| #Q001 | administrative | reporting | mandatory | Mines Act Application Submission | other, aquatic life | Section 10 (1) of the Mines Act requires proponents to submit applications outlining the details of the proposed work and a program for the protection of watercourses affected by the mine. | When seeking approval for mining activities under the Mines Act that affect watercourses. | high |
| #Q002 | operational | operational | mandatory | Proponent Responsibilities in or Near Water | aquatic life, other | If a mine proponent seeks to undertake a project in or near water, they are responsible for: Understanding the risks to fish and fish habitat associated with the proposed project. Taking measures to avoid and mitigate risks to fish and fish habitat. Requesting authorization where legally required (e.g. when it is not possible to avoid and mitigate risks to fish and fish habitat). Ensuring compliance with all statutory instruments, including federal and provincial legislation. | When undertaking a project in or near water. | high |
| #Q003 | administrative | operational | recommended | Use of Qualified Professionals | aquatic life, other | When working in or near water, mine proponents should consider the use of qualified professionals for a number of tasks, including: Assessing the risks to aquatic ecosystems. Preparing regulatory applications and required plans. Designing structures that meet health and safety, as well as environmental considerations (e.g. fish passage, stream discharge, etc.). Identification of mitigation measures and prescriptions for erosion control, sediment management, and habitat protection. Ensuring compliance with regulatory conditions. | When working in or near water. | high |
| #Q004 | prohibition | operational | mandatory | Avoidance of Harm to Fish and Habitat | aquatic life | To follow the fish and fish habitat protection provisions of the Fisheries Act, mine proponents must avoid: Actions causing death of fish, and Harmful alteration, disruption, or destruction of fish habitat. | Under the federal Fisheries Act. | high |
| #Q005 | operational | operational | mandatory | Implementation of Mitigation Measures | aquatic life | Mining activities in or around watercourses must plan and implement mitigation measures that: Prevent the death of fish. Occur during in-stream timing windows to protect fish, including: their eggs, juveniles, spawning adults, and the organisms upon which they feed. Maintain riparian vegetation including maintaining an undisturbed vegetated buffer zone between areas of on-land activity and the high-water mark of any water body. Prevent the harmful alteration, disruption, or destruction of fish habitat by avoiding: Conducting any work, undertaking or activity in water, Placing fill or other temporary or permanent structures below the high-water mark, Fording of the watercourse, and Disturbing or removing materials from the banks, shoreline, or waterbody bed. Maintain fish passage by avoiding: Changing flow or water level, and Obstructing or interfering with the movement and migration of fish. Prevent entry of deleterious substances in water, this includes sediment, hydrocarbons, and harmful chemicals. | When conducting mining activities in or around watercourses. | high |
| #Q006 | reporting | reporting | mandatory | DFO Request for Review | aquatic life | If it is uncertain whether a proposed project will cause the death of fish and/or harmful alteration, disruption or destruction of fish habitat, a request for review of the project is to be submitted to DFO. | When uncertain about impacts to fish and fish habitat. | high |
| #Q007 | administrative | operational | mandatory | Compliance with Fisheries Act Authorization Conditions | aquatic life | The authorization will include terms and conditions the proponent must follow to avoid, mitigate, offset (counterbalance impacts) and monitor the impacts to fish and fish habitat resulting from the project. | If the DFO grants a project authorization under the Fisheries Act. | high |
| #Q008 | administrative | operational | mandatory | Authorization for Changes in and About a Stream | other, aquatic life | To make changes in and about a stream, a mine proponent must hold a water licence, use approval or change approval; or follow an order, or be in accordance with Part 3 of the Water Sustainability Regulation. | When planning changes in and about a stream. | high |
| #Q009 | administrative | operational | mandatory | Legal Instrument for Stream Changes | other, aquatic life | A mine proponent must have permission in the form of a legal instrument to make a 'changes in and about a stream' under the Water Sustainability Act. | To make changes in and about a stream under the WSA. | high |
| #Q010 | administrative | operational | mandatory | Authorized Changes under WSR Section 39(3) | other, aquatic life | For Section 39(3) of the Water Sustainability Regulation to apply and authorize a change in and about a stream for mineral and coal exploration, four requirements must be met: 1. The owner, agent or manager of an exploration project must have an intent to operate within a riparian setback, and there is no way to avoid impacts. 2. The owner, agent, or manager must prepare a management plan, and submit it as part of the Notice of Work application to an inspector... 3. The Notice of Work application is approved and a permit under Section 10 of the Mines Act is issued. The Permittee must comply with the permit conditions... 4. The Permittee making the change complies with Part 9 of the Code, specifically the requirements of Part 9.5.1. | For mineral and coal exploration seeking authorization under WSR Section 39(3). | high |
| #Q011 | administrative | operational | mandatory | WSA Authorization for Non-Exploration Activities | other | Other types of mining activities such placer, quarries, sand and gravel, and coal and mineral mines seeking to make a 'change in and about a stream' must seek authorization under the Water Sustainability Act. | For mining activities other than mineral and coal exploration. | high |
| #Q012 | reporting | reporting | mandatory | Notice to Habitat Officer | aquatic life, other | For any changes that are considered authorized changes under Part 3 of the Water Sustainability Regulation, the proponent is required to submit a notice to a habitat officer. | When making authorized changes under Part 3 of the Water Sustainability Regulation. | high |
| #Q013 | operational | operational | mandatory | Use of Environmental Mitigation Hierarchy | aquatic life, other | The use of the mitigation hierarchy requires that all feasible measures be considered and applied at one level before moving to the next. | When applying the Environmental Mitigation Policy framework. | high |
| #Q014 | administrative | operational | mandatory | WSA Section 11 Approval | other, aquatic life | A person proposing to conduct a 'change in and about a stream' must obtain approval under Section 11 of the WSA. | When proposing a change in and about a stream. | high |
| #Q015 | administrative | operational | mandatory | Requirements for WSR Section 39(3) Authorization | other, aquatic life | For Section 39(3) of the Water Sustainability Regulation to apply and authorize a change in and about a stream for mineral and coal exploration, four requirements must be met: 1. The owner, agent or manager of an exploration project must have an intent to operate within a riparian setback, and there is no way to avoid impacts. 2. The owner, agent, or manager must prepare a management plan, and submit it as part of the Notice of Work application to an inspector. The application must be for exploration mining activities, that includes the changes in and about a stream associated with: a. Construction, maintenance, deactivation and reclamation of stream crossings; b. Access from water landings for the purpose of servicing exploration camps and equipment; c. Access to set up and service water supply pumps and lines; or d. Access to service drill sites. 3. The Notice of Work application is approved and a permit under Section 10 of the Mines Act is issued. The Permittee must comply with the permit conditions under section D. Environmental Land and Watercourses Conditions for Works in and about a Stream. These conditions were developed with Water Sustainability Act regulators and align with the requirements of the authorized changes under Water Sustainability Regulation Section 39(1). 4. The Permittee making the change complies with Part 9 of the Code, specifically the requirements of Part 9.5.1. It must contain a plan that shows how some specific activities will to the extent practicable: a. Maintain the integrity of the stream, lake or wetland; b. Prevent the introduction of deleterious substances into a stream, lake or wetland; and c. Minimize the disturbance caused by the activity. | For mineral and coal exploration seeking authorization under WSR Section 39(3). | high |
| #Q016 | operational | operational | guidance | Wetland Mitigation Consideration | other | Wetland alteration work may require consideration of mitigation and conservation measures to reduce wetland losses and ensure the protection and management of wetlands. | When planning proposed alterations to wetlands under Water Sustainability Act jurisdiction. | high |
| #Q017 | administrative | operational | mandatory | Qualified Professional Requirement | other | The Province requires the use of qualified professionals for many aspects of a Mines Act application and the development of management plans and structural designs. | For many aspects of a Mines Act application and development of management plans and structural designs. | high |
| #Q018 | administrative | operational | mandatory | Major Mines WSA Authorization | other | although some exploration activities may be considered under a Notice of Departure for Major Mines, since Major Mines Permits do not typically have specific conditions related to 'changes in and about a stream' (requirement 2 above), mine proponents must seek authorization under the Water Sustainability Act. | For Major Mines proponents seeking to make changes in and about a stream. | high |
| #Q019 | operational | operational | mandatory | Protections for Authorized Changes | aquatic life | These authorized changes must follow specific procedures and mandatory requirements and are subject to protections for water quality, aquatic habitat, and other users. | When undertaking authorized changes under Part 3 of the Water Sustainability Regulation. | high |
| #Q020 | operational | operational | guidance | EAO Habitat Offsetting Requirement | aquatic life | Where applicable, to reduce residual impacts to aquatic values, the Environment Assessment Office (EAO) may require the development and implementation of habitat offsetting plans as a condition of an Environmental Assessment Certificate. | During the Environmental Assessment review process for mining projects. | high |