Dyno Basin Approved for Mine Waste

Summary#

The Canada Gazette published the final rule Regulations Amending the Metal and Diamond Mining Effluent Regulations: SOR/2022-159, which adds Dyno Basin to Schedule 2 of the Metal and Diamond Mining Effluent Regulations so it can be used as a tailings impoundment area for the Mont-Wright Mine. The rule came into force on June 24, 2022, and it also removes a duplicated heading in the regulations.

What it does#

• Lists Dyno Basin (a small pond near Fermont) in Schedule 2 of the Metal and Diamond Mining Effluent Regulations, designating it as a tailings impoundment area (TIA) where mine waste may be deposited.
• Authorizes the ongoing deposit of mine waste from the Mont-Wright Mine into that basin. The basin has been receiving mine-runoff since 2014 and was determined to be frequented by fish in 2019.
• Accepts that the deposit will permanently destroy about 0.64 hectare of fish habitat in the Dyno Basin.
• Allows the mine operator to use 0.64 hectare of residual compensation from the Jeannine Lake Fish Habitat Compensation Plan (FHCP) to offset that loss. The FHCP will produce 74.76 hectares of new or restored habitat when complete (targeted by 2025).
• Confirms that an irrevocable letter of credit covering implementation costs is already held by the government (estimated at $14 million over 20 years, in 2018 dollars).
• Removes a duplicated header from section 14.1 of the regulations (a minor textual fix).

Who's affected#

• ArcelorMittal Mining Canada (the mine operator) and the Mont-Wright Mine operations near Fermont, Quebec — they are the direct users of the authorisation.
• Local fish and aquatic habitat in Dyno Basin, where two species (longnose sucker and lake chub) were recorded.
• Indigenous communities whose traditional territory overlaps the area, notably Uashat mak Mani-Utenam and Matimekush-Lac John, both of which were consulted (one expressed support).
• Federal departments involved in oversight and enforcement, such as Environment and Climate Change Canada and Fisheries and Oceans Canada.
• The broader public and environmental groups interested in mining impacts and fish-habitat compensation may also be interested in this change.

Why it matters#

• It legally permits continued disposal of mine waste into a waterbody that already receives runoff from the mine. That avoids building large new diversion works or rebuilding the basin, which the government says would be more damaging or costly.
• The local, direct loss is small (0.64 hectare), but it is a permanent change to that specific waterbody. The government views the impact as offset because of the larger habitat gains promised under the Jeannine Lake FHCP.
• The compensation measures are funded and backed by a $14 million letter of credit, which is meant to ensure the restoration work proceeds even if the operator cannot complete it.
• For nearby communities and people who use local waters, the practical effect is that mining operations can continue in the area under conditions that require habitat compensation and government monitoring. The Canada Gazette item reports consultations and no public opposition, but local interest groups may still follow implementation and enforcement closely.