Government of Canada / Gouvernement du Canada
Symbol of the Government of Canada

Search

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 2Conditions Governing Authority to Deposit (continued)

DIVISION 2Effluent Monitoring Conditions (continued)

Reporting Monitoring Results (continued)

 Any report or information referred to in sections 7, 21 and 22 shall be submitted electronically in the format provided by the Department of the Environment, but the report or information shall be submitted in writing if

  • (a) no such format has been provided; or

  • (b) it is, owing to circumstances beyond the control of either the owner or the operator, impracticable to submit the report or information electronically in the format provided.

  • SOR/2006-239, s. 11
  • SOR/2018-99, s. 22
  •  (1) The owner or operator of a mine shall notify an inspector without delay if the results of the effluent monitoring tests conducted under section 12 or 13, subsection 14(1) or section 15 or 16 indicate that

    • (a) the limits set out in Schedule 4 are being or have been exceeded;

    • (b) the pH of the effluent is less than 6.0 or greater than 9.5; or

    • (c) an effluent is acutely lethal.

  • (2) The owner or operator shall provide a written report of the test results to the inspector within 30 days after the tests have been completed.

  • (3) [Repealed, SOR/2018-99, s. 23]

  • SOR/2006-239, s. 12
  • SOR/2018-99, s. 23

Relief

  •  (1) Any time period specified for collecting samples of effluent referred to in this Division may be extended if

    • (a) unforeseen circumstances cause safety concerns or access problems and render the collection of samples of effluent impracticable; and

    • (b) the owner or operator of a mine notifies an inspector, without delay, of the circumstances and indicates when they expect to be able to collect the samples.

  • (2) The owner or operator shall collect the samples of effluent without delay when the circumstances permit.

  • SOR/2006-239, s. 13

DIVISION 3Notice, Records and Other Documents

End of Commercial Operation Notice

  •  (1) The owner or operator of a mine shall notify the Minister of the Environment in writing of the day on which the mine has stopped commercial operation not later than 90 days after the end of commercial operation.

  • (2) The owner or operator shall notify the Minister of the Environment in writing without delay if the mine returns to commercial operation.

  • SOR/2018-99, s. 36

Records, Books of Account or Other Documents

 The owner or operator of a mine shall keep all records, books of account or other documents required by these Regulations at the mine for a period of not less than five years, beginning on the day on which they are made, including

  • (a) records relating to all final discharge points, including any changes to those records;

  • (b) records relating to effluent monitoring equipment, including the calibration of that equipment;

  • (c) records relating to the data referred to in section 9.1 of Reference Method EPS 1/RM/10, section 8.1 of Reference Method EPS 1/RM/13 and section 8.1 of Reference Method EPS 1/RM/14;

  • (d) compensation plans;

  • (e) emergency response plans, including each update to the plan;

  • (f) reports on any unauthorized deposits;

  • (g) reports or other documents prepared and data collected for the purposes of environmental effects monitoring studies; and

  • (h) records and reports of measurements with respect to the pH, temperature and concentration of any deleterious substance prescribed in section 3.

  • SOR/2018-99, s. 24

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.

 
Date modified: