This consultation was open from:
May 2, 2023
to June 16, 2023
Decision summary
We have issued a new multi-media Environmental Compliance Approval (ECA) to De Beers Canada Inc. that will allow for the operation of the existing 0.98-hectare landfill and a 1.44-hectare landfill for the disposal of non-hazardous solid waste and management of associated landfill leachate and stormwater runoff at the company's Victor Diamond Mine.
Location details
Site address
Unorganized Township,
ON
Canada
Site location details
Victor Diamond Mine
Approximately 90 kilometres west of the community of Attawapiskat
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
De Beers Canada Inc.
1601 Airport Road Northeast
Suite 300
Calgary,
AB
T2E 6Z8
Canada
Decision details
We have issued a new multi-media Environmental Compliance Approval (ECA) to De Beers Canada Inc. (De Beers) as required by s. 27 of the Environmental Protection Act and s. 53 of the Ontario Water Resources Act. The ECA will allow for the operation of the existing 0.98-hectare landfill and a 1.44-hectare landfill for the disposal of non-hazardous solid waste and management of associated landfill leachate and stormwater runoff at the company's Victor Diamond Mine. The Victor Diamond Mine is located approximately 90 to 100 kilometres west of the community of Attawapiskat in an unorganized territory in the District of Kenora, Ontario.
The following changes have been approved and incorporated into the consolidated ECA:
- Consolidation of existing ECA #1352-6N6LRW (waste disposal site) and existing ECA #5743-BGRHQ3 (industrial sewage works) into a single approval for ease of tracking and reporting;
- Alignment of the current monitoring program under ECA #1352-6N6LRW for the parameters, locations and frequencies with the monitoring requirements of ECA #5743-BGRHQ3;
- Update of the surface water and groundwater monitoring program allowing the water quality monitoring frequencies to be reduced once the landfill site has been closed; and
- Change to the leachate and storm runoff discharge location from the North Granny Creek to the open Pit Lake to eliminate the discharge going to a fish bearing watercourse. One year after the rerouting of leachate to the Pit Lake, sampling at the Northeast Fen and North Granny Creek will cease to apply.
Effects of consultation
Comments were received from a member of the Kattawapiskak (Attawapiskat) First Nation. During the technical review of this amendment, the reviewer engaged the surface water and groundwater staff at the Northern Region Technical Support Section and the environmental officer at the Timmins District Office to review these comments. The ministry staff concluded the following based on the review of supporting technical documents submitted by De Beers:
Comment 1 regarding the environmental impact of rerouting landfill leachate and stormwater runoff to the Pit Lake
Ministry's response: The rerouted landfill leachate and stormwater runoff to the Pit Lake is unlikely to adversely impact the potential downstream groundwater or surface water receptors based on our review.
Comment 2 regarding the validity of the modelling study on Pit Lake water quality submitted by De Beers
Ministry's response: The modelling study submitted and further updated by De Beers is considered as a reasonable and practical scientific approach in assessing the Pit Lake water quality before and after rerouting of the landfill leachate and stormwater runoff.
Comment 3 regarding the duration of monitoring at the existing discharge location and receiver (North East Fen and North Granny Creek) upon rerouting of the landfill leachate and stormwater runoff to the Pit Lake
Ministry's response: The duration of monitoring required at the existing discharge location and receiver in the amended ECA is appropriate and can be updated in the future based on the monitoring results during the monitoring period.
Comment 4 regarding a request for frequent and ongoing monitoring programs to facilitate the long-term tracking of potential contaminations
Ministry's response: The monitoring programs included in the amended ECA is comprehensive and protective of the environment.
Comment 5 regarding a request for the ministry to conduct an assessment before adding more contaminants to the open pit water
Ministry's response: De Beers bears the responsibility of conducting all necessary environmental studies and assessments to support their application and no further assessments would be required for making a decision on this application.
Comment 6 regarding a request for no changes to the existing sewage works and waste disposal site ECAs
Ministry's response: The approval allows the diversion of landfill leachate and stormwater runoff away from the fish-bearing North Granny Creek to a constructed waterbody (i.e., Pit Lake) with no surficial connection to natural waterbodies. In addition, the consolidation of the existing ECAs helps to streamline monitoring, sampling, reporting and tracking by both De Beers and the ministry.
In summary, the above public comments were considered and found to have no direct impact on the ministry's decision on this application.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from July 3, 2024 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
Start the process to appeal
If you’re an Ontario resident, you can start the process to appeal this instrument decision.
First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.
If the appellate body grants leave, the appeal itself will follow.
Seek leave to appeal
To seek leave to appeal, you need to do these three things:
- prepare your application
- provide notice to the minister
- mail your application to three parties
1. Prepare your application
You’ll need to prepare an application. You may wish to include the following things in your application:
- A document that includes:
- your name, phone number, fax number (if any), and/or email address
- the ERO number and ministry reference number (located on this page)
- a statement about whether you are a resident in Ontario
- your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
- the parts of the instrument that you’re challenging
- whether the decision could result in significant harm to the environment
- the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
- the grounds (facts) you’ll be using to appeal
- the outcome you’d like to see
- A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
- Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered
The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:
- is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
- could the decision you wish to appeal result in significant harm to the environment?
2. Provide your notice
You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.
In your notice, please include a brief description of the:
- decision that you wish to appeal
- grounds for granting leave to appeal
You can provide notice by email at minister.mecp@ontario.ca or by mail at:
College Park 5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3
3. Mail your application
You’ll need to mail your application that you prepared in step #1 to each of these three parties:
- appellate body
- issuing authority (the ministry official who issued the instrument)
- proponent (the company or individual to whom the instrument was issued)
De Beers Canada Inc.
1601 Airport Road Northeast
Suite 300
Calgary,
AB
T2E 6Z8
Canada
Registrar, Ontario Land Tribunal
655 Bay Street, Suite 1500
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
Include the following:
This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.
Connect with us
Contact
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Original proposal
Proposal details
This proposal is for a multimedia Environmental Compliance Approval (ECA) for De Beers Canada Inc. for the establishment, construction and operation of a 0.98 hectare and 1.44 hectare landfill, for the disposal of non-hazardous solid waste and management of associated landfill leachate, at the Victor Diamond Mine site. The site is located approximately 90 to 100 kilometres west of the community of Attawapiskat in the District of Kenora, Ontario.
The following changes are proposed to the existing Environmental Compliance Approvals for the site:
- consolidate ECA No. 1352-6N6LRW and ECA No. 5743-BGRHQ3 into a single approval
- align the current monitoring program under ECA No. 1352-6N6LRW for the parameters, locations and frequency with the monitoring requirements of ECA No. 5743-BGRHQ3
- add a condition allowing the water quality monitoring frequency to be reduced once the landfill site has been closed water quality monitoring should be reduced to three times per year during the open water season (June to October) to reflect a campaign based closure monitoring program
- change to the leachate discharge location from the North Granny Creek to the open pit lake to eliminate the discharge going to a fish bearing watercourse; following the rerouting of leachate to the pit lake, sampling at the Northeast Fen and North Granny Creek would cease under these approvals as they would no longer be receiving leachate discharge
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
135 St. Clair Avenue West
Floor 1
Toronto,
ON
M4V 1P5
Canada
Comment
Commenting is now closed.
This consultation was open from May 2, 2023
to June 16, 2023
Connect with us
Contact
Client Services and Permissions Branch
135 St Clair Ave West
1st Floor
Toronto,
ON
M4V 1P5
Canada
Comments received
Through the registry
0By email
1By mail
0