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 2Conditions Governing Authority to Deposit (continued)

DIVISION 4Tailings Impoundment Areas

Compensation Plan

  •  (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 to cover the plan’s implementation costs, which letter of credit shall be payable upon demand on the declining balance of the implementation costs.

  • (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.

  • SOR/2006-239, s. 14
  • SOR/2018-99, s. 24

Deposits from Tailings Impoundment Areas

  •  (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

 [Repealed, SOR/2018-99, s. 25]

Emergency Response Plan

  •  (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.

  • SOR/2006-239, s. 16
  • SOR/2012-22, s. 6(F)
  • SOR/2018-99, s. 26

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 and 14.2.

  • (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
 
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