Draft Regulations Released for Deposits of Deleterious Substances

On February 15, 2014, the Department of Fisheries and Oceans (DFO) released draft regulations under section 36 of the Fisheries Act to provide a regulatory framework to permit deposits of deleterious substances in three circumstances:

With respect to the last category, which is of most significance for our members, the proposed regulations allow the Minister of Environment to issue regulations permitting the deposit of deleterious substances if the following conditions are met:

Wastewater utilities have been subject to prosecutions under the deleterious substance provisions, and occasionally even drinking water systems have had challenges under the legislation (i.e., during filter backwashing). This vulnerability has been mostly mitigated by the new Wastewater Systems Effluent Regulations, which authorize the deposit of ammonia, chlorine and total suspended solids under prescribed levels and gives firm timelines for compliance. However, this Regulation will provide further protection for our members, providing clear guidance on when a discharge is considered deleterious, and making it much easier to defend against prosecutions.

If the proposed regulations are approved, they will provide for a significant shift in the regulatory regime for managing water quality in Canada. The current regulatory regime involves overlaps and inefficiencies between provincial and federal authorities and creates legal uncertainty for proponents of activities. The proposed regulations will allow the federal Government to rely on provincial permitting programs to manage industrial developments. This will reduce regulatory overlap and inefficiencies, and will remove a key source of legal risk for major projects.

Canadian Water and Wastewater Association