Metal and Diamond Mining Effluent Regulations

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.