In Canada, the Metal Mining Effluent Regulation is a mechanism developed from the Fisheries Act (R.S., c. F-14, s.1) under which the effects of mine effluent on fish and fish habitat (i.e., benthic invertebrate communities) is determined by Environmental Effects Monitoring (EEM) studies. The Metal Mining EEM (MM EEM) program proceeds in a tiered manner, commencing with determining whether an effect is present and continuing with determining extent, magnitude and cause of the effect. The benthic invertebrate monitoring component of the MM EEM program includes consideration of study design elements such as confounding factors, monitoring frequency, statistical study design, appropriate community endpoints and standardized approaches to site descriptions, field and laboratory methods and data interpretation. We present the approaches and rationale recently adopted for the benthic component of Canada's Metal Mining EEM program. A primary objective of this program was to outline a consistent national program that was scientifically defensible and that would produce the necessary information to evaluate the effectiveness of current pollution regulations.
In Canada, Environmental Effects Monitoring (EEM) programs exist within two regulations: the Pulp and Paper Effluent Regulations and the new Metal Mining Effluent Regulations under the Canadian Fisheries Act. EEM provides a biological, effects-based feedback loop to assess the effectiveness of technology-based regulations in protecting receiving environments. The promulgation of the Pulp and Paper Effluent Regulations, in 1992, represented a significant step forward in the Canadian regulatory approach by incorporating directly into a regulation a requirement to assess the effects of effluent discharges on receiving environments using proven scientific monitoring methodologies. Similarly, an assessment of the aquatic impacts of mines resulted in recommendations to amend the Metal Mining Effluent Regulations, recently promulgated in 2002, and includes an EEM program as a science-based feedback loop. As such, these regulations recognize the possibility that national, technology-based standards may not necessarily protect all receiving environments because of the diversity and variability of both discharges and receiving sites across the country. Since that time, EEM has improved its flexibility by considering both advances in science and the uniqueness of monitoring sites across Canada to allow the most appropriate and cost-effective monitoring approaches at each site while maintaining national consistency. This paper discusses the use of monitoring under two Canadian regulations to assess effects on aquatic ecosystems. As well, the National EEM approach to maintaining up-to-date scientific practices in a national regulatory program is discussed using examples.
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