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

Regulations are current to 2021-09-11 and last amended on 2021-06-10. Previous Versions

PART 3Unauthorized Deposits (continued)

Reporting

 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.

  • SOR/2006-239, s. 17
  • SOR/2011-92, s. 6
  • SOR/2018-99, s. 27

Acute Lethality Testing

  •  (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 14.3.

  • (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.

  • SOR/2018-99, s. 27

PART 4Recognized Closed Mines

Requirements

  •  (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.

  • SOR/2006-239, s. 18
  • SOR/2018-99, ss. 28, 36

Identifying Information

  •  (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.

  • SOR/2018-99, s. 36

 [Repealed, SOR/2018-99, s. 29]

 [Repealed, SOR/2018-99, s. 29]

 [Repealed, SOR/2018-99, s. 29]

 [Repealed, SOR/2018-99, s. 29]

 [Repealed, SOR/2018-99, s. 29]

 [Repealed, SOR/2018-99, s. 29]

 [Repealed, SOR/2018-99, s. 29]

 [Repealed, SOR/2018-99, s. 29]

 [Repealed, SOR/2018-99, s. 29]

 
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