Because lakes and rivers are fish habitat, they are protected by the Fisheries Act. This Act is Canada’s oldest environmental legislation and prohibits the release of “deleterious substances” into fish-bearing waters and the alteration or destruction of fish habitat. However, in 2002, Schedule 2 was added to the Metal Mining Effluent Regulation (Schedule 1 lists the regulation's "Authorized Officers"). Schedule 2 essentially allows for re-classifying any natural water body that gets listed on it as a “tailings impoundment area.” Once a lake or river gets listed, it is no longer considered a natural water body and no longer protected by the Fisheries Act. A mining company can use then it as a dumping ground for millions of tonnes of tailings and waste rock.

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