What we examined (see Focus of the audit)

This audit focused on whether Environment and Climate Change Canada and Fisheries and Oceans Canada protected fish and their habitat from mining effluent at active mine sites, in accordance with the Fisheries Act and the Metal Mining Effluent Regulations.

Why we did this audit

This audit is important because Canadians rely on the federal government to mitigate the effect of mining effluent on fish and their habitat.

Overall message

Overall, we found that Environment and Climate Change Canada took steps to protect fish and their habitat from metal mining effluent. These steps included enforcement action to address non-compliance with requirements related to mining effluent.

However, we found that the frequency of on-site inspections was significantly lower in Ontario than in other regions. In addition, reporting on mine site compliance with requirements was incomplete. Furthermore, the Department had not carried out a comprehensive risk analysis to prioritize inspections of non-metal mines.

We also found that Fisheries and Oceans Canada met requirements to protect fish and their habitat from mining effluent. Both departments reviewed mining companies’ plans to compensate for loss of fish and their habitat before recommending that mine waste be disposed of. However, we found that Fisheries and Oceans Canada needed to improve monitoring of these plans to ensure that they were actually carried out.

What we found about …

Managing effects of mine waste and effluent on fish and their habitat

• Fisheries and Oceans Canada did not always monitor whether companies carried out their plans to offset harm to fish

• Environment and Climate Change Canada monitored the effects of metal mining effluent on fish and their habitat

Inspecting mine sites and addressing violations

• Environment and Climate Change Canada’s frequency of metal mine site inspections was significantly lower in Ontario than in other regions, and its reporting on compliance was incomplete

• Environment and Climate Change Canada inspected non-metal mines less often than metal mines

• Environment and Climate Change Canada addressed violations of regulations at both metal and non-metal mine sites

Entity Responses to Recommendations

The audited entities agree with our recommendations and have responded (see List of Recommendations).

Related Information

Report of the	Commissioner of the Environment and Sustainable Development
Type of product	Performance audit
Topics	Environment Natural Resources Water
Entities	Environment and Climate Change Canada Fisheries and Oceans Canada
Completion date	14 December 2018
Tabling date	2 April 2019
Related audits	Report 2—Protecting Marine Mammals, 2018 Fall Report of the Commissioner of the Environment and Sustainable Development Report 3—Conserving Biodiversity, 2018 Spring Report of the Commissioner of the Environment and Sustainable Development

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