Alberta Energy Regulator to launch third-party probe of Kearl oilsands tailings leak
Alberta Energy Regulator to launch third-party probe of Kearl oilsands tailings leak
An image of the industrial wastewater leak at Imperial Oil's Kearl Mine site north of Fort McMurray. (Source: Nick Vardy)
The Alberta Energy Regulator says it's looking for an investigator to dig into releases of oilsands tailings and tailings-contaminated water that weren't made public for nine months.
In a statement Tuesday, the regulator said it's seeking a "qualified, impartial, third-party body" to consider how it notified First Nations, governments and other stakeholders about two releases at Imperial Oil's Kearl oilsands mine north of Fort McMurray, Alta.
"I have been in regular contact with (the regulator's) CEO Laurie Pushor, and he assures me he welcomes this third-party review both as an opportunity for an independent recounting of the facts surrounding the (agency’s) response and as an opportunity for (it) to learn and grow as applicable," said the regulator's chairman, David Goldie, in a release.
But one resource law expect said the move is unlikely to answer all the questions building around a body that's supposed to both license industry activity and police its behaviour.
"As a way to restore trust, this is bizarre," said Nigel Bankes, former dean of resource law at the University of Calgary.
Although Imperial notified the regulator in May of discoloured water near one of the tailings ponds, the seepage wasn't disclosed publicly until nine months later after another 5.3 million litres of water containing tailings escaped from a catchment pond.
Area First Nations remain angry about not being kept apprised of the ongoing investigation. Federal Environment Steven Guilbeault called the situation unacceptable. His provincial counterpart Sonya Savage wasn't happy and the Northwest Territories governments enacted a dispute mechanism within a watershed sharing agreement it has with Alberta.
The regulator said the inquiry will consider issues around notification and the timing of notification to Indigenous communities and other stakeholders. It will also consider "other potential process issues."
The inquiry's report is to be made public, the regulator said. It is expected to be completed about 90 days after the contract is awarded.
The decision to undertake the investigation was made on March 16 but released almost two weeks later.
"The board will have no further comment until it has reviewed the final findings," the regulator said.
Bankes said the move reflects a corporate mentality at an institution that's supposed to be concerned with the public good.
"It fits that mould as opposed to a governmental mould, which says the ultimate person responsible for this, even if it's an arm's-length agency, is the minister of energy because it's his statute.
"(The investigation) deflects criticism, it allows the AER to say we're doing something and it protects the minister. It insulates the government of Alberta."
Chief Billy-Joe Tuccaro of the Mikisew Cree First Nation, one of the affected bands, confirmed he wasn't notified about the regulator's decision despite regular weekly calls.
"The province and their regulator don’t seem to be getting the message," he said. "We are still learning about actions from news releases."
Tuccaro wondered if a "hand-picked consultant" will get full disclosure from officials within the regulator.
"Mikisew calls on the (regulator) and the province of Alberta to do the honourable thing and allow Mikisew to appoint their own reviewer and to finally disclose the information to the actual affected party — Mikisew.”
Richard Feehan, Indigenous relations critic for the Opposition New Democrats, said the review is welcome but doesn't address the government's role.
“There needs to be a review into the (United Conservative Party's) handling of this incident and answers regarding what they knew and when they knew it," he said.
The regulator's probe would be the third into what happened around the Kearl releases.
Alberta's information commissioner is investigating whether the regulator had a duty to release information.
The House of Commons environment and sustainable development committee has invited the head of Imperial as well as the regulator to answer questions. The committee also hopes to hear from Environment Canada, the Northwest Territories and seven area First Nations.
No date has been set for that meeting.
This report by The Canadian Press was first published March 28, 2023.
NDP Leader Jagmeet Singh is pushing for special rapporteur David Johnston to 'step aside' from his role examining the issue of foreign interference before he embarks on public hearings.
Public Services and Procurement Minister Helena Jaczek says the Liberal government expects to have a plan for the future of 24 Sussex Drive by the fall.
Conservative Leader Pierre Poilievre has failed to persuade the House of Commons to condemn the Liberal government's approach to fighting drug addiction.
New Democrat MP Jenny Kwan said Monday that Canada's spy agency has confirmed her long-held belief she is being targeted by the Chinese government, as the prime minister granted the NDP's wish to allow more party members to review top-secret intelligence.
Canadian political leaders and parliamentarians are denouncing a new law passed in Uganda that imposes harsh penalties, including the death penalty, for certain cases involving homosexuality.
The body of a Winnipeg boy who fell into Sturgeon Falls on Saturday has been found following a desperate underwater search that lasted more than a day.
With the summer swimming season fast approaching, the Canada Safety Council is reminding people to be careful and take measures to prevent drowning, especially after three children died just days apart.
One long-time electoral tradition came to an end on election day, when Postmedia announced there would be no printed newspaper announcing the winner in Calgary.
In a province where there are vast distances between cities and towns, one local group is hoping to get public support for an idea to bridge those gaps with a rail line.
The first twister of 2023 in the country touched down near Regina over the weekend, according to an analysis from the Northern Tornadoes Project (NTP).
One person from Estevan, Sask. is dead and another is seriously injured following a collision between a pickup truck and a motorcycle on May 28 near Fortuna, North Dakota.
Approximately 200 homes or structures have been damaged by the wildfire that began burning Sunday in the Upper Tanatallon, N.S., area, according to preliminary estimates.
Carla White is the only remaining tenant in her building, which is slated to be demolished to make room for a 176-unit condo project. But in order to move forward, the developer must reach an agreement with White -- and she says she won't leave until she's provided with a home that offers the long-term stability she needs to ensure she won't end up back on the streets.
Montreal police (SPVM) are investigating yet another suspicious fire. Two cars parked in front of a commercial building in Montreal East were engulfed in flames in the middle of the night on Tuesday.
The union representing the majority of Quebec's daycare workers is criticizing the government's decision to launch a skimpy 90-hour training program for people who want to be daycare workers but have no prior experience.
It's the end of an era for one sporting goods store at Bank Street and Laurier Avenue. The owner says a lack of foot traffic downtown is behind the decision to close a store that's been operating for 41 years.
The Sandy Hill Child Care Centre has an extra two weeks to get its new home up to code months after a fire destroyed its original site on Wilbrod Street.
The rural Oxford County intersection where an OPP officer and a school bus driver were killed Monday was less than a month away from becoming a four-way stop when the deadly crash happened.
It was a night of indecision at Waterloo region's catholic school board as trustees went back and forth trying to find the best approach to fill a vacant seat.
The body of a Winnipeg boy who fell into Sturgeon Falls on Saturday has been found following a desperate underwater search that lasted more than a day.
A Winnipeg family is asking for help to find their missing teenage son whom they haven't seen since he left for school in the Fort Richmond area last Wednesday morning.
The body of a Winnipeg boy who fell into Sturgeon Falls on Saturday has been found following a desperate underwater search that lasted more than a day.
On Monday, Fraser Health provided two senior leaders to address the latest letter outlining risks to patients, allegations of muzzling, and pleas for help from emergency physicians in the health authority's hospitals.
The president of the BC Trucking Association is issuing renewed calls for safety after a trailer truck smashed into an overhead pass Monday morning in Langley.
Capital Bike is encouraging Greater Victoria residents to choose cycling as a way to get around the region during "Go By Bike Week," which runs from May 29 to June 4.
An image of the industrial wastewater leak at Imperial Oil's Kearl Mine site north of Fort McMurray. (Source: Nick Vardy)
