Part IIFinal RegulationVolume 159, Number 7Published: March 26, 2025

Macassa Mine: Two Streams Added as TIAs

Regulations Amending the Metal and Diamond Mining Effluent Regulations: SOR/2025-72

Two unnamed tributaries near Kirkland Lake, Ontario, were added to Schedule 2 of the Metal and Diamond Mining Effluent Regulations, allowing Agnico Eagle’s Macassa mine to use them as tailings impoundment areas for a North Tailings Storage Facility expansion. The change authorizes the loss of 0.46 ha of fish habitat but requires an approved fish habitat compensation plan to create 0.89 ha of habitat and a financial security (estimated $1.37 million) before any tailings are deposited.

Published
March 26, 2025
Department
Unavailable
Section
Regulations Amending the Metal and Diamond Mining Effluent Regulations
Comment deadline
July 29, 2023
Effective date
March 6, 2025
Publication part
Part II

Summary

Summary#

These final regulations add two small, unnamed streams near Kirkland Lake, Ontario, to Schedule 2 of the Metal and Diamond Mining Effluent Regulations. That change lets Agnico Eagle Mines Limited use those streams as tailings impoundment areas for the Macassa mine expansion. The regulations were registered (and came into force) on March 6, 2025, and were published in the Canada Gazette on March 26, 2025.

What it does#

  • Lists two unnamed tributaries to Amikougami Creek (about 4 km west of the town of Kirkland Lake, Ontario) as tailings impoundment areas in Schedule 2 of the Metal and Diamond Mining Effluent Regulations.
  • Authorizes the deposit of mine tailings into those listed waters for the Macassa mine, subject to the conditions already in the regulations.
  • Allows the project to destroy a total of 0.46 hectare of fish habitat in those two tributaries.
  • Requires the mine to have an approved fish habitat compensation plan (FHCP) before any tailings are placed in the listed waters. The FHCP for this project is designed to create 0.89 ha of new or improved habitat.
  • Requires a financial security from the mine to guarantee the FHCP. The estimated cost for implementing the FHCP is $1.37 million.

Who's affected#

  • Agnico Eagle Mines Limited, the mine operator seeking to expand the North Tailings Storage Facility at the Macassa mine.
  • People who live in and around the town of Kirkland Lake, Ontario, and users of nearby lakes and streams.
  • Nearby Indigenous communities that were consulted: Apitipi Anicinapek Nation, Matachewan First Nation, Beaverhouse First Nation, Temagami First Nation, Timiskaming First Nation, and the Métis Nation of Ontario. Some concerns were raised during consultation, particularly by Apitipi Anicinapek Nation.
  • Federal departments involved in oversight and enforcement, including Environment and Climate Change Canada and Fisheries and Oceans Canada.
  • Local fish and aquatic habitat in the affected tributaries (the department’s documents list small forage fish and other species present in the Amikougami Creek system).

Why it matters#

  • Practically, the change clears a regulatory step that lets the Macassa mine expand its tailings storage and extend operations (the company expects about 15 more years of production from the expansion).
  • It creates a trade-off: 0.46 hectare of existing fish habitat will be lost, but the required compensation measures aim to create 0.89 ha of habitat elsewhere. That compensation must be in place and funded (estimated $1.37 million) before tailings disposal can begin.
  • Indigenous communities raised concerns about cumulative and historical impacts in the area. The government and the company say they engaged and offered funding to support Indigenous review of project documents.
  • The amendment is site-specific. It does not change the rules for other mines. Federal agencies will monitor compliance and can take enforcement action if conditions are not met.

Key topics

Metal and Diamond Mining Effluent RegulationsMDMERSchedule 2Tailings Impoundment AreasFish habitat compensation planFHCPAgnico Eagle Mines LimitedMacassa mineAmikougami CreekKinross Pond ExtensionNorth Tailings Storage FacilityEnvironment and Climate Change CanadaFisheries and Oceans Canadamine tailingsKirkland Lake, Ontario

Source: Canada Gazette

Official source