Environmental Permits
Development of a mineral project can require a variety of environmental permits and approvals depending on the size and type of project, facilities being constructed, location and other factors. Small exploration projects will trigger few actual approvals; however, many environmental regulations and standards will apply whether there is a specific approval to be issued or not. Larger-scale projects and mine construction projects will require approval prior to being able to commence a particular activity.
Note that many environmental approvals require posting on the Environmental Registry for a minimum period prior to any decision regarding the approval being issued.
Water
Water Taking and Transfer (Permits to Take Water (PTTW))
Section 34 of the Ontario Water Resources Act requires anyone taking more than a total of 50,000 litres of water in a day (50 cubic metres, 10,000 gallons per day), to obtain a permit. The trigger for the permit is in respect to the capacity of the water-taking equipment, not the actual amount of water taken or transferred.
Water-taking permits apply to both surface and groundwater. Examples include taking water for drinking water, irrigation, dust control, ice road development, process water, underground and open pit dewatering, diamond drilling, cooling and diversions. Fire protection systems are generally excluded. See myLaws – PTTW
Discharging Industrial Wastewater (Industrial Sewage Works)
An industrial sewage works for a mine or advanced exploration program may include mine water treatment systems, settling ponds, storm water collection and treatment systems, mill process water treatment and discharge, tailings (processed ore) facilities, coolant water or other water treatment and management systems. See myLaws – COA Industrial Sewage.
Certificates of Approval are required for industrial sewage systems that release or discharge, store or transport contaminants to ground and surface water. Proponents of these types of activities are required to apply for and obtain a Certificate of Approval prior to any construction of the facility.
Discharging more the 50,000 litres per day will also trigger the Clean Water Regulations under the Ontario Environmental Protection Act (also known as the Municipal/Industrial Strategy for Abatement (MISA) Regulations). The monitoring regulations that commonly apply to mining projects are:
- Ontario Regulation 561/94 (Effluent Monitoring and Effluent Limits – Industrial Minerals Sector)
- Ontario Regulation 560/94 (Effluent Monitoring and Effluent Limits – Metal Mining Sector)
The federal government also has effluent and reporting standards that apply to metal mines. As part of the Metal Mining Effluent Regulations (MMER) under the Fisheries Act, mines subject to the MMER are required to conduct effluent characterization, toxicity testing and water quality monitoring as well as meet limits for the discharge of deleterious substances (see myLaws – Metal Mining Regulations). These regulations are enforced by Environment Canada. Contact Environment Canada for further information.
Septic Systems (Domestic Sewage)
Sewage systems capable of handling more than 10,000 litres per day of domestic sewage (or any sewage works that discharges to surface water) require a Certificate of Approval from the Ministry of the Environment (MOE) under the Ontario Water Resources Act. The application process and guide can be downloaded from the ministry’s website. See publications listed under Water and Sewage Works.
Operation of a Treatment Plant for Human/Domestic Sewage
Any human/domestic sewage plant that discharges to surface water requires the operator to be licensed (Ontario Water Resources Act, O.Reg. 129/04 (Licensing of Sewage Works Operators). A licencing guideline is also available.
Smaller septic systems (less than 10,000 litres per day capacity) contained within the same property (lot) are regulated by the Ontario Building Code. Approvals of these systems may be made by the chief building official if your municipality is in southern Ontario, or by Health Units or Conservation Authorities in Northern Ontario.
See myLaws - Sewage Systems.
Drinking Water (Potable Water)
Provincial Drinking water regulations under the Safe Drinking Water Act apply to potable water supplies of capacity greater that 2.9 Litres per second. The Act also requires certification of water system operators and analysts and testing services.
See myLaws – Drinking Water
Further information is available on the Ministry of the Environment website or contact your nearest MOE District office.
Well Drilling and Abandonment
Water well construction and abandonment is regulated by the Ontario Water Resources Act, Reg. 903. For more information, also see the following links:
- Wells information and documents
- Water wells and groundwater (general interest publications)
For further information, including information on Watershed protection planning and groundwater studies, visit the Ontario Ministry of Environment website and myLaws – Water Well Regulations.
Air Emissions
Approval is also required for the ongoing operation of any equipment that may discharge a contaminant, including noise and vibration, to the atmosphere. Most industrial processes or modifications to industrial processes and equipment require the submission of an application for a Certificate of Approval. See myLaws – COA Air.
Some examples of mining activities requiring approvals include diesel generators, welding exhaust, heating plants, underground ventilation, incinerators, smelters and air filtration and bagging plants, and surface crushers.
See the Guide to Applying for Approval (Air & Noise) for a detailed discussion of air approval requirements.
The Ministry of the Environment provides additional information and publications regarding air emissions.
Annual Reporting
Annual reporting of air emissions loadings to the environment is required for contaminant discharge above threshold criteria for reporting found in Environmental Protection Act, O.Reg 127/01. See Mandatory Air Emissions Monitoring and Reporting and myLaws – Air Contaminants Monitoring.
Land
Production and Storage of Liquid or Hazardous Wastes – Waste Generator Registration
Waste of a type or amount considered "registrable" or "hazardous" as defined under the Environmental Protection Act, Reg. 347 requires the waste generator to be registered. Additional information on hazardous waste is available from the Ministry of the Environment. See myLaws – Waste Generator Registration.
Waste Collection and Haulage
A Certificate of Approval – Waste Management System is required where wastes are hauled to a disposal site. Application guidelines are available from the Ministry of the Environment. See myLaws – Waste Management.
Waste Disposal Site
A Certificate of Approval – Waste Management Disposal is required where wastes are disposed of by landfilling. Application guidelines and information are available from the Ministry of the Environment. See myLaws – Waste Management.
Note: Private landfills of capacity greater than 40,000 cubic metres are often designated under the Environmental Assessment Act in which case an Individual Environmental Assessment will apply. See myLaws – Individual EA.
Waste Transfer Site
A Certificate of Approval – Waste Transfer Site is required where wastes are temporarily stored in one location and then hauled away for final disposal. Application guidelines are available from the Ministry of the Environment. See myLaws – Waste Management.
PCB Storage and Movement
The Environmental Protection Act Reg. 362 regulates storage and movement of PCB wastes materials. The storage facility must meet the requirements of the regulation. Any movement of PCB wastes for disposal or decontamination must be according to the director’s instructions. For more information on hazardous wastes, including PCBs, see the Ministry of the Environment (Land) website. See myLaws - PCB Waste Storage.
Spills
Part X of the Environmental Protection Act requires immediate notification to the Ministry of the Environment and others in the event of a spill of a pollutant into the natural environment. Any abnormal discharge of a contaminant into the natural environment is considered a spill and requires immediate notification. See myLaws – Spills.
The owner or controller of the pollutant also has the duty to act to restore the natural environment and prevent any adverse effects.
The Ministry of the Environment Spills Action Centre is available 24 hours a day at 1-800-268-6060 for spill notification.
Provincial Environmental Assessments
The Mining Sequence
