Federal mining effluent rules stood down in NWT

Summary#

This is a proposed Order, published January 1, 2022, that would let the federal government stop applying the Metal and Diamond Mining Effluent Regulations and part of the Fisheries Act in parts of the Northwest Territories where the territorial rules already apply. If finalized, affected mines would follow the Waters Act and Waters Regulations of the Northwest Territories instead of the federal mining effluent rules, while the government checks that the territorial rules remain as protective.

What it does#

• Proposes to "stand down" the Metal and Diamond Mining Effluent Regulations and subsection 36(3) of the Fisheries Act for metal and diamond mines in the NWT that are subject to the territorial Waters Act and Waters Regulations.
• Keeps the federal rules in place for mines located in federal areas of the Mackenzie Valley (so those mines would not be covered by the Order).
• Requires the Government of the Northwest Territories to provide annual information to the federal government about enforcement, monitoring and compliance for the mines covered by the agreement.
• Commits both governments to review the arrangement every five years and allows either party to end it with at least six months’ written notice.
• This item was published as a proposal and includes a public comment period of 60 days before any final Order would be made.

Who's affected#

• The three large diamond mines and one closed metal mine in non-federal parts of the NWT named in the analysis: Diavik, Ekati, Gahcho Kué, and Con — these are the main operations that would shift from federal to territorial rules if the Order is finalized.
• Two closed metal mines in federal areas (Giant and Cantung) would remain under the federal rules.
• The territorial government (the Government of the Northwest Territories) and the federal Department (the Department of the Environment) will be involved in ongoing reporting and oversight.
• The broader NWT mining sector, local communities and Indigenous groups may notice the change because it reduces duplicate federal and territorial regulation. The notice says Indigenous groups will be invited to comment during the public comment period.

Why it matters#

• It aims to reduce duplicate regulation: the government estimates annual cost savings of about $22,832 (2019 dollars) across the affected mines and federal administration, with an administrative burden reduction of about $3,336 annually (in 2012 dollars) in total and $834 per business under the one-for-one rule.
• Environmental protection is intended to stay the same: federal officials judged the NWT rules to be “equivalent in effect,” but the territory must fix some licence details (for example, pH limits) before the federal government will finalize the agreement.
• For affected mines, the practical change would be less paperwork and fewer duplicate monitoring requirements, and enforcement would be handled by territorial authorities instead of federal ones where the Order applies.
• This is a proposed Order, not final. The public and stakeholders have 60 days to comment before the federal government decides whether to proceed.