Base Metal Smelters and Refineries and Zinc Plants – Response to Stakeholders' Comments

On September 25, 2004 Environment Canada published in Part I of the Canada Gazette, a Proposed Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in respect to Specified Toxic Substances Released from Base Metals Smelters and Refineries and Zinc Plants. For simplicity, this document will be referred to as the Proposed Notice.

This Proposed Notice was published pursuant to the Canadian Environmental Protection Act, 1999 (CEPA 1999) as an instrument for preventive or control actions for specified substances released to the environment.

During the 60-day comment period that followed the publication of the Proposed Notice, Environment Canada received submissions covering a wide variety of issues. Additional comments were received after the initial comment period and during subsequent consultations held with stakeholders.

All the comments received have been considered in finalizing the CEPA instrument. This document summarizes the comments received under themes, without attributing any comment to any particular person or organization.

In total, Environment Canada received 24 written sets of comments on the Proposed Notice. Comments were received from:

• Bedford Mining Alert
• Canadian Environmental Law Association
• Canadian Institute for Environmental Law and Policy
• Dave Stevens
• Dow
• Hatch
• Hudson Bay Mining and Smelting
• Inco
• Mayor of Town of Snow Lake
• Mining Association of Canada
• MiningWatch Canada
• Ministère de l'Environnement du Québec
• Natural Resources Canada
• Noranda Inc. / Falconbridge Limited
• Norman Regional Development Corporation
• Ontario Ministry of the Environment
• Pollution Probe
• Prairie Acid Rain Coalition
• Sierra Club
• STOP
• STORM Coalition
• Teck Cominco
• United Steelworkers of America
• UTSB Research

In May 2002, a Base metals Environmental Multistakeholder Advisory Group (BEMAG) was formed by Environment Canada to provide advice on environmental initiatives in the sector. BEMAG held five meetings and helped prepare the Proposed Notice published in September 2004.

On November 29-30, 2004, after comments were received on the Proposed Notice, a meeting of BEMAG was held in Vancouver, BC. The meeting was to provide stakeholders with an opportunity to share views and comments on the Proposed Notice and to help finalize instruments for the sector under CEPA 1999.

Participants at the meeting included the Mining Association of Canada (MAC) and their smelter members (Inco, Noranda/Falconbridge, TeckCominco, Hudson Bay Mining and Smelting), environmental groups (STOP, STORM, and Canadian Environmental Law Association), United Steelworkers of America, Provinces (Ontario, British Columbia, Manitoba), Natural Resources Canada, Health Canada, and Environment Canada (Headquarters and Regional Offices from Prairie and Northern, Pacific and Yukon). Stakeholders in attendance at the BEMAG meeting presented and discussed their submissions.

On October 27-28, 2005 a meeting of BEMAG was held in Quebec City, QC, to discuss the Proposed Notice. At this meeting, Environment Canada staff presented an outline of a modified pollution prevention plan notice which took into account stakeholders' comments, concerns and suggestions. After this meeting, further written comments were received from:

• Canadian Environmental Law Association
• Natural Resources Canada, CANMET
• Falconbridge Limited
• Hudson Bay Mining and Smelting
• Inco
• Mining Association of Canada
• Ministère de l'Environnement du Québec
• Ontario Ministry of the Environment
• Pollution Probe
• STOP
• STORM Coalition and MiningWatch

This document outlines various comments received during consultations on the Proposed Notice and how they have been considered and addressed.