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AER Town Hall – What We Heard Report (AWA)

“Bad Behaviour Bulletin”

Examples of the Government of Alberta and the Alberta Energy Regulator prioritizing the energy industry over the health and safety of Albertans, Indigenous Communities, and the environment. 

  1. February 2023: An Imperial Oil tailings pond has been leaking for nine months – https://thenarwhal.ca/imperial-oil-kearl-aer/ 
  2. September 2023: ‘They’re ramming it down our throats,’ Cold Lake First Nation Chief says of Pathways carbon capture project – https://www.cbc.ca/news/canada/calgary/they-re-ramming-it-down-our-throats-cold-lake-first-nation-chief-says-of-pathways-carbon-capture-project-1.6964936 
  3. October 2023: Alberta’s continued reluctance to collect adequate funds for the cleanup of both conventional oil and gas, and oilsands liabilities—estimated to be as high as $260 billion—leaving taxpayers at risk for the cleanup tab – https://www.policyschool.ca/wp-content/uploads/2023/10/EFL-49A-AB-ConvenOGLiabilityRegime.YewchukFluker.pdf 
  4. October 2023: The AER wrongly accepting Northback’s applications for coal-related work at Grassy Mountain – including an exploration program, water diversion licenses, and a deep drilling permit – despite the previous joint review panel decision. – https://ablawg.ca/2023/10/13/the-aer-does-not-have-the-jurisdiction-to-consider-new-coal-applications-for-the-grassy-mountain-coal-deposit/ 
  5. October 2023: When Is a Killed Alberta Coal Mine Really Dead? Never, according to the regulator’s stance on Grassy Mountain. That’s ‘preposterous and illegal,’ states a legal expert. – https://www.thetyee.ca/Analysis/2023/10/10/Killed-Alberta-Coal-Mine/ 
  6. December 2023: (Same as above) https://www.policyschool.ca/wp-content/uploads/2023/12/EFL-49B-NotFitforPurpose.Olszynski-et-al.pdf 
  7. November 2023: The AER’s decision not to reconsider its approval of Suncor’s operational plan for the McClelland Lake Wetland Complex despite evidence of its flaws. –  https://calgaryherald.com/business/energy/aer-wont-reconsider-approval-suncor-expansion-wetland 
  8. November 2023: Alberta NDP decries contract for government supporter to review energy regulator, It’s the second recent sole-source for David Yager (a longtime oilpatch executive), who also worked on a report on Alberta’s energy future — a report that has never been released – https://calgaryherald.com/news/politics/ndp-decries-contract-ucp-supporter-energy-regulator 
  9. December 2023: Mounting evidence seems to show the AER operates without sufficient public transparency and has vast discretionary powers. Rather than serving the best interests of Indigenous communities, the environment, and the public at large, the agency seems to be held captive by industry interests. – https://albertawilderness.ca/wp-content/uploads/2023/12/Advocate-Winter-2023-AER-reform.pdf 
  10. January 2024: New research showing that the oil sands industry is under-reporting harmful emissions by up to 6300 percent. – https://www.theguardian.com/environment/2024/jan/25/canadian-tar-sands-pollution-is-up-to-6300-higher-than-reported-study-finds 
  11. January 2024: Critics call for review after study suggests Alberta Energy Regulator underestimated oil well liability – https://www.cbc.ca/news/canada/edmonton/alberta-oil-well-liability-energy-regulator-1.7088683 
  12. February 2024: The $250 million in unpaid property taxes owed to rural municipalities from oil and gas companies. – https://calgaryherald.com/business/energy/alberta-energy-companies-owe-municipalities-taxes 
  13. March 2024: The AER’s abysmal response to the leak and spill of tailings at Imperial’s Kearl Mine by withholding information from impacted Indigenous communities for nine months. – https://www.aptnnews.ca/featured/everything-is-going-downhill-athabasca-fort-chipewyan-files-lawsuit-against-alberta-regulator-over-kearl-spill/ 
  14. March 2024: According to information obtained from the Alberta Energy Regulator (AER), from 2010 to 2023, Alberta collected just 71 cents from oilsands operators to put toward cleaning up the vast toxic tailings spread across the landscape and to remediate mine sites. – https://edmontonjournal.com/opinion/columnists/opinion-if-alberta-is-serious-about-energy-project-cleanup-lets-start-with-the-oilsands 
  15. April 2024: The AER adding four new members to its Board of Directors all from the oil and gas industry – alongside the Premier’s Special Adviser, David Yager – https://calgaryherald.com/opinion/columnists/varcoe-aer-appoint-new-chair-stormy-times-regulator 
  16. May 2024: No guarantee from the AER that the $16.5-billion Pathways Alliance carbon capture and storage (CCUS) project will undergo an environmental impact assessment – despite including over 600 km of pipelines & carbon storage area of 18,000 km2. – https://www.cbc.ca/news/canada/edmonton/pathways-alliance-environmental-impact-assessment-1.7205052 
  17. May 2024: Premier’s Review of the Alberta Energy Regulator report released (written by David Yager). The report includes concerning recommendations such as: A) the AER should have stronger linkage to industry, B) the industry-dominated Board of Directors should be more involved in AER management, C) the AER should focus less on its mandate and/or risk, and instead focus more on meeting “industry’s specific needs.” – https://open.alberta.ca/dataset/ce277e16-656b-4cf3-8c4b-6fd1f06ae79a/resource/eca9eb34-d595-4f47-9ae8-d5676154e9a9/download/em-premiers-review-alberta-energy-regulator.pdf 
  18. June 2024: The AER grants Suncor a 1-year extension to renew its Water Act and EPEA approvals for the Fort Hills oil sands mine (until November 2025). This means that the renewal application isn’t needed before the anticipated 2025 start date for mining in McClelland, which removes any hurdles for Suncor to begin mining. – Link? 
  19. June 2024: Alberta government reducing independence of province’s energy regulator: Opposition – https://www.theglobeandmail.com/canada/article-alberta-government-reducing-independence-of-provinces-energy-regulator/
  20. June 2024: Inside Danielle Smith’s Plan to ‘De-Risk’ Fossil Fuel Investments Curiously, it involves skimming from the Alberta Heritage Fund. – https://thetyee.ca/Opinion/2024/06/20/Danielle-Smith-UCP-De-Risk-Fossil-Fuel-Investment-Heritage-Fund/ 
  21. July 2024: The AER offloading its responsibility for insolvency applications to the industry-controlled Orphan Well Association (OWA) – minimizing costs to industry while increasing the risk to Albertans. – https://calgaryherald.com/opinion/columnists/opinion-albertas-energy-regulator-prioritizes-industry-profits-over-taxpayers 
  22. July 2024: The Government of Alberta’s plan to allow companies to buy abandoned oil and gas assets without paying off the unpaid municipal tax debt owed by the previous owner. – https://www.cbc.ca/news/canada/edmonton/oilpatch-unpaid-taxes-1.7263639 
  23. August 2024: “Alberta’s Court of Appeal ruled this week that the Alberta Energy Regulator’s decision… is highly questionable and possibly an error in law.” – https://thetyee.ca/Analysis/2024/08/29/Alberta-Highest-Court-Jams-Smith-Coal-Plans/?utm_source=twitter&utm_medium=social&utm_campaign=weekend_read
  24. August 2024: The AER only charging Imperial $50K for violating approval conditions related to the leak/spill of tailings at its Kearl mine. Despite Imperial earning $1.13 Billion in Q2 of 2024 alone. – https://www.aptnnews.ca/national-news/regulator-issues-penalty-conditions-on-imperial-oil-amid-ongoing-kearl-investigation/ 
  25. August 2024: The AER’s irrational plan for inactive, decommissioned, and orphan wells is based on flawed predictions that expect the conventional O&G industry to be flush with cash in the late 2030s & will end with the AER enforcing regulatory obligations after industry is no longer able to pay – violating the polluter pays principle. – https://ablawg.ca/2024/08/16/the-alberta-energy-regulators-planned-timelines-for-orphan-inactive-and-decommissioned-oil-and-gas-infrastructure/ 
  26. September 2024: The AER’s $50K fine for imperial was 96% lower than it could/should have been – “the legislation and regulations involved allow for an administrative penalty that could have exceeded $1,315,000.” – https://ablawg.ca/2024/09/04/administrative-penalties-at-the-alberta-energy-regulator-regulatory-penalties-for-the-kearl-oilsands-leak/
  27. September 2024: Energy minister says public money could help finance Alberta energy cleanup https://calgaryherald.com/business/energy/energy-minister-says-public-money-could-help-finance-alberta-energy-cleanup 
  28. September 2024: The Alberta government has officially handed back more than $137 million to the federal government after running out of time to spend the cash to clean up old oil and natural gas wells. – https://www.cbc.ca/news/canada/calgary/alberta-orphan-wells-inactive-decommision-1.7324701#:~:text=The%20Alberta%20government%20has%20officially,oil%20and%20natural%20gas%20wells. 
  29. September 2024: Will Danielle Smith Use Albertans’ Pensions to Bail Out Big Oil? The UCP government appears to be ready to let energy companies avoid cleanup costs. – https://thetyee.ca/Opinion/2024/09/18/Will-Danielle-Smith-Albertans-Pensions-Big-Oil/ 
  30. October 2024: Opinion: Alberta’s real addiction: avoiding fair taxation – https://edmontonjournal.com/opinion/columnists/opinion-albertas-real-addiction-avoiding-fair-taxation 
  31. October 2024: Oil-sands mining companies won’t be forced to pay more to ensure money will be available to eventually clean up sites under changes to Alberta’s security-payment rules, according to documents obtained by The Globe and Mail – https://www.theglobeandmail.com/business/article-alberta-oil-sands-companies-wont-be-forced-to-pay-more-to-cleanup-fund/ 
  32. October 2024: The Liabilities Go Up and the Security Stays the Same: The Oilsands Mine Financial Security Program in 2024 – https://ablawg.ca/2024/10/04/the-liabilities-go-up-and-the-security-stays-the-same-the-oilsands-mine-financial-security-program-in-2024/ 
  33. October 2024: Alarm bells raised as Alberta’s refusal to assess dangers of massive oil sands carbon capture project sparks safety concerns – https://environmentaldefence.ca/2024/10/31/alarm-bells-raised-as-albertas-refusal-to-assess-dangers-of-massive-oil-sands-carbon-capture-project-sparks-safety-concerns/#:~:text=%E2%80%9CThere’s%20a%20reason%20the%20AER,the%20risks%20to%20human%20health. 
  34. November 2024: A local First Nation and environmental groups are sounding the alarm after the Alberta government and Alberta Energy Regulator (AER) denied their request to order an environmental impact assessment (EIA) for a massive carbon capture project in Alberta’s oilsands. – https://thenarwhal.ca/pathways-alliance-environmental-assessment/
  35. November 2024: Alberta asks municipalities to name oil companies not paying taxes, reeve says no use – https://edmontonjournal.com/news/local-news/alberta-asks-municipalities-to-name-oil-companies-not-paying-taxes-reeve-says-no-use 
  36. November 2024: Regulator sells out community safety for pennies on the dollar, as Imperial Oil gets 95 per cent “discount” on oil sands spill fine – https://ecojustice.ca/news/regulator-sells-out-community-safety-for-pennies-on-the-dollar-as-imperial-oil-gets-95-per-cent-discount-on-oil-sands-spill-fine/#:~:text=The%20AER%20waited%20more%20than,was%20the%20maximum%20sum%20allowed. 
  37. January 2025: Alberta announces new effort to expand oil and gas pipeline capacity with Enbridge: It’s all part of the United Conservative government’s push to double oil production and increase exports to the United States – https://calgaryherald.com/business/energy/alberta-new-effort-expand-oil-gas-pipeline-capacity-enbridge 
  38. January 2025: First of its kind study shows that the Alberta Energy Regulator (AER) has for decades failed to responsibly monitor and manage the impact of bitumen tailings spills in northeastern Alberta. – https://link.springer.com/article/10.1007/s10661-024-13416-1 
  39. January 2025: New Research Reveals Dereliction of Duty by the Alberta Energy Regulator – https://albertawilderness.ca/joint-letter-new-research-reveals-dereliction-of-duty-by-the-alberta-energy-regulator/ 
  40. January 2025: Alberta government lifts coal mining moratorium, critics concerned it’s ‘open season’ – https://globalnews.ca/news/10969621/alberta-government-lifts-coal-mining-moratorium-aer/ 
  41. January 2025: Timeline of how lobbyists with ties to UCP pushed coal policy rewrite – https://www.stalbertgazette.com/local-news/timeline-of-how-lobbyists-with-ties-to-ucp-pushed-coal-policy-rewrite-10119621 
  42. February 2025: Alberta Energy Regulator names former oil and gas CEO as top executive – https://www.cbc.ca/news/canada/calgary/alberta-energy-regulator-rob-morgan-1.7458602 
  43. February 2025: Joint Statement: Appointing an oil executive as new CEO of the Alberta Energy Regulator shatters any hope for a fair and effective oversight of the industry – https://albertawilderness.ca/joint-statement-appointing-an-oil-executive-as-new-ceo-of-the-alberta-energy-regulator-shatters-any-hope-for-a-fair-and-effective-oversight-of-the-industry/ 
  44. February 2025: New Alberta Energy Regulator CEO comes from a company sitting on 500 inactive oil and gas wells – https://thenarwhal.ca/roundup-alberta-energy-regulator/ 
  45. February 2025: Oil Exec Takes Charge of Alberta Regulator, Stoking Fears of Industry Capture – https://www.theenergymix.com/oil-exec-takes-charge-of-alberta-regulator-sparking-fears-of-industry-capture/ 
  46. February 2025: ‘Extremely disappointed’: Métis community concerns dismissed by AER – Alberta Energy Regulator deems public hearing unnecessary for 68-hectare Coal Valley Mine expansion – https://www.stalbertgazette.com/local-news/extremely-disappointed-metis-community-concerns-dismissed-by-aer-10263658 
  47. February 2025: $9,000 fine for coal mine leak into Alberta river a ‘slap on the wrist,’ critics say – Release spilled 1.1 million litres of mining wastewater into the Smoky River – https://www.cbc.ca/news/canada/edmonton/alberta-coal-river-leak-fine-1.7470360