a subsequent interpretative report that includes
(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);
(b) a summary of the results of effluent characterization, sublethal toxicity testing and water quality monitoring reported under paragraph 8(e) after the day on which the previous interpretative report was required to be submitted or would have been required to be submitted but for the application of subsection 16(3); and
(c) if the study design includes the description required under paragraph 13(2)(d),
Submission of Subsequent Interpretative Reports
16 (1) Subject to subsection (2), each subsequent interpretative report shall be submitted to the Minister of the Environment not later than 36 months after the day on which the previous interpretative report was required to be submitted or would have been required to be submitted but for the application of subsection 16(3).
(2) The interpretative report following a resumption of effluent discharge referred to in subsection 17(2) shall be submitted not later than 36 months after the day on which effluent discharge resumes.
(3) An interpretative report is not required in respect of a 36-month period if no biological monitoring studies are required in respect of that period.
Cessation of Discharge
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) The owner or operator shall notify the Minister of the Environment in writing without delay
(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
General
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
(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
(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.
(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
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.
(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.
Content of Final Interpretative Report
20 The final interpretative report shall be submitted to the Minister of the Environment not later than three years after the day on which the notice referred to in paragraph 32(1)(a) of these Regulations is received and shall include the information referred to in paragraphs 15(a) to (c).
- SOR/2006-239, ss. 26 to 33, 34(F)
- SOR/2012-22, ss. 10 to 17
- SOR/2018-99, s. 33
- Date modified: