When is a Lake not a Lake?

Lakes Across Canada Face Being Turned Into Mine Dump Sites

When is a “lake” not a lake?

When the Federal Government says that it’s a mine “tailings impoundment area”.

The CBC reported yesterday that the Federal Government is considering a proposition to allow mining companies to dump their toxic waste (aka “tailings“) into 16 lakes across Canada (including Bucko Lake in Manitoba, ~150 km North of Lake Winnipeg).  The Fisheries Act (see section 34 and forward) states that it’s illegal to deposit waste into fish-bearing waters in Canada. 

However, under the Metal Mining Effluent Regulations (section 5), a mining company is permitted to deposit waste rock “or an effluent that contains any concentration of a deleterious substance and that is of any pH into a tailings impoundment area that is either a water or place set out in Schedule 2 or a disposal area that is confined by anthropogenic or natural structures or by both, other than a disposal area that is, or is part of, a natural water body that is frequented by fish.” 

The Schedule 2 referred to here is a list of lakes that have been re-classified as “tailings impoundment areas”.  In other words, together the Fisheries Act and Metal Mining Effluent Regulations declare it unlawful to dump toxic waste into fish-bearing lakes and rivers … unless those lakes and rivers are re-classified as “tailing impoundment areas”.

Environmentalists point out that this is in effect a huge subsidy for mining operations at the cost of the environment.  Aboriginal communities and recreational fishermen are among the stakeholders that are opposed to this action.  The mining companies point out that the tailings from metal mining operations are best stored under water – they claim that this is the safest way to deal with the tailings.  The mining companies assure us that they will contain the toxic waste and that the risk to surrounding watersheds is minimal.  Environmentalists point out that even with the strictest safeguards in place, there is a real risk that the groundwater may be polluted by these tailings and that will affect surrounding watersheds – and impact not only the natural ecosystems but also aboriginal and other communities that rely on them.

When I heard this story on the news, I was really taken aback that such a glaring “loophole” in environmental regulations could be allowed to exist in Canada.  In the case of several of the lakes on the list to be re-classifed, local stakeholders claim that the federal government has not gone through the public hearings that are required.  Just because Canada has so many pristine lakes and rivers is no reason to think that we can treat them as toxic dumps by re-classifying them.  A lake by any other name is still a lake!