Opinion Column in Edmonton Journal
Alarming new research confirms that the agency meant to oversee energy development in Alberta is in the pocket of industry.
The paper from Dr. Kevin Timoney, published on Jan. 3, concludes that the Alberta Energy Regulator (AER) is failing to collect credible environmental data, failing to conduct routine inspections, and being dishonest in its reporting of tailings spills in Alberta’s oilsands.
Tailings are a form of toxic industrial wastewater produced during oilsands extraction. As of 2022, tailings ponds in northern Alberta hold more than 1.4 trillion litres of toxic sludge and cover more than 300 square kilometres – nearly triple the size of Vancouver. His study analyzed data from 514 tailings spills reported in the AER’s database that occurred from 2014 to 2023 and compared the reported information against supplemental data on those spills obtained from the AER by a freedom of information request.
Dr. Timoney found that 97 per cent of tailings spills were not inspected by the AER – contradicting the AER’s own claim of routine inspections. The findings also show that for spills where photo documentation is provided, around half of the sites show evidence of environmental harm – refuting claims from the AER that none of the 514 spills caused environmental damage.
This research demonstrates that the AER is failing at its own stated mandate to “provide safe, orderly, and environmentally responsible energy development” – putting ecosystems, Indigenous peoples, and Albertans in harm’s way by letting oilsands operators off the hook for hundreds of tailings spills. This is just the latest example in a mountain of evidence showing that the AER is operating without sufficient public transparency, with minimum accountability, and that it is using its authority to prioritize the interests of the industry it is supposed to be regulating.
In February 2023, 5.3 million litres of wastewater spilled from a storage pond at Imperial’s Kearl mine. Following this news, the AER issued a public notice stating that wastewater had been leaking at the Kearl mine for nearly nine months. Neither the AER or Imperial notified any nearby or downstream Indigenous communities while this leak was occurring.
In August 2024, the AER fined Imperial $50,000 for the Kearl incident. However, this penalty was significantly lower than it should have been, with the AER giving Imperial a 95-per-cent discount on the fine. Experts have demonstrated that the AER had the authority to fine Imperial at least $1.3 million, but the AER opted not to do so. Yet another example of the AER putting the interests of corporations first, while putting communities and ecosystems at risk of harm.
The AER has also recently decided not to require an environmental impact assessment for the Pathways Alliance’s massive carbon capture and storage (CCUS) project proposed for northeast Alberta. This decision was made by the AER despite the Pathways project including over 600 kilometres of pipeline, and an underground storage area of approximately 18,000 square kilometres.
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Taken together, these incidents represent a dereliction of duty by the AER to regulate Alberta’s energy industry in a safe and environmentally responsible manner. As other experts have previously concluded, the AER and its decision-making record bear the hallmarks of a captive regulator, which has “has prioritized its relationship with the oil and gas industry over accountability to the public.”
Perhaps most exemplary of this capture, is that 100 per cent of the AER’s current board members have direct ties to the energy industry. Industry representatives cannot be trusted to regulate themselves, and any entity responsible for making decisions related to Alberta’s public resources should be independent and unbiased.
There is an urgent need for sweeping changes to ensure that the AER prioritizes the health and safety of Indigenous peoples, Albertans, and ecosystems. If they are looking for suggestions on where to start, at a bare minimum, all board members must resign, and new appointments should reflect shared jurisdiction with Indigenous communities and independence from industry.
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Alberta desperately needs a regulator that puts people and the planet before profits.
Phillip Meintzer is a conservation specialist with Alberta Wilderness Association and a member of the Coalition for Responsible Energy