Metal and Diamond Mining Effluent Regulations

Metal and Diamond Mining Effluent Regulations Her Excellency the Governor General in Council, on the recommendation of the Minister of Fisheries and Oceans, pursuant to subsections 34(2), 36(5) and 38(9) of the Fisheries Act, hereby makes the annexed Metal Mining Effluent Regulations. The following definitions apply in these Regulations. Act means the Fisheries Act. (Loi) acute lethality test[Repealed, SOR/2018-99, s. 2] acutely lethal, in respect of an effluent, means that the effluent at 100% concentration kills more than 50% of the rainbow trout subjected to it for a period of 96 hours, when tested in accordance with the acute lethality test set out in section 14.1; more than 50% of the threespine stickleback subjected to it for a period of 96 hours, when tested in accordance with the acute lethality test set out in section 14.2; more than 50% of the Daphnia magna subjected to it for a period of 48 hours, when tested in accordance with the acute lethality test set out in section 14.3; or more than 50% of the Acartia tonsa subjected to it for a period of 48 hours, when tested in accordance with the acute lethality test set out in section 14.4. (létalité aiguë) acutely lethal effluent[Repealed, SOR/2018-99, s. 2] authorization officer[Repealed, SOR/2018-99, s. 2] commercial operation, in respect of a mine, means an average rate of production equal to or greater than 10% of the design-rated capacity of the mine over a period of 90 consecutive days. (exploitation commerciale) composite sample means a quantity of effluent consisting of not less than three equal volumes or three volumes proportionate to flow that have been collected at approximately equal time intervals over a sampling period of not less than seven hours and not more than 24 hours; or a quantity of effluent collected continuously at a constant rate or at a rate proportionate to the rate of flow of the effluent over a sampling period of not less than seven hours and not more than 24 hours. (échantillon composite) Daphnia magna monitoring test[Repealed, SOR/2018-99, s. 2] deleterious substance[Repealed, SOR/2018-99, s. 2] diamond mine means any work or undertaking that is designed or is used, or has been used, in connection with a mining or milling activity to produce a diamond or an ore from which a diamond may be produced. It includes any cleared or disturbed area that is adjacent to such a work or undertaking. (mine de diamants) effluent means any of the following: hydrometallurgical facility effluent, milling facility effluent, mine water effluent, tailings impoundment area effluent, treatment pond effluent or treatment facility effluent other than effluent from a sewage treatment facility; or any seepage or surface runoff containing any deleterious substance that flows over, through or out of the site of a mine. (effluent) final discharge point, in respect of an effluent, means an identifiable discharge point of a mine beyond which the operator of the mine no longer exercises control over the quality of the effluent. (point de rejet final) grab sample[Repealed, SOR/2018-99, s. 2] hydrometallurgical facility effluent means effluent from the acidic leaching, solution concentration and recovery of metals by means of aqueous chemical methods, tailings slurries, and all other effluents deposited from a hydrometallurgical facility. (effluent d’installations d’hydrométallurgie) hydrometallurgy means the production of a metal by means of aqueous chemical methods for acidic leaching, solution concentration and recovery of metals from metal-bearing minerals other than metal-bearing minerals that have been thermally pre-treated or blended with metal-bearing minerals that have been thermally pre-treated. (hydrométallurgie) metal mine means any work or undertaking that is designed or is used, or has been used, in connection with a mining, milling or hydrometallurgical activity to produce a metal or a metal concentrate or an ore from which a metal or a metal concentrate may be produced, as well as any cleared or disturbed area that is adjacent to such a work or undertaking. It includes any work or undertaking, such as a smelter, pelletizing plant, sintering plant, refinery or acid plant, if its effluent is combined with the effluent from a mining, milling or hydrometallurgical activity whose purpose is to produce a metal or a metal concentrate or an ore from which a metal or a metal concentrate may be produced. (mine de métaux) milling means any of the following activities for the purpose of producing a diamond, metal or metal concentrate: the crushing or grinding of ore or kimberlite; the processing of uranium ore or uranium enriched solution; or the processing of tailings. (préparation du minerai) milling facility effluent means tailing slurries, heap leaching effluent, solution mining effluent and all other effluent deposited from a milling facility. (effluent d’installations de préparation du minerai) mine[Repealed, SOR/2018-99, s. 2] mine under development[Repealed, SOR/2018-99, s. 2] mine water effluent means, in respect of mining activities, water that is pumped from or flows out of any underground works, solution chambers or open pits. (effluent d’eau de mine) monthly mean concentration means the average value of the concentrations measured in all composite or grab samples collected from each final discharge point during each month when a deleterious substance is deposited. (concentration moyenne mensuelle) new mine[Repealed, SOR/2018-99, s. 2] operations area[Repealed, SOR/2018-99, s. 2] operator means any person who operates, has control or custody of or is in charge of a mine. (exploitant) placer mining means a mining operation that extracts minerals or metals from stream sediments by gravity or magnetic separation. (exploitation des placers) recognized closed mine[Repealed, SOR/2018-99, s. 2] Reference Method EPS 1/RM/10 means Biological Test Method: Reference Method for Determining Acute Lethality Using Threespine Stickleback, published in December 2017 by the Department of the Environment, as amended from time to time. (méthode de référence SPE 1/RM/10) Reference Method EPS 1/RM/13 means Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Rainbow Trout (Reference Method EPS 1/RM/13), July 1990, published by the Department of the Environment, as amended in December 2000, and as may be further amended from time to time. (méthode de référence SPE 1/RM/13) Reference Method EPS 1/RM/14 means Biological Test Method: Reference Method for Determining Acute Lethality of Effluents to Daphnia magna (Reference Method EPS 1/RM/14), July 1990, published by the Department of the Environment, as amended in December 2000, and as may be further amended from time to time. (méthode de référence SPE 1/RM/14) Reference Method STB 1/RM/60 means Biological Test Method: Reference Method for Determining Acute Lethality Using Acartia tonsa, published in June 2019 by the Department of the Environment, as amended from time to time. (méthode de référence DGST 1/RM/60) reopened mine[Repealed, SOR/2018-99, s. 2] surface drainage[Repealed, SOR/2018-99, s. 2] suspended solids means any solid matter contained in an effluent that is retained on a 1.5 micron pore filter paper when the effluent is tested in compliance with the analytical requirements set out in Table 1 of Schedule 3. (matières en suspension) tailings impoundment area[Repealed, SOR/2006-239, s. 1] total suspended solids[Repealed, SOR/2018-99, s. 2] transitional authorization[Repealed, SOR/2018-99, s. 2] treatment facility effluent means water from a polishing pond, treatment pond, settling pond or water treatment plant or from any mine effluent treatment facility. (effluent d’installations de traitement) Every reference in these Regulations to column 1, 2, 3 or 4 of Schedule 4 shall be read as a reference to column 1, 2, 3 or 4 of Table 1 of Schedule 4, in the case of a mine to which subparagraph 4(1)(a)(i) applies; or a reference to column 1, 2, 3 or 4 of Table 2 of Schedule 4, in the case of a mine to which subparagraph 4(1)(a)(ii) applies. These Regulations apply in respect of the following mines: metal mines that, at any time on or after June 6, 2002, 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 deposit a deleterious substance in any water or place referred to in subsection 36(3) of the Act; and diamond mines that, at any time on or after June 1, 2018, 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 deposit a deleterious substance in any water or place referred to in subsection 36(3) of the Act. However, these Regulations do not apply in respect of placer mining; a metal mine that stopped commercial operation before June 6, 2002, unless it returns to commercial operation on or after that date; and a diamond mine that stopped commercial operation before June 1, 2018, unless it returns to commercial operation on or after that date. 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. 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: arsenic; copper; cyanide; lead; nickel; zinc; suspended solids; radium 226; and un-ionized ammonia. 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 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 Table 1 of Schedule 4, in the case of a mine in respect of which these Regulations apply for the first time on or after June 1, 2021 or in the case of a recognized closed mine that returns to commercial operation on or after June 1, 2021, or Table 2 of Schedule 4, in any other case; the pH of the effluent is equal to or greater than 6.0 but is not greater than 9.5; and the effluent is not acutely lethal. The authority in subsection (1) is conditional on the owner or operator complying with sections 6 to 27. Paragraph 4(1)(c) does not apply in the case where the effluent is determined to be acutely lethal in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/14 when the owner or operator of a mine is testing at the frequency prescribed in subsection 14(1), unless the effluent is determined to be acutely lethal in accordance with any other acute lethality test. 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 water or place set out in Schedule 2; or 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. The authority in subsection (1) is conditional on the owner or operator complying with sections 7 to 28. For the purposes of this section, any acutely lethal effluent is prescribed as a deleterious substance. 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. 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. 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. 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. 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: the mine becomes subject to these Regulations; ownership of the mine is transferred; and the mine returns to commercial operation after it has become a recognized closed mine. The information that shall be submitted is the name and address of both the owner and the operator of the mine; the name and address of any parent company of the owner and the operator; and 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. 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. 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: plans, specifications and a general description of each final discharge point together with its location by latitude and longitude; a description of how each final discharge point is designed and maintained in respect of the deposit of deleterious substances; and the name of the receiving body of water, if there is a name. The owner or operator of a mine shall submit in writing to the Minister of the Environment the information required by section 9, for 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 each new final discharge point, at least 60 days before depositing effluent from that new final discharge point. 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. The owner or operator of a mine shall keep records relating to effluent monitoring equipment that contain a description of the equipment and, if applicable, the manufacturer’s specifications and the year and model number of the equipment; and the results of the calibration tests of the equipment. 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 except un-ionized ammonia; and a grab sample of effluent and record the temperature and the pH of the sample at the time of its collection and record, without delay after collecting the sample, the concentrations of total ammonia expressed as nitrogen (N). 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. 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. The owner or operator of a mine shall determine and record the concentration of un-ionized ammonia, using the temperature, pH and concentration of total ammonia recorded under paragraph (1)(b), in accordance with the following formula: is the concentration of total ammonia — which is the sum of un-ionized ammonia (NH3) and ionized ammonia (NH4+) — expressed in mg/L as nitrogen (N); is the pH of the effluent sample; and is a dissociation constant calculated in accordance with the following formula: is the temperature of the effluent sample in kelvin. The owner or operator of a mine may reduce the frequency of conducting tests relating to the concentrations of arsenic, copper, cyanide, lead, nickel, zinc or un-ionized ammonia at a final discharge point to not less than once in each calendar quarter, each test being conducted at least one month apart, if that substance’s monthly mean concentration at that final discharge point is less than 10% of the value set out in column 2 of Schedule 4 for 12 consecutive months. The owner or operator of a mine, other than an uranium mine, may reduce the frequency of conducting tests relating to the concentration of radium 226 at a final discharge point to not less than once in each calendar quarter, each test being conducted at least one month apart, if the concentration of radium 226 at that final discharge point is less than 0.037 Bq/L for 10 consecutive weeks. The owner or operator of a mine shall increase the frequency of conducting tests relating to the concentration of a deleterious substance at a final discharge point to the frequency prescribed in section 12 in the case of a deleterious substance mentioned in subsection (1), if that substance’s monthly mean concentration at that final discharge point is equal to or greater than 10% of the value set out in column 2 of Schedule 4; and in the case of radium 226, if the concentration of radium 226 at that final discharge point is equal to or greater than 0.037 Bq/L. The owner or operator of a mine shall increase the frequency of conducting tests relating to the concentration of a deleterious substance at all final discharge points to the frequency prescribed in section 12 for all the substances mentioned in subsections (1) and (2) if the owner or operator fails to perform a test required under those subsections in accordance with the prescribed frequency; or fails to submit a report required under subsection 21(1) or section 22 within the prescribed time. If the owner or operator of a mine changes the location of a final discharge point, the owner or operator shall increase the frequency of conducting tests relating to the concentration of a deleterious substance at that final discharge point to the frequency prescribed in section 12 for all the deleterious substances mentioned in subsections (1) and (2). The owner or operator of a mine who reduces the frequency of conducting tests under subsection (1) or (2) shall notify the Minister of the Environment, in writing, at least 30 days in advance, of that fact; select and record the sampling dates not less than 30 days in advance of collecting the samples of effluent; and collect the sample on the selected day except if, owing to unforeseen circumstances, they cannot sample on that day, in which case, they shall do so as soon as practicable after that day. Subject to section 15, the owner or operator of a mine shall collect, once a month, a grab sample of effluent from each final discharge point and determine whether the effluent is acutely lethal by conducting acute lethality tests on aliquots of each effluent sample in accordance with sections 14.1 to 14.4. For the purposes of subsection (1), the owner or operator of a mine shall select and record the sampling date not less than 30 days in advance of collecting the grab sample; shall collect the sample on the selected day except if, owing to unforeseen circumstances, they cannot sample on that day, in which case, they shall do so as soon as practicable after that day; and shall collect the grab samples not less than 15 days apart. When collecting a grab sample of effluent for the purposes of subsection (1), the owner or operator of a mine shall collect a sufficient volume of effluent to enable the owner or operator to comply with paragraph 15(1)(a); and record the temperature and the pH of each grab sample of effluent at the time of the sample’s collection. Unless the salinity value of the effluent is greater than ten parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall determine whether the effluent is acutely lethal by conducting an acute lethality test in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/13. If the salinity value of the effluent is greater than ten parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall determine whether the effluent is acutely lethal by conducting an acute lethality test in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/10. Unless the salinity value of the effluent is greater than four parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall, in addition to conducting the acute lethality test set out in section 14.1, determine whether the effluent is acutely lethal by conducting an acute lethality test in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/14. If the salinity value of the effluent is greater than four parts per thousand and the effluent is deposited into marine waters, the owner or operator of a mine shall, in addition to conducting the acute lethality test set out in either section 14.1 or 14.2, determine whether the effluent is acutely lethal by conducting an acute lethality test in accordance with the procedures set out in section 5 or 6 of Reference Method STB 1/RM/60. If an effluent sample is determined to be acutely lethal by an acute lethality test, the owner or operator of a mine shall without delay, conduct the effluent characterization set out in subsection 4(1) of Schedule 5 on the aliquot of each grab sample collected under subsection 14(1), record the concentration of total ammonia and, using that concentration and using the temperature and pH recorded under paragraph 14(3)(b), determine the concentration of un-ionized ammonia in accordance with the formula set out in subsection 12(4), and record the concentrations of the deleterious substances prescribed in section 3; collect a grab sample twice a month from the final discharge point from which the effluent sample determined to be acutely lethal was collected, record the temperature and the pH of each sample at the time of its collection and, without delay, conduct the acute lethality test that determined the effluent sample to be acutely lethal on each grab sample in accordance with the procedure set out in section 6 of the applicable reference method and, if the sample is determined to be acutely lethal, without delay, conduct the effluent characterization set out in subsection 4(1) of Schedule 5 on the aliquot of each grab sample, record the concentration of total ammonia and, using that concentration and using the temperature and pH recorded under this paragraph, determine the concentration of un-ionized ammonia in accordance with the formula set out in subsection 12(4), and record the concentrations of the deleterious substances prescribed in section 3; and collect the grab samples not less than seven days apart. The owner or operator may resume sampling and testing at the frequency prescribed in section 14 if the effluent is determined not to be acutely lethal in three consecutive tests conducted under paragraph (1)(b). Despite paragraph 15(1)(c), if an effluent sample is determined to be acutely lethal when tested using the acute lethality test set out in section 14.3, the owner or operator of a mine shall, without delay, collect the first grab sample required by paragraph 15(1)(b) and comply with the requirements of that paragraph. The owner or operator of a mine may reduce the frequency of conducting an acute lethality test at a final discharge point to once in each calendar quarter if the effluent from that final discharge point is determined not to be acutely lethal by that acute lethality test for 12 consecutive months. For the purpose of determining whether that effluent is acutely lethal for the 12-month period referred to in subsection (1), the owner or operator of a mine shall use the results of the acute lethality tests conducted under subsection 14(1). The owner or operator of a mine shall notify the Minister of the Environment in writing at least 30 days before the reduction of the frequency of acute lethality testing. The owner or operator who reduces the frequency of conducting acute lethality testing under subsection (1) shall select and record the sampling date not less than 30 days in advance of collecting the grab samples; and collect the grab samples not less than 45 days apart. If a grab sample is determined to be acutely lethal by an acute lethality test when the owner or operator of a mine is testing at the frequency prescribed in subsection (1), the owner or operator shall increase the frequency of conducting that test to the frequency prescribed in section 15 and conduct that test in accordance with that section. If the location of a final discharge point is changed, the owner or operator of a mine shall, at that final discharge point, increase the frequency of conducting all the acute lethality tests to the frequency prescribed in subsection 14(1) and conduct those tests in accordance with that subsection. [Repealed, SOR/2018-99, s. 15] The owner or operator of a mine shall record without delay 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, section 8.1 of Reference Method EPS 1/RM/14 and section 9.1 of Reference Method STB 1/RM/60 for each acute lethality test. The owner or operator of a mine shall record, in cubic metres, the total monthly volume of effluent deposited from each final discharge point for each month during which there was a deposit. The total monthly volume of effluent deposited shall be either determined on the basis of the average of the flow rates, expressed in cubic metres per day, measured and calculated as follows: by measuring the flow rate at the same time as samples are collected under section 12, by calculating the average monthly flow rate by adding the flow rate measurements taken during the month and dividing the total by the number of times the flow rate was measured, and by multiplying the average monthly flow rate by the number of days during the month that effluent was deposited; or determined by using a monitoring system that provides a continuous measure of the volume of effluent deposited. The owner or operator shall measure the flow rate or volume of effluent deposited by using a monitoring system that is accurate to within 15% of measured flow rate or volume; and maintain and calibrate the monitoring system at least once in each year and record the results, as well as the date on which and the manner in which the requirement to maintain and calibrate has been met. With respect to the deleterious substances that are contained in the effluent deposited from each final discharge point, the owner or operator of a mine shall, for each month during which there is a deposit and during which samples are collected, record the monthly mean concentration in mg/L for deleterious substances referred to in paragraphs 3(a) to (g) and (i); and in Bq/L for a deleterious substance referred to in paragraph 3(h). If the analytical result from any test conducted under section 12 or 13 is less than the method detection limit used for that test, the test result shall be considered to be equal to one half of the detection limit used for the purpose of calculating the monthly mean concentration. With respect to the deleterious substances that are contained in the effluent deposited from each final discharge point, the owner or operator of a mine shall, for each month and for each calendar quarter during which there was a deposit and during which a sample is collected, record the loading in kg for deleterious substances referred to paragraphs 3(a) to (g) and (i); and in MBq for a deleterious substance referred to in paragraph 3(h). The owner or operator shall determine the loading for each month using the following formula: is the loading for a month; is the monthly mean concentration of the deleterious substance, recorded under section 19.1; and is the total monthly volume of effluent deposited from each final discharge point, recorded under section 19. The owner or operator shall determine the loading for each calendar quarter using the following formula: is the loading for a calendar quarter; is the mean of the monthly mean concentrations of the deleterious substance for that calendar quarter, recorded under section 19.1; and is the total volume of effluent deposited from each final discharge point during that calendar quarter, based on the sum of the total monthly volumes of effluent deposited from each final discharge point, recorded under section 19. The owner or operator of a mine shall submit to the Minister of the Environment an effluent monitoring report for all tests and monitoring conducted during each calendar quarter not later than 45 days after the end of the quarter. Subject to subsection (3), the effluent monitoring report shall include 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 as required by section 18; for each acute lethality test that is conducted under section 14.4, the date and time when the effluent sample was collected, the location of the final discharge point from which the sample was collected, and the percentage mortality in 100% effluent test concentration; the concentration and monthly mean concentration of each deleterious substance prescribed in section 3 that is contained in the effluent samples collected under subsection 12(1) and the concentrations of such deleterious substances contained in the effluent samples collected under subsection 13(1) or (2); the pH of the effluent samples as required by subsection 12(1); whether a composite or grab sample collection method was used for each effluent sample as required by subsection 12(1); for each month of the calendar quarter, the number of days that effluent was deposited; the total volume of effluent deposited during each month of the reporting quarter as recorded under section 19; the mass loading of the deleterious substances prescribed in section 3 as recorded under section 20; and the results of the effluent characterization conducted under paragraph 15(1)(a). If no effluent is deposited in a calendar quarter, the report shall only include a statement to that effect. The owner or operator of a mine shall submit to the Minister of the Environment, not later than March 31 in each year, a report that shall include the identifying information set out in Part 1 of Schedule 6; the effluent monitoring results for the previous calendar year for each final discharge point, including for test results respecting the prescribed deleterious substances and the pH, the information set out in Part 2 of Schedule 6, and for each acute lethality test, the date when the sample was collected, the percentage mortality in 100% effluent test concentration; and the following information regarding non-compliance: if the results of any effluent monitoring tests indicate that the maximum authorized concentrations set out in Schedule 4 were exceeded or that the pH of the effluent is less than 6.0 or greater than 9.5, the causes of that non-compliance and the remedial measures that are planned or that have been implemented, and if the results of any acute lethality tests indicate that an effluent sample was determined to be acutely lethal, the remedial measures that are planned or that have been implemented. 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 no such format has been provided; or 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. 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 the limits set out in Schedule 4 are being or have been exceeded; the pH of the effluent is less than 6.0 or greater than 9.5; or an effluent is acutely lethal. 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. [Repealed, SOR/2018-99, s. 23] Any time period specified for collecting samples of effluent referred to in this Division may be extended if unforeseen circumstances cause safety concerns or access problems and render the collection of samples of effluent impracticable; and 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. The owner or operator shall collect the samples of effluent without delay when the circumstances permit. 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. The owner or operator shall notify the Minister of the Environment in writing without delay if the mine returns to commercial operation. 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 records relating to all final discharge points, including any changes to those records; records relating to effluent monitoring equipment, including the calibration of that equipment; 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, section 8.1 of Reference Method EPS 1/RM/14 and section 9.1 of Reference Method STB 1/RM/60; compensation plans; emergency response plans, including each update to the plan; reports on any unauthorized deposits; reports or other documents prepared and data collected for the purposes of environmental effects monitoring studies; and records and reports of measurements with respect to the pH, temperature and concentration of any deleterious substance prescribed in section 3. 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. 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 description of the location of the tailings impoundment area and of fish habitat that will be affected by the deposit; a quantitative impact assessment of the deposit on fish habitat; a description of the measures to be taken to offset the loss of fish habitat; 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; a description of the measures to be taken to monitor the plan’s implementation; a description of the measures to be taken to verify the extent to which the plan’s purpose has been achieved; the time required to implement the plan that allows for the achievement of the plan’s purpose within a reasonable time; and an estimate of the cost of implementing each element of the plan. 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. 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). 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. 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. 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. 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. [Repealed, SOR/2018-99, s. 25] 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. The emergency response plan shall include the following elements: 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; a description of the measures to be used to prevent, prepare for, respond to and recover from a deposit identified under paragraph (a); 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; the identification of the emergency response training required for each of the individuals listed under paragraph (c); a list of the emergency response equipment included as part of the plan, and the equipment’s location; and 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). 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. 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). 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 summary of the test; the test results; and any modifications that are made to the plan as a consequence of the test. 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. 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. 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: the name, description and concentration of the deleterious substance deposited; the estimated quantity of the deposit and how the estimate was achieved; the day on which, and hour at which, the deposit occurred; 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; the quantity of the deleterious substance that was deposited through a final discharge point and the identification of that discharge point; 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; 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); 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 the measures that were taken, or that are intended to be taken, to prevent any similar occurrence of an unauthorized deposit. 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 to 14.4. 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. An owner or operator who intends to close a mine shall provide written notice of that intention to the Minister of the Environment; 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 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. 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). The owner or operator shall notify the Minister of the Environment in writing at least 60 days before reopening the recognized closed mine. 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. The owner or operator of a recognized closed 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 the recognized closed mine becomes subject to these Regulations; or ownership of the recognized closed mine is transferred. The information that shall be submitted is the name and address of both the owner and the operator of the recognized closed mine; and any parent company of the owner or the operator. The owner or operator shall notify the Minister of the Environment of any change in the information not later than 60 days after the change occurs. [Repealed, SOR/2018-99, s. 29] Anderson Lake located at 54°51′ north latitude and 100°0′ west longitude near the town of Snow Lake, Manitoba. More precisely, the area bounded by the contour of elevation around Anderson Lake at the 285-m level, and the control dam built at the east end of Anderson Lake. That part of South Kemess Creek being within the watershed of that tributary of South Kemess Creek extending eastwards and upstream from the centre of a tailings dam constructed at 57°1′ north latitude and 126°41′ west longitude, and below the crest of the dam at an elevation of 1515 m. Albino Lake located at 56°39.4′ north latitude and 130°29.4′ west longitude near the Eskay Creek Mine in British Columbia. More precisely, the area bounded by the contour of elevation around Albino Lake at the 1040-m level, and the outlet of Albino Lake. Tom MacKay Lake located at 56°39′ north latitude and 130°34′ west longitude near the Eskay Creek Mine in British Columbia. More precisely, the area bounded by the contour of elevation around Tom MacKay Lake at the 1078-m level, and the outlet of Tom MacKay Lake. Trout Pond located at 48°39′0.81882″ north latitude and 56°29′19.704984″ west longitude in west-central Newfoundland. More precisely, the area bounded by the contour of elevation around Trout Pond at the 270 m level, and the outlet of Trout Pond. The headwater pond of a tributary to Gill’s Pond Brook, located at 48°38′29.599584″ north latitude and 56°30′15.560676″ west longitude in west-central Newfoundland. More precisely, the area bounded by the contour of elevation around the pond at the 260 m level, and the outlet of the pond. That portion of the northwest arm of Second Portage Lake, located at 65°1′39.29″ north latitude and 96°3′43″ west longitude, approximately 80 km north of the town of Baker Lake, Nunavut. More precisely, the area bounded by the contour of elevation around the arm at the 146 m level, and the dam built at the southeast end of the arm. Tail Lake, located at 68°7′25.8″ north latitude and 106°33′31.2″ west longitude, approximately 125 km southwest of the Hamlet of Cambridge Bay, Nunavut. More precisely, the area bounded by the contour of elevation around Tail Lake at the 33.5 m level, and the dams built at the south and north ends of the lake. That portion of Wabush Lake near the towns of Labrador City and Wabush in western Labrador. More precisely, the area bounded by the southern limit, extending from 53° north latitude, 66°50′24″ west longitude to 53° north latitude, 66°52′57″ west longitude, and the outlet of Wabush Lake, extending from 53°09′4.7″ north latitude, 66°47′3.5″ west longitude to 53°08′57.5″ north latitude, 66°47′2.9″ west longitude. Sandy Pond, located at 47°25′33″ north latitude and 53°46′52″ west longitude, on the Avalon Peninsula, approximately 3 km east southeast of the town of Long Harbour-Mount Arlington Heights, Newfoundland and Labrador. More precisely, the area bounded by the contour of elevation around Sandy Pond at the 137 m level, and the dams built at the north end of Sandy Pond. Mallard Lake, located at 56°00′32″ north latitude and 104°16′38″ west longitude, approximately 120 km northeast of the town of La Ronge, Saskatchewan. More precisely, the area bounded by the contour of elevation around Mallard Lake at the 490 m level, and the dam built at the south end of Mallard Lake. Lake Hesse, located at 52°46′21″ north latitude and 67°20′58″ west longitude, approximately 15 km west of the town of Fermont, Quebec. More precisely, the area bounded by the contour of elevation around Lake Hesse at the 620 m level, the dam built at the north end of Lake Hesse, and the control dam built at the south end of Lake Hesse.

An unnamed lake, located at 52°49′43″ north latitude and 67°22′23″ west longitude, approximately 20 km west of the town of Fermont, Quebec, and a portion of its outlet. More precisely, the area bounded by the contour of elevation around the lake at the 660 m level, and the outlet of the lake extending from the mouth of an outlet stream at 52°49′33″ north latitude and 67°22′18″ west longitude for a distance of 30 m downstream from that mouth. An unnamed headwater pond of ruisseau Clet located at 50°15′15.82″ north latitude and 66°33′13.6″ west longitude and covering an area of 2.486 ha, approximately 15 km northwest of the town of Sept-Îles, Quebec, and a 471 m portion of its unnamed tributary extending upstream from the point located at 50°15′18.37″ north latitude and 66°33′24.01″ west longitude to the point located at 50°15′20.27″ north latitude and 66°33′13.51″ west longitude and covering an area of 0.117 ha; and a 76 m portion of its unnamed tributary extending upstream from the point located at 50°15′11.97″ north latitude and 66°33′22.57″ west longitude to the point located at 50°15′12.82″ north latitude and 66°33′20.66″ west longitude and covering an area of 0.033 ha. Two portions of an unnamed creek located approximately 15 km northwest of the town of Sept-Îles, Quebec. More precisely, the west portion of the creek extending for a distance of 253 m from the point located at 50°15′18.78″ north latitude and 66°29′52.43″ west longitude to the point located at 50°15′13.76″ north latitude and 66°29′46.60″ west longitude and covering 0.0585 ha; and the east portion of the creek extending for a distance of 267 m from the point located at 50°15′19.58″ north latitude and 66°29′45.99″ west longitude to the point located at 50°15′14.18″ north latitude and 66°29′45.19″ west longitude and covering 0.0555 ha. A portion of Long Lake, also known as Cell D of the Long Lake Containment Facility, located approximately 310 km northeast of Yellowknife, Northwest Territories. More precisely, the portion of Long Lake located at 64°41′54.00′′ north latitude and 110°40′56.99″ west longitude, covering an area of 279.68 ha and bounded by the dike located at 64°42′39.1′′ north latitude and 110°40′27.5′′ west longitude, and the dike located at 64°41′31.1′′ north latitude and 110°43′19.7′′ west longitude. A portion of Long Lake, also known as Cell E of the Long Lake Containment Facility, located approximately 307 km northeast of Yellowknife, Northwest Territories. More precisely, the portion of Long Lake located at 64°41′21.99′′ north latitude and 110°43′08.98′′ west longitude, covering an area of 144.19 ha and bounded by the dike located at 64°41′31.1′′ north latitude and 110°43′19.7′′ west longitude, and the outlet dam located at 64°40′57.4′′ north latitude and 110°42′05.2′′ west longitude. Relative standard deviation at concentrations 10 times above the MDL. Analyte recovery at concentrations above 10 times the MDL. NOTE: The concentrations for items 1 to 8 are total values. The following definitions apply in this Schedule. biological monitoring study means a study referred to in section 9. (étude de suivi biologique) effect on fish tissue from mercury means a concentration of total mercury that exceeds 0.5 μg/g wet weight in fish tissue that is taken in an exposure area and that is statistically different from and higher than the concentration of total mercury in fish tissue that is taken in a reference area. (effet du mercure sur les tissus de poissons) effect on the benthic invertebrate community means a statistical difference between data referred to in subparagraph 12(1)(e)(ii) and paragraph 12(1)(f) from a study respecting the benthic invertebrate community conducted in an exposure area and a reference area; or sampling areas within an exposure area where there are gradually decreasing effluent concentrations. (effet sur la communauté d’invertébrés benthiques) effect on the fish population means a statistical difference between data relating to the indicators referred to in subparagraph 12(1)(e)(i) from a study respecting fish population conducted in sampling areas within an exposure area where there are gradually decreasing effluent concentrations. (effet sur la population de poissons) exposure area means all fish habitat and waters frequented by fish that are exposed to effluent. (zone exposée) fish has the same meaning as in section 2 of the Act but does not include parts of fish, parts of shellfish, parts of crustaceans or parts of marine animals. (poisson) reference area means water frequented by fish that is not exposed to effluent and that has fish habitat that, as far as practicable, is most similar to that of the exposure area. (zone de référence) sampling area means the area within an exposure or reference area where representative samples are collected. (zone d’échantillonnage) For the purpose of this schedule, critical effect size, in relation to an effect indicator set out in column 1 of the following table, means the critical effect size set out in column 2: Environmental effects monitoring studies consist of the effluent and water quality monitoring studies set out in Part 1 and the biological monitoring studies set out in Part 2. Effluent and water quality monitoring studies consist of effluent characterization, sublethal toxicity testing and water quality monitoring. Effluent characterization is conducted by analyzing a sample of effluent and recording the hardness, alkalinity, electrical conductivity and temperature of the sample and the concentrations, in total values, of the following substances: aluminum; cadmium; iron; subject to subsection (4), mercury; molybdenum; selenium; nitrate (concentration in units of nitrogen); chloride; chromium; cobalt; sulphate; thallium; uranium; phosphorus (concentration in units of phosphorus); and manganese. [Repealed, SOR/2018-99, s. 33] The analysis shall comply with the analytical requirements set out in Table 2 of Schedule 3. The effluent characterization shall be conducted once per calendar quarter on an aliquot of effluent sample collected under sections 12 and 13 of these Regulations from each final discharge point at least one month after the sample on which the previous characterization was conducted. The recording of the concentration of mercury in effluent referred to in paragraph (1)(d) may be discontinued if that concentration is less than 0.10 µg/L in 12 consecutive samples collected under subsection (3). Quality assurance and quality control measures shall be implemented that will ensure the accuracy of the effluent characterization data. Sublethal toxicity testing shall, in the case of effluent deposited into fresh waters, be conducted using the following test methodologies, as amended from time to time: in the case of a fish species, Biological Test Method: Test of Larval Growth and Survival Using Fathead Minnows (Report EPS 1/RM/22), published by the Department of the Environment, or Biological Test Method: Toxicity Tests Using Early Life Stages of Salmonid Fish (Rainbow Trout) (Reference Method EPS 1/RM/28), published by the Department of the Environment; in the case of an invertebrate species, Biological Test Method: Test of Reproduction and Survival Using the Cladoceran Ceriodaphnia dubia (Report EPS 1/RM/21), published by the Department of the Environment; in the case of a plant species, Biological Test Method: Test for Measuring the Inhibition of Growth Using the Freshwater Macrophyte, Lemna minor (Reference Method EPS 1/RM/37), published by the Department of the Environment, as it applies to the biological endpoint based on the number of fronds; and in the case of an algal species, Biological Test Method: Growth Inhibition Test Using a Freshwater Alga (Report EPS 1/RM/25), published by the Department of the Environment, or Détermination de la toxicité : inhibition de la croissance chez l’algue Pseudokirchneriella subcapitata, (Méthode de référence MA 500 – P. sub. 1.0, rév. 3), published by the Centre d’expertise en analyse environnementale du Québec du ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques du Québec. Sublethal toxicity testing shall, in the case of effluent deposited into marine or estuarine waters, be conducted for fish species, invertebrate species and algal species using the following test methodologies, as amended from time to time, as applicable to each species: Biological Test Method: Fertilization Assay Using Echinoids (Sea Urchins and Sand Dollars) (Report EPS 1/RM/27), published by the Department of the Environment; Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms (Reference Method EPA/821/R-02/014), published by the U.S. Environmental Protection Agency; and Short-term Methods for Estimating the Chronic Toxicity of Effluent and Receiving Waters to West Coast Marine and Estuarine Organisms (Reference Method EPA/600/R-95-136), published by the U.S. Environmental Protection Agency. The sublethal toxicity tests shall be conducted on aliquots of the same effluent sample collected for effluent characterization collected from the mine’s final discharge point that has potentially the most adverse environmental impact on the environment, taking into account the loading of the deleterious substances contained in the effluent as determined under subsection 20(2) of these Regulations; and the manner in which the effluent mixes within the exposure area. The sublethal toxicity tests shall be conducted on the species referred to in subsections 5(1) and (2) two times each calendar year for three years and each test shall be conducted on an aliquot of effluent sample collected at least one month after the collection of the sample used in the previous tests. However, if effluent is discharged for 31 consecutive days or less in a calendar year, the tests may be conducted only once in that year. After three years, the tests shall be conducted once per calendar quarter on the species referred to in subsection 5(1) or (2), as the case may be, whose results for all the tests conducted in accordance with subsections (1) and (2) — including such tests conducted in addition to the number required by those subsections — produce the lowest geometric mean, taking into account the inhibition concentration that produces a 25% effect or an effective concentration of 25%. Water quality monitoring is conducted by collecting samples of water from the exposure area surrounding the point of entry of effluent into water from each final discharge point and from the related reference areas, and the sampling areas that are selected under clauses 10(b)(i)(B) and 10(c)(i)(A); recording the temperature of the water and the dissolved oxygen concentration in the water in the exposure and reference areas where the samples are collected; recording the concentration of the substances set out in paragraphs 4(1)(a) to (p) and, in the case of effluent that is deposited into fresh water, recording the pH, hardness, alkalinity and electrical conductivity of the water samples, in the case of effluent that is deposited into estuarine waters, recording the pH, hardness, alkalinity, electrical conductivity and salinity of the water samples, and in the case of effluent that is deposited into marine waters, recording the salinity of the water samples; recording the concentration of the deleterious substances prescribed in section 3 of these Regulations, but not recording the concentrations of cyanide if that substance is not used as a process reagent within the operations area, and not recording the concentrations of radium 226 if the conditions of subsection 13(2) of these Regulations are met; and implementing quality assurance and quality control measures that will ensure the accuracy of water quality monitoring data. The water quality monitoring shall be conducted four times per calendar year and at least one month apart on the samples of water collected, while the mine is depositing effluent, from the areas referred to in subparagraph (1)(a)(i); and at the same time that the biological monitoring studies are conducted on samples of water collected in the areas referred to in subparagraph (1)(a)(ii). The following information in relation to the effluent and water quality monitoring studies conducted during a calendar year under sections 4 to 7 shall be submitted to the Minister of the Environment not later than March 31 of the following year: the dates on which samples were collected for effluent characterization, sublethal toxicity testing and water quality monitoring; for each sample collected for effluent characterization, the location of the final discharge point from which samples were collected for effluent characterization; the location of the final discharge point from which samples were collected for sublethal toxicity testing and the data used in selecting the final discharge point in accordance with subsection 5(3); the latitude and longitude of sampling areas for water quality monitoring and a description that is sufficient to identify the location of the sampling areas; the results of effluent characterization, sublethal toxicity testing and water quality monitoring; the methodologies used to conduct effluent characterization and water quality monitoring, and the related method detection limits; a description of the quality assurance and quality control measures that were implemented and the data related to the implementation of those measures; and with respect to every effluent sample collected at each final discharge point, the annual mean concentration of mercury and selenium. Biological monitoring studies shall include a study respecting fish population, if the highest concentration of effluent in the exposure area, during a period in which there are deposits, is greater than 1% at any location that is 250 m from a point at which the effluent enters the area from a final discharge point, unless the results of the previous two biological monitoring studies indicate for all effect indicators with no assigned critical effect size, no effect on the fish population, and for all effect indicators with an assigned critical effect size, no effect on the fish population or an effect on the fish population the absolute value of the magnitude of which is less than the absolute value of its assigned critical effect size; a study respecting the benthic invertebrate community, if the highest concentration of effluent in the exposure area, during a period in which there are deposits, is greater than 1% at any location that is 100 m from a point at which the effluent enters the area from a final discharge point, unless the results of the previous two biological monitoring studies indicate for all effect indicators with no assigned critical effect size, no effect on the benthic invertebrate community, and for all effect indicators with an assigned critical effect size, no effect on the benthic invertebrate community or an effect on the benthic invertebrate community the absolute value of the magnitude of which is less than the absolute value of its assigned critical effect size; a study respecting fish tissue mercury, if effluent characterization reveals an annual mean concentration of total mercury in the effluent that is equal to or greater than 0.10 µg/L, based on a calendar year, unless the results of the previous two biological monitoring studies indicate no effect on fish tissue from mercury, or the method detection limit used in respect of mercury for the analysis of at least two of four effluent samples in a calendar year is equal to or greater than 0.10 µg/L; a study respecting fish tissue selenium, if effluent characterization reveals a concentration of total selenium in the effluent that is equal to or greater than 10 µg/L, effluent characterization reveals an annual mean concentration of total selenium in the effluent that is equal to or greater than 5 µg/L, based on a calendar year, or the method detection limit used in respect of selenium for the analysis of any effluent sample is equal to or greater than 10 µg/L, or the method detection limit used in respect of selenium for the analysis of at least two of four effluent samples in a calendar year is equal to or greater than 5 µg/L; and if the cause of any effect on the fish population, on fish tissue from mercury or on the benthic invertebrate community is not known, a study that will be used to determine the cause of the effect if the results of the previous two biological monitoring studies indicate a similar type of effect, and for an effect indicator with an assigned critical effect size, the absolute value of the magnitude of the effect is equal to or greater than the absolute value of its critical effect size in either of those studies. If the results of the previous two biological monitoring studies are used to lift the requirement to conduct a study under any of paragraphs (1)(a), (b), (c) or (e), the earlier of those two studies shall not be used to lift a requirement to conduct a subsequent study. For the purposes of subsection (1), the concentration of effluent shall be determined or the effluent characterization shall be carried out, as the case may be, in the case of the first biological monitoring studies, beginning on the day on which the mine becomes subject to section 7 of these Regulations and ending on the day before the day on which the first study design is required to be submitted; and for any subsequent biological monitoring studies, beginning on the day on which the previous study design was required to be submitted and ending on the day before the day on which the subsequent study design is required to be submitted. A first study design shall be submitted to the Minister of the Environment not later than 12 months after the day on which a mine becomes subject to section 7 of these Regulations. It shall contain a site characterization that includes a description of the manner in which the effluent mixes within each exposure area, during a period in which there are deposits, including an estimate of the concentration of effluent in the exposure area at 100 m and 250 m from every point at which the effluent enters the area from a final discharge point and — in respect of each calendar year — any supporting data, including raw data, for the estimate, a description of the exposure and reference areas where the biological monitoring studies would be conducted — whether or not they are required — that includes information on the geological, hydrological, oceanographical, limnological, chemical and biological features of those areas, the type of production process used by the mine and the environmental protection practices in place at the mine, a description of any anthropogenic, natural or other factors that are not related to the effluent but that may reasonably be expected to affect the results of any biological monitoring study, whether or not it is required, and any additional information that would enable a determination as to whether studies would be conducted in accordance with generally accepted standards of good scientific practice; a description of how any required study respecting fish population, fish tissue mercury and fish tissue selenium will be conducted that includes a description of and the scientific rationale for the fish species selected, taking into account the abundance of the species most exposed to effluent, the sampling areas selected within the exposure area and the reference area, the sampling period selected, the sample size selected, and the field and laboratory methodologies selected, and an explanation as to how, in the case of the study respecting fish population or fish tissue mercury, the study will provide the information necessary to determine if the effluent has an effect on fish population or on fish tissue from mercury; a description of how any required study respecting the benthic invertebrate community will be conducted that includes the sampling areas selected, taking into account the benthic invertebrate diversity and the area most exposed to effluent, an explanation as to how the study will provide the information necessary to determine if the effluent has an effect on the benthic invertebrate community; the month in which the samples will be collected for each required biological monitoring study; a description of the quality assurance and quality control measures that will be implemented for each required biological monitoring study to ensure the validity of the data that is collected; and a summary of the results of any studies to determine whether the effluent was causing an effect on the fish population, fish tissue from mercury or the benthic invertebrate community and of any studies in the exposure and reference areas respecting fish tissue selenium completed before the mine becomes subject to section 7 of these Regulations and any scientific data to support the results. Subject to subsection (2), the first biological monitoring studies shall start not earlier than six months after the day on which the first study design is submitted under section 10, and shall be conducted in accordance with that study design. If the owner or operator is unable to follow the study design due to circumstances beyond their control, the owner or operator shall inform the Minister of the Environment without delay of those circumstances and of the changes that are made to the study. A first interpretative report shall be submitted to the Minister of the Environment not later than 36 months after the day on which the mine becomes subject to section 7 of these Regulations. It shall contain a description of any deviation from the study design that occurred while the biological monitoring studies were being conducted and any impact that the deviation had on the studies; the latitude and longitude of sampling areas and a description of the sampling areas sufficient to identify the location of the sampling areas; the dates and times when samples were collected; the sample sizes; the mean, median, standard deviation, standard error and minimum and maximum values in the sampling areas for in the case of the study respecting fish population, effect indicators of growth, reproduction, condition and survival that include, if practicable, the length, total body weight and age of the fish, the weight of its liver or hepatopancreas and, if the fish are sexually mature, the egg weight, fecundity and gonad weight of the fish, in the case of the study respecting the benthic invertebrate community, effect indicators of the total benthic invertebrate density, evenness index, taxa richness and, if the study is conducted in an area where it is possible to sample sediment, total organic carbon content of sediment and particle size distribution of sediment, in the case of the study respecting fish tissue mercury, the effect indicator of the concentration of total mercury (wet weight) in the fish tissue, and in the case of the study respecting fish tissue selenium, the concentration — in the muscle or whole body and, if practicable, in the ovaries or eggs — of total selenium (dry weight) reported in µg/g and the percentage of the moisture content of the sample; in the case of the study respecting the benthic invertebrate community, a calculation of the similarity index effect indicator; an identification of the sex of the fish sampled and of the presence of any lesions, tumours, parasites or other abnormalities and, in the case of the study respecting fish tissue selenium, the type of fish tissue studied and the scientific rationale for the selection of that tissue; a determination as to whether there is a statistically significant difference between the sampling areas for the calculations under subparagraphs (e)(i) to (iii) and paragraph (f) taking into consideration the information identified under paragraph (g), with the statistical comparison made separately and independently for each effect indicator; a statistical analysis of the results of the calculations under subparagraphs (e)(i) to (iii) and paragraph (g) that indicates the probability of correctly detecting an effect of a pre-defined size and the degree of confidence that can be placed in the calculations; for an effect indicator referred to in paragraph (e) with an assigned critical effect size, a comparison of the magnitude of the effect — calculated in accordance with subsection (2) or (3), as the case may be — to its critical effect size; any supporting data, including raw data, for the information provided under paragraphs (e) to (j); a description of any quality assurance or quality control measures that were implemented and the data related to the implementation of those measures; based on the information referred to in paragraphs (e) to (k), the identification of any effect on the fish population, any effect on the benthic invertebrate community, and any effect on fish tissue from mercury; for an effect indicator with an assigned critical effect size, a statement as to whether the absolute value of the magnitude of the effect is equal to or greater than the absolute value of its critical effect size; a summary of the results of effluent characterization, sublethal toxicity testing and water quality monitoring reported under paragraph 8(e) beginning on the day on which the mine becomes subject to section 7 of these Regulations; the conclusions of the biological monitoring studies, and a description of how those conclusions will impact the study design for subsequent biological monitoring studies, taking into account the results of any studies referred to in paragraph 10(f), the presence of anthropogenic, natural or other factors that are not related to the effluent under study and that may reasonably be expected to contribute to any observed effect, the results of the statistical analysis conducted under paragraphs (h) and (i), and the data referred to in paragraph (l); the month in which the next biological monitoring studies will start, if any biological monitoring studies are required; and the date when the next interpretative report is required to be submitted or would be required to be submitted but for the application of subsection 16(3). For the purpose of the study respecting fish population, the magnitude of the effect for an effect indicator is to be calculated using the following formula: is (a)for the purpose of the age indicator, the mean value for the indicator in the exposure area, and for the purpose of the age indicator, the mean value for the indicator in the exposure area, and (b)for the purpose of the indicators other than age, the adjusted mean value — obtained using the analysis of covariance (ANCOVA) statistical test method — for the indicator in the exposure area; and for the purpose of the indicators other than age, the adjusted mean value — obtained using the analysis of covariance (ANCOVA) statistical test method — for the indicator in the exposure area; and (a)for the purpose of the age indicator, the mean value for the indicator in the reference area, and for the purpose of the age indicator, the mean value for the indicator in the reference area, and (b)for the purpose of the indicators other than age, the adjusted mean value — obtained using the analysis of covariance (ANCOVA) statistical test method — for the indicator in the reference area. for the purpose of the indicators other than age, the adjusted mean value — obtained using the analysis of covariance (ANCOVA) statistical test method — for the indicator in the reference area. For the purposes of the study respecting the benthic invertebrate community, the magnitude of the effect for an effect indicator is to be calculated using the following formula: is the mean value for the indicator in the exposure area; is the mean value for the indicator in the reference area; and is the standard deviation for the indicator in the reference area. Each subsequent study design shall be submitted to the Minister of the Environment at least six months before the start of the biological monitoring studies that are set out in that study design; or if no biological monitoring studies are required, not later than 12 months after the day on which the previous interpretative report was required to be submitted or would have been required to be submitted but for the application of subsection 16(3). Each subsequent study design shall include a summary of the information referred to in paragraph 10(a) and a description of any changes to that information since the submission of the most recent study design, as well as — in respect of each calendar year — any supporting data, including raw data, for the estimate referred to in subparagraph 10(a)(i), whether or not the estimate has changed; the information referred to in paragraphs 10(b) to (e); a summary of the results of any biological monitoring studies conducted after June 6, 2002; if the study referred to in paragraph 9(1)(e) is required, the month in which the study will start, and a description of how the study will be conducted that includes any field and laboratory methodologies that will be used to determine the cause of the effect; and if the cause of an effect on the fish population, on fish tissue from mercury or on the benthic invertebrate community is known, the cause of the effect and any supporting data, including raw data. Subject to subsection (2), the subsequent biological monitoring studies shall be conducted in accordance with the study design submitted under section 13. If the owner or operator is unable to follow the study design due to circumstances beyond their control, the owner or operator shall inform the Minister of the Environment without delay of those circumstances and the changes that are made to the study. Subject to subsection 16(3), each subsequent study design shall be followed by a subsequent interpretative report that includes for a study referred to in paragraphs 9(1)(a) to (d), the information referred to in paragraphs 12(1)(a) to (n) and (p) to (r); a summary of the results of effluent characterization, sublethal toxicity testing and water quality monitoring reported under paragraph 8(e) after the day on which the previous interpretative report was required to be submitted or would have been required to be submitted but for the application of subsection 16(3); and if the study design includes the description required under paragraph 13(2)(d), the cause of the effect, if determined, and any supporting data, including raw data, or if the cause of the effect was not determined, an explanation of why and a description of any steps that need to be taken in the next study to determine that cause. Subject to subsection (2), each subsequent interpretative report shall be submitted to the Minister of the Environment not later than 36 months after the day on which the previous interpretative report was required to be submitted or would have been required to be submitted but for the application of subsection 16(3). The interpretative report following a resumption of effluent discharge referred to in subsection 17(2) shall be submitted not later than 36 months after the day on which effluent discharge resumes. An interpretative report is not required in respect of a 36-month period if no biological monitoring studies are required in respect of that period. The owner or operator of a mine that has ceased discharging effluent for a period of at least 36 months is not required to conduct environmental effects monitoring studies so long as the period of cessation continues. The requirement to conduct environmental effects monitoring studies shall resume, as the case may be, on the day on which effluent discharge resumes; or the day on which a notice referred to in paragraph 32(1)(a) of these Regulations is received by the Minister of the Environment. The owner or operator shall notify the Minister of the Environment in writing without delay when the period of cessation begins; and when the mine resumes effluent discharge. Any biological monitoring study that began before the end of the 36-month period shall be completed and followed by an interpretative report in accordance with section 15. If an owner or operator of a mine has provided a notice referred to in paragraph 32(1)(a) of these Regulations to the Minister of the Environment, the owner or operator shall if the notice is received before biological monitoring studies have started, conduct the biological monitoring studies and submit any interpretative report that is required in respect of those studies; and if the notice is received after biological monitoring studies have started, in addition to submitting any interpretative report that is required in respect of those studies, submit a final study design in accordance with subsection (2), conduct final biological monitoring studies in accordance with section 19 and submit a final interpretative report in accordance with section 20. The final study design shall be submitted to the Minister of the Environment not later than six months after the day on which the notice referred to in paragraph 32(1)(a) of these Regulations is received. It shall include the information required under subsection 13(2). Subject to subsection (2), the final biological monitoring studies shall be conducted in accordance with the study design submitted under subsection 18(2) not earlier than six months after the day on which the final study design has been submitted. The final interpretative report shall be submitted to the Minister of the Environment not later than three years after the day on which the notice referred to in paragraph 32(1)(a) of these Regulations is received and shall include the information referred to in paragraphs 15(a) to (c). Name of the mine Address of the mine Name of the operator of the mine Operator’s telephone number and e-mail address, if any Reporting period Date of report Complete the following table with the monthly mean concentration for the deleterious substances set out in the table for each final discharge point and identify the location of the final discharge point. Any measurement not taken because there was no deposit from the final discharge point shall be identified by the letters “NDEP” (No Deposit). Any measurement not taken because no measurement was required in accordance with the conditions set out in section 12 or 13 of these Regulations shall be identified by the letters “NMR” (No Measurement Required). As (mg/L) Cu CN Pb Ni Zn SS Ra 226 (Bq/L) Un-ionized ammonia (mg/L, expressed as Nitrogen (N)) Lowest pH Highest Effluent Volume (m3) Despite subsection 8(1) of the Metal and Diamond Mining Effluent Regulations, the owner or operator of a mine that is subject to those Regulations on the day on which this section comes into force shall submit in writing to the Minister of the Environment the information referred to in paragraph 8(2)(c) of those Regulations not later than 60 days after the day on which this section comes into force. During the 12‑month period beginning on the day on which this section comes into force, despite subsection 16(2) of the Metal and Diamond Mining Effluent Regulations, the owner or operator of a diamond mine may, for the purposes of determining whether effluent is acutely lethal for the 12‑month period referred to in subsection 16(1) of those Regulations, use acute lethality data that was collected during any period of 12 consecutive months before the day on which this section comes into force, if the owner or operator submits a report to the Minister of the Environment that indicates that the tests to determine acute lethality have been conducted in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/10 or section 5 or 6 of Reference Method EPS 1/RM/13; the data relates to effluent generated after the start of commercial operation by the mine; and the data was collected not more than 36 months before the day on which this section comes into force. During the 12‑month period beginning on the day on which section 14.3 of the Metal and Diamond Mining Effluent Regulations comes into force, despite subsection 16(2) of those Regulations, the owner or operator of a metal mine or diamond mine may, for the purposes of determining whether effluent is acutely lethal for the 12‑month period referred to in subsection 16(1) of those Regulations, use acute lethality data that was collected during any period of 12 consecutive months before the day on which that section 14.3 comes into force, if the owner or operator submits a report to the Minister of the Environment that indicates that the tests to determine acute lethality have been conducted in accordance with the procedures set out in section 5 or 6 of Reference Method EPS 1/RM/14; the data was collected not more than 36 months before the day on which that section 14.3 comes into force. Despite section 10 of Schedule 5 to the Metal and Diamond Mining Effluent Regulations, the first study design of a diamond mine that is subject to those Regulations on June 1, 2018 may be submitted not later than the earlier of June 1, 2021 and the day on which a document that is equivalent to a study design is required to be submitted under provincial or territorial laws. In the case of a diamond mine in respect of which the first study design is submitted under subsection (1), the period referred to in subsection 11(1) of Schedule 5 to the Metal and Diamond Mining Effluent Regulations does not apply. In the case of a diamond mine that is subject to the Metal and Diamond Mining Effluent Regulations on June 1, 2018, the results of any studies conducted before the day on which the first study design is submitted may be used for the purpose of determining which biological monitoring studies are required to be conducted under section 9 of Schedule 5 to those Regulations if those results can be used for the purpose of meeting the requirements of section 12 of that Schedule. However, only information gathered — for the purpose of meeting the requirements of provincial or territorial laws — during the three-year period before the day on which the first study design is submitted may be used to determine the concentration of effluent, mercury and selenium for the application of subsections 9(1) and (2) of Schedule 5 to the Metal and Diamond Mining Effluent Regulations. If that information is used, paragraph 9(3)(a) of that Schedule does not apply. If the results of studies referred to in subsection (3) and the information referred to in subsection (4) are used in accordance with those subsections, the first study design shall include, in addition to the information referred to in section 10 of Schedule 5 to the Metal and Diamond Mining Effluent Regulations, the information referred to in paragraph 13(2)(d) or (e), as the case may be, of that Schedule, copies of and a summary of the results of the studies and an explanation — that includes supporting information — as to how the results and information can be used for the purposes of meeting the requirements of sections 9 and 12 of that Schedule. In the case of a diamond mine that is subject to the Metal and Diamond Mining Effluent Regulations on June 1, 2018, the effluent and water quality monitoring studies set out in Part 1 of Schedule 5 to those Regulations shall be started on the day on which the first study design is submitted. In the case of a diamond mine that is subject to the Metal and Diamond Mining Effluent Regulations on June 1, 2018, the results of sublethal toxicity tests conducted — for the purpose of meeting the requirements of provincial or territorial laws — during the three-year period before the day on which the first study design is submitted may be used for the application of subsection 6(3) of Schedule 5 to those Regulations, as if three years had elapsed, if those tests meet the requirements of subsection 5(1) of that Schedule. If those results are used, subsections 6(1) and (2) of that Schedule do not apply. If the results of sublethal toxicity tests are used in accordance with subsection (7), the information referred to in paragraphs 8(a), (c), (e) and (g) of Schedule 5 to the Metal and Diamond Mining Effluent Regulations, in relation to those tests, shall be submitted to the Minister of the Environment not later than the day on which the first study design is submitted and shall be accompanied by a summary of the results of the tests and an explanation — that includes supporting information — as to how the results can be used for the purposes of meeting the requirements of subsection 5(1) of that Schedule. In the case of a diamond mine that is subject to the Metal and Diamond Mining Effluent Regulations on June 1, 2018, the first interpretative report shall, despite subsection 12(1) of Schedule 5 to those Regulations, be submitted not later than 24 months after the day on which the first study design is submitted and shall contain, in addition to the information referred to in section 12 of that Schedule, the information referred to in paragraph 15(c) of that Schedule. In the case of a metal mine that is subject to the Metal and Diamond Mining Effluent Regulations on June 1, 2018, sections 4 to 8 of Schedule 5 to those Regulations apply beginning on January 1, 2019 and, until that day, the Metal Mining Effluent Regulations, as they read immediately before June 1, 2018, continue to apply to the matters referred to in those sections; subsections 6(1) and (2) of Schedule 5 to those Regulations do not apply and the results of sublethal toxicity tests conducted under the Metal Mining Effluent Regulations during the three-year period before January 1, 2019 shall be used for the application of subsection 6(3) of that Schedule, as if three years had elapsed; and biological monitoring studies started on or before June 1, 2018 shall be completed, and the corresponding interpretative report shall be submitted, in accordance with the Metal Mining Effluent Regulations, as they read immediately before June 1, 2018.