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The Minerals and Metals Policy

The Policy Significance of Environmental Issues Related to Minerals and Metals

Minerals and metals are naturally occurring substances that are indispensable materials for the development of human societies. While it is recognized that trace amounts of a number of minerals and metals are essential to all life forms, the extraction and processing, as well as the particular uses, of certain minerals and metals can and have resulted in adverse effects on human health and the environment. The federal government is committed to mitigating these effects through an improved scientific understanding of the role and behaviour of these substances, through the implementation of sound risk reduction and management strategies, and through the administration of its jurisdictional responsibilities concerning human health and the environment.

Given Canada’s role as a world leader in the production of minerals and metals, the management of issues related to health and the environment is a policy priority.

Life-Cycle Management

In managing minerals- and metals-related health and environmental issues, the principle of life-cycle management for both process and product life cycles plays an essential role:

  • Process life-cycle management applies to specific operations and their associated risks in relation to the production of minerals and metals, such as exploration, extraction, processing, smelting and refining. It includes waste management, decommissioning and site rehabilitation.
  • Product life-cycle management applies to specific elements, substances or products and their associated risks based on assessments of all stages in the cycle of manufacturing, use, re-use, recycling and disposal of that particular element, substance or product.
Risk Assessment and Management

Life-cycle management of minerals and metals involves the application of risk-assessment and risk-management approaches:

  • Risk assessment estimates the degree and likelihood of adverse effects resulting from exposure to a substance from a process or product.
  • Risk management is the process of deciding what to do about an assessed risk, taking into account the results of the assessment as well as legal, economic and social factors.

Health and the Environment

The Safe Use Principle

The Safe Use Principle
recognizes that…minerals,
metals and their products ca
be produced, used, re- used,
recycled and returned to the
environment in a manner
that is consistent with
sustainable development;

The Safe Use Principle is an extension of life-cycle management, and incorporates risk-assessment and risk-management principles. Borrowed from occupational health and safety terminology and focused on use, the Safe Use Principle integrates the notion of “risk” with “use.” As well, it builds on and complements the Government’s Toxic Substances Management Policy (TSMP). The T S M P provides a framework for making science-based decisions on the effective management of toxic substances that are of concern because they are or may be released to the environment, or because Canadians may be exposed to them through the environment. The Safe Use Principle sends the message domestically and internationally that minerals and metals, and their products, can be used safely and responsibly.

The TSMP, and by extension the Safe Use Principle, recognizes two points pertinent to minerals and metals and of importance to this Policy:

  • naturally occurring substances, such as minerals and metals, cannot be virtually eliminated from the environment; and
  • there are instances where certain products containing minerals and metals, or their uses, because of the associated risks, may be candidates for bans, phase-outs or virtual elimination of releases from specific anthropogenic sources.

The Safe Use Principle, in building on the TSMP, recognizes that:

  • minerals, metals and their products can be produced, used, re-used, recycled and returned to the environment in a manner that is consistent with sustainable development;
  • society enjoys important benefits from the use of these natural resources, in conjunction with their sound management;
  • certain mineral- and metal-containing products may pose risks to human health or the environment and, as a consequence, need to be managed throughout their entire life cycle;
  • naturally occurring inorganic substances, such as minerals and metals, behave differently than synthetic organic chemicals and, as a consequence, require different risk-management approaches; and
  • minerals and metals, in and of themselves, are not candidates for bans, phase-outs or virtual elimination.

The Government supports the Safe Use Principle and will promote its implementation domestically and its adoption internationally as a policy approach for minerals and metals and their related products and uses.

Defining and Implementing the Safe Use Principle

The concept of safe use provides an approach for minerals and metals that follows well-established stewardship practices. In practical terms, the Principle calls for an assessment of the risks at various stages throughout the life cycle associated with the uses of a mineral- or metal-containing product. The results of the assessment are then used to determine the most appropriate management approaches to address these risks. It is generally accepted that, in some cases, the risks associated with certain products or product uses cannot be properly controlled or managed. Consequently, where such a situation exists, the Government will either discontinue or prohibit the specific product or product use.

In implementing the Safe Use Principle, and in the context of the TSMP, the Government will take the following approaches both domestically and internationally. The Government will:

  • work with Canada’s minerals and metals industry to develop and implement strategies that promote the Safe Use Principle. Such strategies would include, for example, the adoption of stewardship programs based on the life-cycle approach. The industry can and must play a leadership role in addressing health and environmental issues related to minerals and metals;
  • ensure that Canada is a global leader in promoting the Safe Use Principle for environmental and health initiatives of relevance to minerals, metals and their products; and
  • promote effective mechanisms to obtain and coordinate input from the provincial and territorial governments and others for the development of appropriate policy responses to scientific or technological advances in the safe management of minerals and metals and related products.

Recycling of Minerals and Metals

With world population growth and rising standards of living, global demand for minerals and metals – as essential raw materials for economic and social development – continues to increase. This growth in demand presents governments with a range of policy issues concerning the sustainable use of minerals and metals and their availability for future generations.

There are a number of factors that will promote the continued availability of mineral and metal resources. While the pace of growth in demand dictates that virgin materials will remain the primary source of mineral and metal commodities, another important source is recycled materials. Because of their value, consistent performance characteristics, durability, chemical properties, and versatility of use, many minerals and metals can be re-used almost without limit. As a consequence, recycled materials are a vital secondary source of supply, and are traded on national and global markets based on long-term contracts or at spot market prices. The fact that recycling generates environmental benefits is an added and important dividend. Recycling extends the efficient use of metals, reduces pressures on landfills and incinerators, and results in major energy savings relative to the level of energy inputs required to produce metals from primary sources.

Given these substantial benefits to Canadians, the Government of Canada, within its jurisdictional responsibilities and resources, will:

  • work with the provinces and territories, industry, and other stakeholders to enhance the efficiency and effectiveness of regulations and remove unnecessary impediments to recycling;
  • promote a more efficient metals recycling industry in Canada through better collection systems and technological advances in separation and recovery processes;
  • encourage the development of products that take into account recyclability in their design; and
  • promote, in both domestic and international fora, common approaches to the definition of waste that underline the need to differentiate between metal-bearing recyclable materials destined for recovery operations on the one hand, and wastes destined for final disposal on the other.

Recycling extends the
efficient use of metals…

The lengthy history of metals recycling demonstrates that domestic and international trade in recyclable metals and metal-bearing materials generally operates on a commercial basis. These valuable metal commodities account for between 30 and 60 percent of the total world consumption of metals and should not be considered as wastes.

The Government recognizes that recyclable metals are captured by the current definition of “wastes” and that this description can inhibit their use. The Government has further recognized that these metals are essential raw material components in metallurgical industries.

The Government remains cognizant of its international obligations and will continue to consult with the provinces and other Canadian stakeholders in deliberations on the appropriate management of recyclable materials. In approaching these discussions, and without prejudice to their outcome, the Government will follow a risk-based approach to the regulatory management of recyclable metals and metal-bearing materials. This direction is fully in keeping with the Government’s commitment to undertake steps to derive a logical definition of “wastes” (the current definition of ”wastes” includes material destined for recycling) to be used in both domestic and international legislation, and to exempt secondary materials containing metals used in recycling from the boundary restrictions imposed by the Basel Convention on the Transboundary Movement of Hazardous Wastes and Their Disposal.

Consequently, so as not to impede the continued use of these valuable resources, the Government will continue to work with the provinces and its international counterparts to apply appropriate movement and management controls to metals in relation to their risk to human health and the environment. In undertaking discussions on the definition of waste, the Government will recognize existing international legal obligations, including the OECD Council Decisions, the Canada-U.S. Agreement on the Transboundary Movement of Hazardous Waste, and the Basel Convention. While the final outcome of domestic discussions on the management of recyclable metals is uncertain at this time, the Government will be guided by the following precepts in seeking to ensure that it provides for:

  • normal commercial controls for recyclable metals and metal-bearing materials that do not exhibit hazard characteristics;
  • appropriate regulatory controls for recyclable metals and metal-bearing materials that exhibit hazard characteristics, but do not need to be managed as if they are hazardous wastes, and whose risks to human health and the environment can be soundly managed under conditions of normal use; and
  • hazardous waste-like regulatory controls for recyclable metals and metal-bearing materials that exhibit hazard characteristics and that, despite management, continue to pose unreasonable risks to the environment or where there is a history of mismanagement.

Mine Reclamation

…the Government
will continue to play a
central role with respect
to the many scientific,
technological and economic
challenges associated
with mine reclamation.

Mine reclamation seeks to rehabilitate a mine site to a viable, and wherever practicable, self-sustaining, ecosystem that is compatible with a healthy environment and other human activities. The Government recognizes that the provinces oversee mine reclamation in their role as owners and managers of mineral resources. The federal government, however, has direct responsibilities in this area in the Yukon and Northwest Territories, and in relation to uranium. It also contributes to the resolution of mine reclamation issues at the national level through the administration of the fish habitat provisions of the Fisheries Act, the administration of the Canadian Environmental Assessment Act, and through its tax policies and science and technology activities.

In this context, the Government has a role in ensuring the reclamation of currently operating and future mine sites. Consequently, it will ensure that:

  • post-production mine decommissioning and land reclamation are an integral part of the mine development process;
  • financial provisions for the costs incurred in mine closure are accorded a level of priority similar to that given to start-up investment costs; and
  • governments and industry work together to ensure that efficient mechanisms are developed to finance responsible closure practices.

As well, the Government will continue to play a central role with respect to the many scientific, technological and economic challenges associated with mine reclamation. Priority areas for federal science and technology (S&T) activities relating to this issue are described in Part VI.

Consistent approaches, including continuous improvement based on the principle of best practices, are essential for efficient and effective mine reclamation. The Government will ensure that, as a condition for mine development on federal lands, comprehensive plans for the reclamation of disturbed areas are developed, including the provision of satisfactory financial assurances to cover the costs of reclamation and, where necessary, long-term maintenance.

In addition to the need to address issues related to present and future mine sites, the Government must also deal with problems associated with past practices that are no longer permitted. Such practices have led to numerous abandoned and orphaned mine sites3, some of which pose a risk to the environment, human health, or public safety.

The Government will work with other governments and industry to evaluate and develop alternative financing mechanisms that are acceptable to all stakeholders. In addition, more information on the number and condition of these sites is required. It is recognized that initiatives are under way in some provinces to conduct a survey of abandoned and orphaned mine sites. The Government is aware of the need for action to clean up those abandoned and orphaned mine sites within federal jurisdiction that represent an unacceptable risk to the environment or human health and safety. It also recognizes the need for the owner of the site, where one can be identified, to pay for the clean-up costs.

With respect to the reclamation of uranium mine and mill tailings, the Government has taken a comprehensive approach through amendments to the Uranium and Thorium Mining Regulations and other means, under the aegis of the Atomic Energy Control Board. As a related initiative, the Government has developed a policy framework, including financial and institutional responsibilities, for the disposal of all radioactive wastes. The principles contained in the framework apply equally to all radioactive waste categories.

Land Access and Protected Areas

For the minerals and metals industry to continue to make its important contribution to the Canadian economy, new mineral deposits must be discovered. As well, for Canada to realize the full potential of its mineral endowment, the industry, within specified limits, must have access to the widest possible land base for exploration purposes.

In the oceans territory of Canada, this access, as well as the conduct of minerals and metals activities, will be integrated within an oceans governance strategy adopted by the Government. This strategy is based on the integrated planning and management of ocean-related activities to protect the health and prosperity of ocean systems.

Along with access, governments should provide:

  • reasonable certainty that when industry finds a mineral deposit, it may develop that deposit, provided that all statutory and regulatory obligations are met and the required approvals are obtained; and
  • clear policies on mineral tenure, revocation and compensation that have been communicated to investors.
Protected Areas Commitments

Although access is crucial to industry and its continued contribution to Canada’s economic well-being, it is also important that certain terrestrial and marine areas be protected from development. These areas make essential contributions to Canada’s environmental health, biological diversity, and ecological processes. In this context, the Government is committed to:

  • in cooperation with the provinces and territories, and Aboriginal communities, completing the federal network of National Parks by the year 2000 and accelerating the establishment of National Marine Conservation Areas. The Government will achieve its objectives by setting aside from industrial development (including mineral exploration and development activities) those protected areas required to achieve representation for Canada’s 39 terrestrial and 29 marine natural regions;
  • identifying and protecting terrestrial and marine critical wildlife habitat in Canada, including the implementation of federal legislation to protect endangered species and the establishment and management of marine wildlife areas;
  • identifying and protecting oceans ecosystems and the resources they contain, including the development and designation of marine protected areas; and
  • developing and implementing protected area strategies for federal lands and waters. The Government will continue to develop and implement a comprehensive coordinated approach for the establishment of all categories of protected areas in the Canadian offshore. In addition, the governments of Canada and the Northwest Territories, Aboriginal groups and interested parties will be working together to put a protected areas strategy in place in the Northwest Territories by the end of 1998. The strategy will recognize the existing contribution of federal and territorial protected areas, such as national parks, national wildlife areas, migratory bird sanctuaries, and territorial parks.
Establishing Protected Areas

…the Government will…
fully take into account the
mineral potential of the area
in question before taking
decisions to create protected
areas on federal lands;

In establishing and managing protected areas, the Government recognizes the minerals and metals industry’s important contribution to Canada. It also recognizes the desirability of leaving federal lands, particularly those with high mineral potential, open for mineral development when this is consistent with federal legislation and government policies, and compatible with environmental and social objectives. Consequently, the Government will:

  • use the best available scientific, traditional and local knowledge pertaining to the natural environment, the geographic and demographic setting, as well as the mineral development potential of the areas, in developing policies and decisions respecting the identification, selection and establishment of protected areas;
  • fully take into account the mineral potential of the area in question before taking decisions to create protected areas on federal lands;
  • impose land withdrawals that preclude mineral development activities only when specific conditions justify such action, and only after economic and social impacts have been carefully considered. These interim land withdrawals are to be for periods of up to five years, and can be renewed with justification following consultation with affected ministers;
  • take decisions only after stakeholders, especially local and Aboriginal communities, industry and non-governmental organizations, have been consulted; and
  • enhance its ongoing efforts to collaborate with the provincial and territorial governments, appropriate local and Aboriginal communities, and key stakeholders to facilitate the design, coordination and implementation of federalprovincial networks of protected areas.

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