Forward Regulatory Plan 2019 to 2021, 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.

These proposed amendments will affect the metal and diamond mining 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 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 Environmental Assessment, Environment and Climate Change Canada will consider conducting joint consultations with the Canadian Environmental Assessment Agency or the relevant provincial or territorial agency conducting the Environmental Assessment. 

Potential impacts on Canadians, including businesses

The Metal and Diamond Mining Effluent Regulations (MDMER) 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 includes 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.

The proponent must demonstrate that the disposal of mine waste in water bodies frequented by fish is the most appropriate option from an environmental, technical, economic and socio-economic perspective.

When a fish-frequented water body is listed in Schedule 2 of the MDMER, section 27.1 requires the development and implementation of 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. The owner or operator of a mine is also required to provide an irrevocable letter of credit to ensure that funds are in place to address 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
Director, Mining and Processing Division
Telephone: 819-938-4398
Fax: 819-420-7381
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 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

The proposed regulations are expected to result in an overall increase to administrative burden and compliance costs. 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

Pre-consultations were held in spring 2017 and in winter 2018 with relevant stakeholders.  In December 2018 and 2019, ECCC held teleconferences providing updates on the development of the regulations to stakeholders. 

The Department is targeting publishing the proposed regulations in the Canada Gazette, Part I, in 2020 for a 60-day public comment period.

Further information

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

ECCC Contact

Aimee Zweig
Director, Mining and Processing Division
Telephone: 819-938-4398
Fax: 819-420-7381
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 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 to these regulations will not change how they function, but reduce the need for future amendments, as well as update references to recently revised Canadian 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 references 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 proposed regulations are targeting publication in the Canada Gazette, Part I, in 2020 for a 60-day public comment period.

Further information

Additional information may be obtained using the contact below.

ECCC Contact

Tanya Bryant
Acting 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

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

A percentage of pulp and paper facilities may need to invest in modern technologies to improve effluent quality. The PPER will include business planning on 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 detailed-consultation document will be provided to interested parties and information sessions on the modernization initiative are planned for spring 2019. 

The Department is targeting publishing the proposed regulations in the Canada Gazette, Part I, in 2020 for a 60-day public comment period.

Further information

The Status Report on the Pulp and Paper Effluent Regulations provides a brief history of the PPER since its inception, an overview of the main regulatory requirements, and a summary of data and information associated with the PPER. 

Further information on the modernization of the PPER can be found within the document entitled Proposed Modernization of the Pulp and Paper Effluent Regulations – Consultation Document published in September 2017. A copy of this document can be obtained by contacting ECCC at ec.refpppper.ec@canada.ca.

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 the risk of potential 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 will allow the Alton Natural Gas Project to move forward. They 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 Alton Natural Gas Storage Project aims to reduce greenhouse gas emissions by expanding the use of natural gas in home heating and electricity generation in Nova Scotia. The project is also 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 are ongoing and will continue throughout the regulatory development process.  A Notice of Intent to regulate was published in February 2019.

The proposed regulations are targeting publication in the Canada Gazette, Part I in the 2019 for a 30-day public comment period, and final regulations in late 2020.

Further information

Additional information may be obtained using the contact below.

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

2019-2021 Forward Regulatory Plan