Extract

In 2002, the Canadian Metal Mining Effluent Regulation (MMER) was proclaimed as a regulation under the Canadian Fisheries Act. The original purpose was to develop a systematic understanding of national water quality as related to the mining industry. Although it was not originally intended to regulate the water quality of effluent discharges from specific mines operating within the country, over time this regulatory objective was implemented on a national scale.

In conjunction with the regulation, an Environmental Effects Monitoring (EEM) guidance document was also produced. The stated objective of the EEM was “… to assess the adequacy of the MMER to protect fish, fish habitat, and the use of fisheries resources” (Environment Canada, 2002) although, again, the objective evolved to include a largely regulatory component. The EEM outlined protocols for the collection of information on 9 endpoints, including 4 fish endpoints and 5 benthic invertebrate endpoints. Development of the EEM was ostensibly science‐based and, within the EEM document, there was the acknowledged requirement that the EEM follow “good scientific practice,” a phrase mentioned at least 10 times in the introductory sections of the document (Environment Canada 2002). Such repeated affirmations of course invite scrutiny.

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