Metal and Diamond Mining Effluent Regulations — 38
38 (1) 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. (2) 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. (3) 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. (4) 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. (5) 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. (6) 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. (7) 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. (8) 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. (9) 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