GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Metal and Diamond Mining Effluent Regulations — (a)
acutely lethal , in respect of an effluent, means that the effluent at 100% concentration kills (a) 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; (b) 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; (c) 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 (d) 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 )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
acutely lethal effluent [Repealed, SOR/2018-99, s. 2]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
authorization officer [Repealed, SOR/2018-99, s. 2]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — (a)
composite sample means (a) 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 (b) 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 )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
Daphnia magna monitoring test [Repealed, SOR/2018-99, s. 2]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
deleterious substance [Repealed, SOR/2018-99, s. 2]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — (a)
effluent means any of the following: (a) 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 (b) any seepage or surface runoff containing any deleterious substance that flows over, through or out of the site of a mine. ( effluent )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
grab sample [Repealed, SOR/2018-99, s. 2]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — (a)
milling means any of the following activities for the purpose of producing a diamond, metal or metal concentrate: (a) the crushing or grinding of ore or kimberlite; (b) the processing of uranium ore or uranium enriched solution; or (c) the processing of tailings. ( préparation du minerai )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
mine under development [Repealed, SOR/2018-99, s. 2]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
operations area [Repealed, SOR/2018-99, s. 2]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
operator means any person who operates, has control or custody of or is in charge of a mine. ( exploitant )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
placer mining means a mining operation that extracts minerals or metals from stream sediments by gravity or magnetic separation. ( exploitation des placers )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
recognized closed mine [Repealed, SOR/2018-99, s. 2]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
reopened mine [Repealed, SOR/2018-99, s. 2]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
surface drainage [Repealed, SOR/2018-99, s. 2]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
tailings impoundment area [Repealed, SOR/2006-239, s. 1]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
total suspended solids [Repealed, SOR/2018-99, s. 2]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
transitional authorization [Repealed, SOR/2018-99, s. 2]
Metal and Diamond Mining Effluent Regulations — Metal and Diamond Mining Effluent Regulations
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 )
Metal and Diamond Mining Effluent Regulations — 2
2 (1) These Regulations apply in respect of the following mines: (a) metal mines that, at any time on or after June 6, 2002, (i) exceed an effluent flow rate of 50 m 3 per day, based on the effluent deposited from all the final discharge points of the mine, and (ii) deposit a deleterious substance in any water or place referred to in subsection 36(3) of the Act; and (b) diamond mines that, at any time on or after June 1, 2018, (i) exceed an effluent flow rate of 50 m 3 per day, based on the effluent deposited from all the final discharge points of the mine, and (ii) deposit a deleterious substance in any water or place referred to in subsection 36(3) of the Act. (2) However, these Regulations do not apply in respect of (a) placer mining; (b) a metal mine that stopped commercial operation before June 6, 2002, unless it returns to commercial operation on or after that date; and (c) a diamond mine that stopped commercial operation before June 1, 2018, unless it returns to commercial operation on or after that date. (3) 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. SOR/2012-22, s. 2; SOR/2018-99, s. 3
Metal and Diamond Mining Effluent Regulations — 3
3 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: (a) arsenic; (b) copper; (c) cyanide; (d) lead; (e) nickel; (f) zinc; (g) suspended solids; (h) radium 226; and (i) un-ionized ammonia. SOR/2018-99, s. 3
Metal and Diamond Mining Effluent Regulations — 4
4 (1) 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 (a) 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 (i) 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 (ii) Table 2 of Schedule 4, in any other case; (b) the pH of the effluent is equal to or greater than 6.0 but is not greater than 9.5; and (c) the effluent is not acutely lethal. (2) The authority in subsection (1) is conditional on the owner or operator complying with sections 6 to 27. SOR/2018-99, s. 3
Metal and Diamond Mining Effluent Regulations — 4.1
4.1 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. SOR/2018-99, s. 4
Metal and Diamond Mining Effluent Regulations — 5
5 (1) 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) a water or place set out in Schedule 2; or (b) 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. (2) The authority in subsection (1) is conditional on the owner or operator complying with sections 7 to 28. (3) For the purposes of this section, any acutely lethal effluent is prescribed as a deleterious substance. SOR/2006-239, s. 2; SOR/2018-99, s. 5
Metal and Diamond Mining Effluent Regulations — 6
6 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.
Metal and Diamond Mining Effluent Regulations — 7
7 (1) 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. (2) 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. (3) 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. SOR/2006-239, s. 3; SOR/2018-99, s. 6
Metal and Diamond Mining Effluent Regulations — 8
8 (1) 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: (a) the mine becomes subject to these Regulations; (b) ownership of the mine is transferred; and (c) the mine returns to commercial operation after it has become a recognized closed mine. (2) The information that shall be submitted is (a) the name and address of both the owner and the operator of the mine; (b) the name and address of any parent company of the owner and the operator; and (c) 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. (3) 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. SOR/2018-99, ss. 7, 36
Metal and Diamond Mining Effluent Regulations — 9
9 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: (a) plans, specifications and a general description of each final discharge point together with its location by latitude and longitude; (b) a description of how each final discharge point is designed and maintained in respect of the deposit of deleterious substances; and (c) the name of the receiving body of water, if there is a name. SOR/2006-239, s. 4; SOR/2018-99, ss. 8, 36
Metal and Diamond Mining Effluent Regulations — 10
10 (1) The owner or operator of a mine shall submit in writing to the Minister of the Environment the information required by section 9, for (a) 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 (b) each new final discharge point, at least 60 days before depositing effluent from that new final discharge point. (2) 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. SOR/2018-99, s. 36
Metal and Diamond Mining Effluent Regulations — 11
11 The owner or operator of a mine shall keep records relating to effluent monitoring equipment that contain (a) a description of the equipment and, if applicable, the manufacturer’s specifications and the year and model number of the equipment; and (b) the results of the calibration tests of the equipment.
Metal and Diamond Mining Effluent Regulations — 12
12 (1) 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) 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 (b) 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). (2) 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. (3) 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. (4) 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: A (1/(1 + 10 pKa-pH )) where A is the concentration of total ammonia — which is the sum of un-ionized ammonia (NH 3 ) and ionized ammonia (NH 4 + ) — expressed in mg/L as nitrogen (N); pH is the pH of the effluent sample; and pKa is a dissociation constant calculated in accordance with the following formula: 0.09018 + 2729.92/T where T is the temperature of the effluent sample in kelvin. SOR/2006-239, s. 5; SOR/2018-99, s. 9
Metal and Diamond Mining Effluent Regulations — 13
13 (1) 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. (2) 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. (3) 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 (a) 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 (b) 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. (4) 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 (a) fails to perform a test required under those subsections in accordance with the prescribed frequency; or (b) fails to submit a report required under subsection 21(1) or section 22 within the prescribed time. (5) 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). (6) The owner or operator of a mine who reduces the frequency of conducting tests under subsection (1) or (2) shall (a) notify the Minister of the Environment, in writing, at least 30 days in advance, of that fact; (b) select and record the sampling dates not less than 30 days in advance of collecting the samples of effluent; and (c) 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. SOR/2006-239, s. 6; SOR/2018-99, s. 9
Metal and Diamond Mining Effluent Regulations — 14
14 (1) 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. (2) For the purposes of subsection (1), the owner or operator of a mine (a) shall select and record the sampling date not less than 30 days in advance of collecting the grab sample; (b) 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 (c) shall collect the grab samples not less than 15 days apart. (3) When collecting a grab sample of effluent for the purposes of subsection (1), the owner or operator of a mine shall (a) collect a sufficient volume of effluent to enable the owner or operator to comply with paragraph 15(1)(a); and (b) record the temperature and the pH of each grab sample of effluent at the time of the sample’s collection. SOR/2006-239, s. 7; SOR/2011-92, s. 4; SOR/2012-22, s. 3; SOR/2018-99, s. 10 SOR/2021-125, s. 2