Forward Regulatory Plan 2023 to 2025, Environment and Climate Change Canada (ECCC), chapter 3

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 prescribe, for the regulated community and the public, the names and telephone numbers of the organizations providing 24-hour emergency notification service.

The Department has concluded a regulatory review in consultation with the public, provinces, territories and partner departments under the Stock Review Plan. The Department recommends that the notification regulations be amended to address the outdated terms and references, to make the regulations more flexible for easy updates, and to allow for alternative notification formats.

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. Environment and Climate Change Canada completed the regulatory review in December 2022.

The regulatory review was conducted in conjunction with the review of the Release and Environmental Emergency Notification Regulations.

Regulatory cooperation efforts (domestic and international)

The Federal-Provincial/Territorial Environmental Occurrences Notification Agreements were signed and renewed.

Potential impacts on Canadians, including businesses

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

Consultations

Under the Stock Review Plan, the Department consulted with the public, provinces, territories and federal partners in fall 2022.

The Department recommends that the notification regulations be amended and is targeting pre-publication of the amendments in the Canada Gazette, Part I, in spring 2024 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 Division
Telephone: 819-743-5871
Email: tanya.bryant@ec.gc.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 Metal and Diamond Mining Effluent Regulations (MDMER) include provisions to authorize the use of waters frequented by fish for the disposal of mine waste. This can only be authorized through an amendment to the MDMER to list fish-frequented waters to Schedule 2 of the MDMER as “tailings impoundment areas”. The regulations also set out limits for certain deleterious substances and pH, prohibit the discharge of effluent that is acutely lethal to certain freshwater and marine organisms, and specify the requirements for carrying out effluent sampling, reporting and environmental effects monitoring.

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 (ECCC) will consider conducting joint consultations with the relevant agency including the equivalent provincial or territorial organization 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

ECCC holds consultations with Indigenous groups and interested stakeholders before a proposed amendment to Schedule 2 is recommended to the Governor in Council. 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

Nancy Seymour
Manager, Mining Section
Telephone: 613-698-2384
Email: nancy.seymour@ec.gc.ca

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

2014-2016 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 Canadian 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

The Department published a new discussion document in January 2022 and is continuing engagement with interested parties. Publication of the regulations in the Canada Gazette, Part I, is targeted for 2024. There will be a 60-day public comment period following publication.

Further information

Further information is available on the webpage: Proposed Coal Mining Effluent Regulations: overview - Canada.ca.

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

ECCC contact

Lorie Cummings
Manager, Regulatory Development and Analysis Section
Telephone: 613-762-4599
Email: ec.ermc-cmrd.ec@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 Order 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 published the proposed Order in the Canada Gazette, Part I, on January 1, 2022. A 60-day public comment period was held following publication.

Further information

Comments or requests for copies of documentation may be sent to: lorie.cummings@ec.gc.ca.

ECCC contact

Lorie Cummings
Manager, Regulatory Development and Analysis Section
Telephone: 613-762-4599
Email: ec.ermc-cmrd.ec@canada.ca

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

2021-2023 Forward Regulatory Plan

Enabling Act

Fisheries Act

Description

ECCC is exploring options to manage the accumulation of oil sands process-affected water from oil sands operations in the existing tailings ponds. One of the options under consideration is the development of regulations under the Fisheries Act to allow releases of treated effluent to the Athabasca River and its tributaries.

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 eight 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 Government of Canada and Indigenous groups are working together through a Crown-Indigenous Working Group to assess alternatives to the release of oil sands mining effluent and, if regulations are necessary, to ensure these potential regulations are protective of the environment and minimize potential impacts to Indigenous rights. The Department is also engaging with the Government of Alberta, industry, and ENGOs.

Further information

Comments or requests for copies of documentation may be sent to: lorie.cummings@ec.gc.ca.

ECCC contact

Lorie Cummings
Manager, Regulatory Development and Analysis Section
Telephone: 613-762-4599
Email: ec.ermc-cmrd.ec@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 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 and territorial 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

The amendments will result in a reduction of threats to fish, fish habitat, and human health from fish consumption by improving the management of harmful substances in pulp and paper effluents. 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 May 2019. To reduce burden on stakeholders due to the pandemic situation, ECCC suspended consultations. Timing and further details to be determined. The proposed regulations are targeted to be published in the Canada Gazette, Part I, in 2024 at the earliest 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
Email: caroline.blais@ec.gc.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 amendments focus on changes to transitional and temporary bypass provisions of the Regulations to manage releases of untreated, or undertreated wastewater effluent. There are also proposed changes that would address various operational/administrative challenges.

The proposal is to amend the regulations to give a new opportunity for eligible wastewater systems to receive a transitional authorization to the end of 2030 or 2040. The proposal will be based on the current criteria and points system in Schedule 2 and Schedule 3 (if applicable) of the Regulations.

The proposed amendments will also expand the existing temporary bypass authorizations to include planned releases of wastewater from sewer systems. The proposal is to use a tiered approach for all temporary bypasses based on the level of risk to the environment.

Standing Joint Committee on the Scrutiny of Regulations

This initiative does 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)

Regular engagement with provincial jurisdictions is ongoing.

Potential impacts on Canadians, including businesses

Proposed amendments to transitional authorizations provide clarity and regulatory certainty for communities across Canada as well as clear timelines for wastewater upgrades. Proposed amendments to temporary bypass authorizations set requirements for notification of downstream and Indigenous communities and improve transparency on how and when undertreated wastewater releases occur. Over time it is anticipated that this increased oversight on temporary bypasses will reduce the volume of pollutants released into waters across Canada. Administrative and operational amendments will reduce costs to regulatees which include municipalities, federal/provincial governments and private businesses.

Consultations

A Notice of Intent regarding the proposed transitional authorization amendments was published in the Canada Gazette, Part I, on June 27, 2020 and engagement with interested parties was conducted until fall 2021. This engagement was used to develop a policy approach for formal consultation. A discussion paper was published on December 6, 2021 for a 90-day consultation. The proposed amendments were published in the Canada Gazette, Part I, in spring 2023 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: ww-eu@ec.gc.ca.

ECCC contact

Caroline Blais
Director, Forest Products and Fisheries Act Division
Telephone: 819-938-4251
Email: caroline.blais@ec.gc.ca

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

2021-2023 Forward Regulatory Plan