Forward Regulatory Plan 2021 to 2023, Environment and Climate Change Canada, chapter 3

Enabling Act

Fisheries Act

Description

These amendments will add fish-frequented water bodies to Schedule 2 of the Metal and Diamond Mining Effluent Regulations (MDMER), authorizing these water bodies to be used for the disposal of mine waste.

The regulations set out limits for certain deleterious substances and pH, prohibit the discharge of effluent that is acutely lethal to rainbow trout, and specify the requirements for carrying out effluent sampling, reporting and environmental effects monitoring.

The MDMER also include provisions to authorize the use of water frequented by fish for mine waste disposal. This can only be authorized through an amendment to the MDMER, in which case the water body will be listed in Schedule 2.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

In cases where the documents needed to inform a proposed amendment to Schedule 2 of the MDMER are developed during an Impact Assessment, Environment and Climate Change Canada will consider conducting joint consultations with the Impact Assessment Agency or the relevant provincial or territorial agency conducting an Environmental Assessment.

Potential impacts on Canadians, including businesses

These proposed amendments will affect the metal and diamond mining sector.

In order to use a water body frequented by fish for mine waste disposal, it must be demonstrated that this approach is the most appropriate option from an environmental, technical, economic and socio-economic perspective.

The owner or operator of a mine is required to develop and implement a fish habitat compensation plan to offset the loss of fish habitat that will occur as a result of the use of a fish-frequented water body for mine waste disposal and must also provide an irrevocable letter of credit to ensure that funds are in place to implement all elements of the fish habitat compensation plan.

Consultations

Environment and Climate Change Canada holds consultations with Indigenous groups and interested stakeholders before a proposed amendment to Schedule 2 is published in the Canada Gazette. Timing and further details are to be determined.

Further information

The list of water bodies on Schedule 2 of the Metal and Diamond Mining Effluent Regulations.

Status reports on the performance of metal mines subject to the Metal and Diamond Mining Effluent Regulations.

ECCC contact

Aimee Zweig
Executive Director, Mining and Processing Division
Telephone: 613-220-6896
Email: aimee.zweig@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2014-2016 Forward Regulatory Plan

Enabling Act

Fisheries Act

Description

The amendments will add a requirement for acute lethality testing using an invertebrate species for discharges of saline effluent to marine environments, and incorporate by reference the Biological Test Method: Reference Method for Determining Acute Lethality Using Acartia tonsa (Reference Method STB 1/RM/60).

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

Mine owners/operators discharging effluent with a salinity measuring greater than four parts per thousand to a marine environment will be required to use the Acartia tonsa test method to demonstrate that their effluent is not acutely lethal. The amendments would take effect on December 1, 2021.

Consultations

In 2016 and 2017, consultations with stakeholders and interested parties took place on the 2018 amendments to the MDMER, including the addition of the Acartia tonsa test method. To support the regulatory consultations, the Department developed a consultation document that was shared electronically in late 2016 with other federal departments, provincial and territorial governments, industry, environmental non-governmental groups (ENGOs) and Indigenous groups.

The Department followed up with stakeholders and sent a targeted notification to stakeholders in June 2020 to restate its intent to proceed with the amendment to the MDMER to include a requirement for acute lethality testing for saline effluent being discharged to marine environments using the Acartia tonsa test method. Stakeholders were given 45 days to provide comments. No comments were received.

Further information

The RIAS for the 2018 amendments to the MMER is available at: http://www.gazette.gc.ca/rp-pr/p2/2018/2018-05-30/html/sor-dors99-eng.html

ECCC contact

Aimee Zweig
Executive Director, Mining and Processing Division
Telephone: 613-220-6896
Email: aimee.zweig@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2021-2023 Forward Regulatory Plan

Enabling Act

Fisheries Act

Description

The proposed regulations will include national baseline effluent quality standards for all coal mines and environmental effect monitoring provisions.

The proposed regulations will apply to the coal mining sector, which currently includes mines in British Columbia, Alberta, Saskatchewan and Nova Scotia.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

Existing provincial and U.S. federal and state regulatory regimes are being considered in the regulatory development process.

Potential impacts on Canadians, including businesses

As the proposed regulations are new, it is expected that there will be an increase in administrative and compliance costs for the coal mining sector. There will be an anticipated reduction of threats to fish, fish habitat, and human health from fish consumption by improving the management of harmful substances in coal mine effluent.

Consultations

Four rounds of consultations with industry, provinces, Indigenous groups, ENGOs and other interested parties have taken place on the proposed approach for the regulations between 2017 and 2020. The Department intends to send a letter to stakeholders to provide an update on major changes to the proposal as well as responses to the feedback received on the latest round of consultations. Publication of the regulations in the Canada Gazette, Part I, is targeted in 2021. There will be a 60-day public comment period following publication.

Further information

Comments or requests for copies of documentation may be sent to: ec.ermc-cmrd.ec@canada.ca

ECCC contact

Aimee Zweig
Executive Director, Mining and Processing Division
Telephone: 613-220-6896
Email: aimee.zweig@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2016-2018 Forward Regulatory Plan

Enabling Act

Fisheries Act

Description

Under the Fisheries Act, the federal government may negotiate equivalency agreements with provinces and territories that have regulatory regimes that are equivalent in effect to federal regulations. The agreement establishes conditions under which the federal regulations and portions of the Act would stand down and territorial regulations apply. An Oder in Council is also required to formalize this arrangement.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The objective of this equivalency agreement is to avoid regulatory duplication in circumstances where the territorial regime achieves equal-or-better environmental protection outcomes to the federal regulations.

Potential impacts on Canadians, including businesses

The Agreement and Order are expected to reduce regulatory duplication while still ensuring the same reduction of harmful substances deposited to fish-bearing water from metal and diamond mining.

Consultations

The Department is targeting pre-publication in the Canada Gazette, Part I, in 2021, followed by a 60-day public comment period.

Further information

Comments or requests for copies of documentation may be sent to: james.arnott@canada.ca

ECCC contact

Aimee Zweig
Executive Director, Mining and Processing Division
Telephone: 613-220-6896
Email: aimee.zweig@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2020-2022 Forward Regulatory Plan

Enabling Act

Fisheries Act

Description

The proposed regulations would set national baseline effluent quality standards and environmental effect monitoring provisions for all oil sands mines.

The proposed regulations would apply to the oil sands mining sector, which currently includes 8 mines in Alberta.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The Department is working with the Government of Alberta to align the federal and provincial regulatory approaches, where appropriate.

Potential impacts on Canadians, including businesses

As the proposed regulations are new, it is expected that there will be an increase in administrative and compliance costs for the oil sands mining sector. There will be an anticipated reduction of threats to fish, fish habitat, and human health from fish consumption by improving the management of harmful substances in oil sands mine effluent.

Consultations

The Department is launching a Crown-Indigenous working group to collaboratively develop recommendations for the regulations. The Department is also engaging with the Government of Alberta, industry, and ENGOs.

Publication in the Canada Gazette, Part I, is targeted for winter 2022, followed by a 60-day comment period.

Further information

Comments or requests for copies of documentation may be sent to: james.arnott@canada.ca

ECCC contact

Aimee Zweig
Executive Director, Mining and Processing Division
Telephone: 613-220-6896
Email: aimee.zweig@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2020-2022 Forward Regulatory Plan

Enabling Act

Fisheries Act

Description

Under the Fisheries Act, the federal government must be notified immediately upon the deposit or likely deposit of a deleterious substance out of the normal course of events.

The Deposit Out of the Normal Course of Events Notification Regulations designate, for the regulated community and the public, the contact information of the organization providing 24‑hour emergency telephone service to which notifications are to be made on behalf of the Department of the Environment.

The proposed amendments will not change how the regulations function, but reduce the need for future amendments, as well as update references to recently revised statutes and regulations.

Related to: Regulations Amending the Release and Environmental Emergency Notification Regulations

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

The administrative changes also reflect updates to Transport Canada’s Pollutant Discharge Reporting Regulations, 1995 incorporated as Part 3 in the Pollutant Discharge Reporting – into the new Vessel Pollution and Dangerous Chemicals Regulations under the Canada Shipping Act, 2001, as they are referenced in our Regulations.

Potential impacts on Canadians, including businesses

No impacts on Canadians or business as a result of proposed amendments to the Regulations.

Consultations

The Department is targeting pre-publication in the Canada Gazette, Part I, in 2021 for a 60-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Tanya Bryant
Director, Environmental Emergencies
Telephone: 819-938-4072
Fax: 819-420-7624
Email: tanya.bryant@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2016-2018 Forward Regulatory Plan Update

Enabling Act

Fisheries Act

Description

The proposed amendments will modernize the regulations by updating the effluent quality standards to reflect current industry practices, addressing the technological transformation of the pulp and paper industry, improving the administration of the regulations, and streamlining compliance and administrative requirements.

These amendments will provide greater environmental protection and improve regulatory certainty for the pulp and paper sector.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

Domestically, regular engagement with provincial jurisdictions is ongoing and will continue throughout the modernization initiative.

This initiative is not under any formal international regulatory cooperation work plan.

Potential impacts on Canadians, including businesses

Some pulp and paper facilities may need to invest in modern technologies to improve effluent quality. The PPER will include business planning for technological transformations within the pulp and paper industry and will provide regulatory clarity for businesses to address these transformations. Canadians, including Indigenous peoples will benefit from improved environmental protection.

Consultations

A high-level consultation document was provided to interested parties and information sessions were held on the modernization initiative during fall 2017.

A second consultation document was shared in late 2018. ECCC has suspended consultations on this initiative and the Department does not have a specific target date for resuming consultations or publishing proposed regulations in the Canada Gazette, Part I for public consultations.

Further information

Further information on the PPER modernization can be found in “Modernization of the Pulp and Paper Effluent Regulations detailed proposal for consultation”, which was published in May 2019.

ECCC contact

Caroline Blais
Director, Forest Products and Fisheries Act Division
Telephone: 819-938-4251
Fax: 819-420-7384
Email: caroline.blais@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2017-2019 Forward Regulatory Plan

Enabling Act

Fisheries Act

Description

The proposed regulations will govern the deposit of brine (a solution of salt in water) to the Shubenacadie River from natural gas storage cavern development activities at the Alton Natural Gas Storage Project site in Nova Scotia.

The objective of the regulations is to manage threats to fish, fish habitat and human health from fish consumption by establishing conditions on any releases of brine to the River from the cavern development activities.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

Domestically, efforts are made to align this initiative with work done on other existing Fisheries Act regulations and provincial authorization.

This initiative is not under any formal international regulatory cooperation work plan.

Potential impacts on Canadians, including businesses

The proposed regulations concerning the Alton Natural Gas Project will define the conditions under which brine may be deposited in the Shubenacadie River so that threats to fish, fish habitat and human health from fish consumption are prevented. The project is anticipated to stabilize the price of natural gas by buffering seasonal price fluctuations and creating a strategic reserve.

Consultations

Consultations with Indigenous groups, the public and the Province of Nova Scotia will continue throughout the regulatory development process. A Notice of Intent to regulate was published in February 2019.

The proposed regulations, when developed, will be published in the Canada Gazette, Part I for a 30-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC contact

Caroline Blais
Director, Forest Products and Fisheries Act
Telephone: 819-938-4251
Fax: 819-420-7384
Email: caroline.blais@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2019-2020 Forward Regulatory Plan

Enabling Act

Fisheries Act

Description

The proposal is to amend the regulations to make transitional authorizations that will expire at the end of 2030 or 2040 available for owners of wastewater systems that do not currently have one and are eligible. The proposal will be based on the existing eligibility criteria of the regulations and the existing system of points in Schedule 2, and where applicable, Schedule 3.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.

Departmental regulatory stock review plan

This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.

Regulatory cooperation efforts (domestic and international)

This initiative does not require regulatory cooperation efforts.

Potential impacts on Canadians, including businesses

More than one hundred communities did not apply for a transitional authorization before the deadline of June 2014, even though they would likely have been eligible to receive one. The proposed amendments would allow eligible wastewater systems to apply to receive a transitional authorization with one of the same end dates outlined in the original regulations.

The proposed amendments would also allow eligible wastewater system owners to obtain temporary authorizations for releases that do not occur at the final discharge point. The amended regulations would set clear conditions for authorizing releases from collection systems before allowing upgrades, repair and maintenance of these systems.

Consultations

A Notice of Intent regarding the proposed transitional authorization amendments was published in the Canada Gazette, Part I on June 27, 2020.

Consultations have been initiated and will be ongoing through the fall of 2021. The proposed amendments are anticipated to be published in the Canada Gazette, Part I in summer 2022, for a public comment period.

Further information

Additional information can be found on Consultation on amendments to the Wastewater Systems Effluent Regulations webpage or via email: ec.eaux-usees-wastewater.ec@canada.ca

ECCC contact

Caroline Blais
Director, Forest Products and Fisheries Act
Telephone: 819-938-4251
Fax: 819-420-7384
Email: caroline.blais@canada.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

2020-2022 Forward Regulatory Plan