Publication

BC Mining: Factual Record

North American Environmental Law and Policy, Volume 13

Description

In June 1998, Sierra Legal Defence Fund, on behalf of Sierra Club of British Columbia, Environmental Mining Council of British Columbia, and Taku Wilderness Association (the “Submitters”), filed a submission with the Secretariat alleging the systemic failure of the Government of Canada to enforce s. 36(3) of the Fisheries Act (“s. 36(3)”) against mining operations in British Columbia, in particular as regards violations of s. 36(3) caused by acid rock drainage (“ARD”). S. 36(3) prohibits the deposit of deleterious substances into waters frequented by fish, unless authorized by regulation.

In May 2001, the Secretariat notified the Council that the submission warranted preparation of a factual record and recommended preparing a factual record regarding Canada’s actions to enforce and promote compliance with s. 36(3) at forty-two known or potentially acid-generating mines referenced in the submission. In November 2001, the CEC Council instructed the Secretariat “to prepare a factual record for the assertion that Canada is failing to effectively enforce s. 36(3) with respect to the Britannia Mine,” one of the mines referenced in the submission

Additional Information