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ARTICLE · 27 JUNE 2018

Tougher Requirements For Metal Mines – Metal Mining Effluent Regulations Amended

McCarthy Tétrault
McCarthy Tétrault
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On May 30, 2018, the federal government published new regulations amending the Metal Mining Effluent Regulations (MMER) in the Canada Gazette.

CanadaEnergy and Natural Resources

On May 30, 2018, the federal government published new regulations amending the Metal Mining Effluent Regulations (MMER) in the Canada Gazette. The amendments cap a long period of government consultation and corresponding advocacy by industry. The amendments will come into force between June 1, 2018, and June 1, 2021. There are approximately 130 metal mines in Canada subject to this important Regulation.

Mining operations produce effluent (e.g. waste water, tailings, and waste rock) that can contain harmful or "deleterious substances". The Fisheries Act (Canada), under subsection 36(3), prohibits the deposit of deleterious substances in water frequented by fish unless authorized by a regulation. The MMER authorizes the release of certain deleterious substances from metal mines into fish-frequented waters, provided that the concentration of these substances does not exceed the prescribed limits and the effluent is not acutely lethal to fish (as determined by a lab

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