Federal Regulatory Requirements

The following is a listing of the federal regulatory requirements for the mineral industry.

Fisheries Act

Fish Habitat

Mining or exploration projects may adversely affect fish habitat. In circumstances where there is potential to affect fish or fish habitat, the Federal Department of Fisheries and Oceans (DFO) should be contacted in order to determine if any authorization will be required and to obtain advice on what steps should be taken to mitigate impact on water quality and fish habitat. Where impact to fish habitat is unavoidable, a Fisheries Act Authorization prior to commencing the work will be required from DFO. It is important to note that a Fisheries Act Authorization will trigger and assessment under the Canadian Environmental Assessment Act.

For further information, see "Operational Statements, Reviews and Authorizations" at DFO’s website as well as the Operation Statement for Mineral Exploration Activities - Ontario.

Destruction of Fish

In cases where destruction of fish may be unavoidable (such as may happen during diversions, dewatering and infilling of water bodies), an authorization to destroy will be required. Contact the Department of Fisheries and Oceans. See myLaws - Fish Habitat Authorization.

Metal Mining Effluent Regulations (MMER)

Metal Mining Effluent Regulations (MMER) apply to all metal mines (excluding placer operations) with an effluent flow rate in excess of 50 cubic metres per day that were in operation, under development, or reopened on or after June 6, 2002. See myLaws - Discharge from a Metal Mine for additional information.

Note: While MMER may not apply to exploration stages and closed-out sites, all activities are covered by the general provisions of the Fisheries Act, which prohibits the deposit of deleterious substances.

Included in the MMER are:

for cyanide, arsenic, copper, lead, zinc, nickel and radium-226;
A pH range;
A limit for total suspended solids (TSS);
A requirement for mines to conduct Environmental Effects Monitoring (EEM) programs;
A requirement for the production of effluent that is non-acutely lethal to rainbow trout and;
Monitoring and reporting requirements.

The federal Metal Mining Effluent Regulations (MMER) when applicable require immediate reporting of spills. Contact Environment Canada for reporting information

Navigable Waters

Any works undertaken in a navigable waterway must receive Transport Canada's approval prior to construction. The type of approval required and the process to be followed will vary depending on the type and complexity of the proposed work. See myLaws - Navigable Waters.

Explosives

Blasting Explosives Purchase and Possession Permit

For the purchase of blasting explosives for personal use when the quantity is below the licensing threshold of 75 kilograms or storage does not exceed 90 days. This permit can be obtained from the licensed explosives vendor nearest you. See myLaws – Explosive Permit.

Magazine Licences are required for the establishment of a storage facility for all explosives where quantities exceed 75 kilograms or 100 detonators. Licences are issued by the regional offices of the Explosives Regulatory Division of Natural Resources Canada. See myLaws - Magazine Licence.

Factory Licences are required for explosive manufacturing facilities. For more information, visit Natural Resources Canada’s website for the Explosives Regulatory Division - Licensing. See myLaws - Factory Licence.

The Canadian Environmental Assessment Act (CEAA) requires that an environmental assessment be completed before a factory licence is issued or significant amendments or changes are expected to an existing factory. See myLaws - CEAA.

Transportation Permits: An Explosives Transportation Permit is generally required when transporting explosives by road in loads exceeding 2,000 kilograms net explosives weight. The Transport Dangerous Goods Directorate of Transport Canada issues these permits. See myLaws – Explosives Transportation Permit

Federal Environmental Assessments

The Canadian Environmental Assessment Act (CEAA) applies to mining projects for which the federal government exercises authority such as issuing a permit under the legislation above.

The CEAA process is most often triggered through a Fisheries Act, Navigable Waters Protection Act or Explosives Act approval under consideration. Other triggers may include the use of federal funding, land or facilities. See the following links for an overview of the process and legislation. See myLaws - CEAA.

Canada and Ontario have been working together to harmonize both the federal and the provincial EA approval processes (see Canada-Ontario Agreement on Environmental Assessment Cooperation).

Species at Risk Act

The purposes of the Species at Risk Act are to prevent Canadian indigenous species, subspecies, and distinct populations from becoming extirpated or extinct, to provide for the recovery of endangered or threatened species, and encourage the management of other species to prevent them from becoming at risk. See myLaws – SARA.