29. For the purpose of subsection 38(4) of the Act, the person occupying the position set out in column 2 of Schedule 6.1 for the province, set out in column 1, where the mine is located is a prescribed person.

• 30. (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 deposit out of the normal course of events 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 deposit out of the normal course of events 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 and respond to a deposit identified under paragraph (a);

  • (c) a list of the individuals who are to implement the plan in the event of a deposit out of the normal course of events, 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).

• (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.

• 31. (1) Any person required by subsection 38(4) of the Act to report the occurrence of a deposit of a deleterious substance out of the normal course of events shall, if a deposit has occurred, submit a written report to an inspector or the person referred to in section 29 as soon as possible in the circumstances, but at the latest 30 days after the day on which the deposit occurred.

• (2) The written report shall contain

  • (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 quantity of any deleterious substance that was deposited at a place other than through a final discharge point and the identification of that place;

  • (d) the quantity of any deleterious substance that was deposited through a final discharge point and the identification of that discharge point;

  • (e) the name of the receiving body of water, if there is a name and, if not, the location by latitude and longitude, in degrees, minutes and seconds, where the deleterious substance entered the receiving body of water;

  • (f) the results of the acute lethality test conducted under paragraph 14(1)(b);

  • (g) a statement that an acute lethality test was not conducted but that notification was given under subsection 14(1.1), as the case may be; and

  • (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.