Part IIFinal RegulationPublished: June 10, 2020

Six Geraldton Water Bodies Authorized for Tailings

Regulations Amending the Metal and Diamond Mining Effluent Regulations: SOR/2020-110

The Metal and Diamond Mining Effluent Regulations were amended to add six water bodies near Geraldton, Ontario to Schedule 2, designating them as tailings impoundment areas for the Hardrock Mine. This authorizes Greenstone Gold Mines to deposit mine waste that will remove 5.40 hectares of fish habitat, but requires an approved fish habitat compensation plan to create 20.67 hectares of new habitat and financial security. The regulations came into force on 2020-05-20.

Published
June 10, 2020
Department
Unavailable
Section
Regulations Amending the Metal and Diamond Mining Effluent Regulations
Comment deadline
Unavailable
Effective date
May 20, 2020
Publication part
Part II

Summary

Summary#

The final regulations amend the Metal and Diamond Mining Effluent Regulations to add six water bodies near Geraldton, Ontario to the list of allowed tailings impoundment areas. This lets Greenstone Gold Mines use those waters for mine waste disposal, causing the loss of 5.40 hectares of fish habitat but requiring a compensation plan that would create 20.67 hectares of new habitat. The regulations came into force when registered on May 20, 2020.

What it does#

  • Adds six specific portions of watercourses and a pond near Geraldton, Ontario, to Schedule 2 of the Metal and Diamond Mining Effluent Regulations, designating them as tailings impoundment areas (TIAs).
  • Authorizes the deposit of mine waste into those listed, fish-frequented waters for the Hardrock Mine project operated by Greenstone Gold Mines.
  • States the mine’s waste disposal will directly remove 5.40 hectares of fish habitat (and the project as a whole will affect 6.79 hectares when other works are included).
  • Requires the mine owner to prepare and get approval for a fish habitat compensation plan (FHCP) before using the TIAs. The FHCP proposed would create 20.67 hectares of new habitat.
  • Sets financial safeguards: the proponent must post an irrevocable letter of credit to cover FHCP costs and monitoring.
  • Gives the government a role in inspections and enforcement through Environment and Climate Change Canada and the Department of Fisheries and Oceans.

Additional concrete figures reported in the regulatory analysis:

  • The department said FHCP implementation would cost about $6.8 million (2019 dollars).
  • The proponent’s estimate for the full compensation plan was about $9.50 million, including $7.56 million tied to the Schedule 2 changes and $1.95 million for other Fisheries Act offsets.

Who's affected#

  • Greenstone Gold Mines — the mine owner and operator who will use the designated TIAs.
  • Nearby communities, especially the town of Geraldton and the Municipality of Greenstone, where the Hardrock Mine is located.
  • Local anglers, recreational fishers, and people who rely on fish and aquatic resources in the area.
  • Several Indigenous communities that were consulted and could be affected: Aroland First Nation, Ginoogaming First Nation, Animbiigoo Zaagi’igan Anishinaabek, Long Lake #58 First Nation, the Métis Nation of Ontario, and the Red Sky Independent Métis Nation.
  • Federal departments involved in approvals, monitoring and enforcement: Environment and Climate Change Canada and the Department of Fisheries and Oceans.

If it’s unclear who else might be affected, the document notes local land users, trapline holders, and people who use the area for hunting, plant gathering and cultural practices were considered in consultations.

Why it matters#

  • This is a concrete example of a government decision that allows a mine to put waste into waters used by fish. That has direct consequences for local fish habitat and for people who fish or harvest there.
  • The rule requires compensation: the mine must build and fund new habitat intended to more than replace what is lost. That means a mix of environmental loss and engineered restoration rather than simply refusing the option.
  • The decision affects local and Indigenous users of the land and water. The government’s summary says key Indigenous groups were consulted and generally supportive, but concerns about water quality, fish and traditional uses were raised and factored into the project design.
  • There will be costs to the company (millions of dollars for the compensation plan) and some ongoing government monitoring and enforcement activity, though officials expect those government costs to be low and intermittent.

Key topics

Metal and Diamond Mining Effluent RegulationsMDMERSchedule 2tailings impoundment areaFish habitat compensation planFHCPGreenstone Gold MinesHardrock MineGoldfield CreekWatercourses C, D, G and OGolf Course Pond 3Fisheries ActEnvironment and Climate Change CanadaDepartment of Fisheries and Oceansfish habitat

Source: Canada Gazette

Official source