The Alberta Energy Regulator (AER) was before the House of Commons all-party Standing Committee on Environment and Sustainable Development April 24 to discuss Kearl oilsands mine tailing ponds seepages.
When pushed to explain why downstream communities were not notified of the leaks for almost a year, the regulator said investigations prevented them from providing details.
SA国际影视传媒淣ot withstanding what the rules are, what the procedures are, it is clear we did not meet communication expectations in this case,SA国际影视传媒� Laurie Pushor did offer, however. He has been head of the AER for the past three years. The AER is a quasi-judicial body and the single regulator of energy development in Alberta.
Imperial Oil, which operates Kearl mine, said it did notify the AER in May 2022 that there were wastewater containment issues at the site. Discoloured surface water was found to the north and northeast outside of the mine site in four locations.
But the incidents only came to the publicSA国际影视传媒檚 attention after the AER issued an environmental protection order on Feb. 6 when 5.3 million litres of industrial wastewater had overflowed from a tailings pond.
It wasnSA国际影视传媒檛 until that order was issued that communities downstream of the site were notified of the seepages. The Alberta, Northwest Territories and federal governments did not become aware of the situation until then either.
An Imperial Oil rep told the standing committee April 20 the company had reported the seeps to AlbertaSA国际影视传媒檚 Environmental and Dangerous Goods Emergencies (EDGE) hotline, with SA国际影视传媒渢he expectationSA国际影视传媒hat when we call to EDGE the fan-out process starts at that point.SA国际影视传媒�
EDGE is meant to SA国际影视传媒渃ommunicates openly with other regulatory agencies, such as the Alberta Energy Regulator (AER), in the event of an emergency or safety-related incident,SA国际影视传媒� reads the EDGE website.
As to why the provincial government wasnSA国际影视传媒檛 informed at that time, the Imperial rep said she couldnSA国际影视传媒檛 speak for how EDGE is run.
Also on April 20, Imperial CEO Brad Corson told the standing committee, the company followed the communications protocol established in confidential individual impact benefit agreements with Indigenous communities.
He said Imperial informed the environmental committees of those Indigenous communities about the May 2022 concerns, but Corson said Imperial should have followed up with information and kept the communities informed as testing of the seepages went along.
Corson also stressed that ImperialSA国际影视传媒檚 testing showed no drinking water had been contaminated.
When asked to confirm the companySA国际影视传媒檚 assertions, Pushor said, SA国际影视传媒淚tSA国际影视传媒檚 all subject to the investigation and it would definitely be inappropriate for me to speculate on any potential wrongdoing or inappropriate behaviour on ImperialSA国际影视传媒檚 behalf. ThatSA国际影视传媒檚 a fundamental part of our investigation.SA国际影视传媒�
Pushor said the report would be made public when completed SA国际影视传媒渁nd/or the prosecutionSA国际影视传媒檚 office has completed any work they may undertake in relation to potential prosecution.SA国际影视传媒�
As for AERSA国际影视传媒檚 responsibility in the communication vacuum, Pushor drew attention to the decision by the AERSA国际影视传媒檚 board of directors to hire a third party to investigate aspects of AERSA国际影视传媒檚 handling of the Kearl incidents.
AlbertaSA国际影视传媒檚 information and privacy commissioner Diane McLeod has also launched an investigation into AERSA国际影视传媒檚 communication around the seepages. Specifically, she will examine SA国际影视传媒渨hether AER had an obligation under Section 32 of the Freedom of Information and Protection of Privacy Act (FOIP) to disclose information to the public or others about the leak.SA国际影视传媒�
Asked what he would do differently upon reflection, Pushor said as there is SA国际影视传媒渟ignificant public interestSA国际影视传媒� in tailing ponds it would be worth revisiting the communications strategy to see about changes as to when, how broadly and how detailed information would be offered.
Pushor also noted that SA国际影视传媒渙nce we understood what was happening with the Kearl project, we asked all mines to do an assessment of their facilities and determine whether there was any indication anything like this might be happening elsewhere.SA国际影视传媒�
He said that information had been received and experts were now evaluating it.
Gerald Antoine, Dene national chief, and Shane Thompson, minister of environment and climate change for the Northwest Territories, also spoke April 24. Both took issue that their territories werenSA国际影视传媒檛 informed of the tailings ponds seepages.
SA国际影视传媒淲e are very concerned that the Dene were not informed about this disastrous incident and the obvious health and environmental risk associated with the leaks and also the spills,SA国际影视传媒� said Antoine.
He said Alberta and the federal government, as well as the AER and Imperial, were at fault for not informing the Dene.
SA国际影视传媒淭he environmental disasters such as this are an immediate and present reminder that we must constantly be vigilant in protecting Mother Earth, as this is our home. All levels of administrative government need to take immediate and urgent action to protect people and the environment,SA国际影视传媒� said Antoine.
Thompson drew attention to the comprehensive Transboundary Water Agreement signed between Alberta and the N.W.T. in 2015. The agreement, in part, facilitates improved monitoring and reporting of upstream affects from development.
Carmen Wells, director of lands and regulatory management for the Fort Chipewyan Metis Nation Association, said that issues with AER, which she called a SA国际影视传媒減oor regulatory system,SA国际影视传媒� went beyond lack of communication.
SA国际影视传媒淭hese decades of poor regulation require change and an overhaulSA国际影视传媒here (Fort Chipewyan Metis) are not at the mercy of the decisions of AlbertaSA国际影视传媒檚 policy makers who are willing to sacrifice northeastern Alberta,SA国际影视传媒� she said.
Canada needs to be involved, she said, in perhaps a co-management approach with Alberta.
SA国际影视传媒淭hereSA国际影视传媒檒l need to be some very big changes within the regulatory system,SA国际影视传媒� said Wells, saying it needs to be more collaborative with the communities.
SA国际影视传媒淚t is the communitiesSA国际影视传媒� land and itSA国际影视传媒檚 the communitiesSA国际影视传媒� land that theySA国际影视传媒檙e going to end up with after everyone has left,SA国际影视传媒� she said.
Wells comments about changes needed to the AER were also voiced April 17 when representatives from the First Nations of Fort McKay, Fort McMurray, Athabasca Chipewyan and Mikisew Cree, as well as the Metis Nations of Fort McMurray, Fort McKay and Willow Lake, addressed the standing committee.
Before Pushor began speaking, he was asked by NDP Edmonton Strathcona MP Heather McPherson to swear an oath that he would tell the truth. While he agreed to do as was requested, it wasnSA国际影视传媒檛 without the Conservative MPs on the standing committee taking exception to Pushor being the only witness in three days of testimony having to take that action.
Also raising the ire of Conservative MPs was the introduction of a motion by Liberal N.W.T. MP Michael McLeod, who called the testimony by Imperial Oil and AER insufficient and requested them to return to the committee in October with documents supporting actions both Imperial and AER had taken between now and then.
Edmonton-Westaskiwin Conservative MP Mike Lake said the motion was in SA国际影视传媒渂ad faithSA国际影视传媒� as it had been drafted prior to PushorSA国际影视传媒檚 testimony.
Battle River-Crowfoot Conservative MP Damien Kurek said that while Conservatives were making a SA国际影视传媒減retty solid effortSA国际影视传媒� to understand what had happened, everybody else was SA国际影视传媒減laying politics.SA国际影视传媒�
Chair Francis Scarpaleggia, a Liberal MP from Lac-Saint-Louis, Que., moved further discussion on the McLeodSA国际影视传媒檚 motion to Thursday because of time restrictions.
Yesterday marked the final scheduled day of testimony on seepages from the KearlSA国际影视传媒檚 oilsands mine tailings ponds.
-By Shari Narine, Local Journalism Initiative Reporter, Windspeaker.com
