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

Regulations are current to 2019-06-20 and last amended on 2018-12-17. Previous Versions

PART 1General (continued)

Application

  •  (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.

  • SOR/2012-22, s. 2
  • SOR/2018-99, s. 3

Prescribed Deleterious Substances

 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:

  • SOR/2018-99, s. 3

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

  •  (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 Schedule 4;

    • (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.

  • SOR/2018-99, s. 3

Authority to Deposit in Tailings Impoundment Areas

  •  (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.

  • SOR/2006-239, s. 2
  • SOR/2018-99, s. 5

PART 2Conditions Governing Authority to Deposit

DIVISION 1General

Prohibition on Diluting Effluent

 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

  •  (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.

  • SOR/2006-239, s. 3
  • SOR/2018-99, s. 6

Identifying Information

  •  (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.

  • SOR/2018-99, ss. 7, 36

Final Discharge Points

 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.

  • SOR/2006-239, s. 4
  • SOR/2018-99, ss. 8, 36
  •  (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.

  • SOR/2018-99, s. 36

Monitoring Equipment Information

 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

  •  (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 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.

  • (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.

  • SOR/2006-239, s. 5
  • SOR/2018-99, s. 9
 
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