Varcoe: AER on hot seat as MPs hold hearings into Kearl oilsands leak

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‘One of many clearest classes from this disaster at Kearl is it has reconfirmed that the AER is a captured regulator that’s merely not a trusted associate in defending federal pursuits in our group,’ stated Billy-Joe Tuccaro, chief of the Mikisew Cree First Nation

Printed Apr 17, 2023 • 4 minute learn

A tailings pond at Imperial Oil’s Kearl oilsands operation north of Fort McMurray on Feb. 25, 2023. Photograph by Nicholas Vardy /Athabasca Chipewyan First Nation

Federal MPs performed hearings on Monday into the spill and seepage of commercial wastewater on the Kearl oilsands mine, however it was a provincial company that discovered itself within the crosshairs of the nationwide debate — the Alberta Vitality Regulator.

The opening day of hearings by the parliamentary committee on the surroundings and sustainable growth into the spill on the Kearl challenge — operated by Imperial Oil — heard from a lot of leaders from close by First Nations and Metis communities about its impact.

Group leaders spoke about how they first discovered of the seepage of wastewater on the web site many months after it was found final yr, and the way they weren’t knowledgeable of the problem till February.

In addition they spoke about their underlying issues in regards to the administration of oilsands tailings ponds, the necessity for larger session with Indigenous communities and a rising distrust towards the provincial power regulator.

“One of many clearest classes from this disaster at Kearl is it has reconfirmed that the AER is a captured regulator that’s merely not a trusted associate in defending federal pursuits in our group,” stated Billy-Joe Tuccaro, chief of the Mikisew Cree First Nation.

The committee hearings in Ottawa have been referred to as as questions have swirled across the response by Imperial and the AER, together with the provincial and federal governments, to 2 separate releases of wastewater on the oilsands mine over the previous yr.

Final Could, officers with Imperial Oil noticed discoloured wastewater — containing arsenic, hydrocarbons and dissolved iron — that seeped from its exterior tailings space on the mine, and notified the province’s power regulator.

The Calgary-based built-in petroleum producer instructed seven communities in regards to the preliminary discovery, however didn’t correctly inform them about it. It has since apologized for its communication.

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In late January, about 5.3 million litres of wastewater overflowed from a course of water drainage pond on the oilsands mine, which led the AER to challenge an environmental safety order (EPO) on Feb. 6, and close by communities to study of the preliminary seepage.

The corporate has acknowledged that launched fluids didn’t enter any waterways, and there haven’t been any results on ingesting water or wildlife.

Final week, the AER stated impartial third-party assessments earlier this month confirmed the continuing presence of hydrocarbons and naphthenic acids in a water physique on the sting of the Kearl lease, however there’s no indication of any change in ingesting water high quality and no hostile results to wildlife or fish.

“We have now people who find themselves scared to drink their water,” Tuccaro instructed the committee.

“We’re merely asking for certainty — certainty that these leaking tailings ponds will likely be totally cleaned up and that no contaminants that will pose any dangers to our well being and livelihoods will attain our conventional meals and ingesting water.”

Chief Allan Adam of the Athabasca Chipewyan First Nation (ACFN) referred to as it “absurd and appalling” that details about the preliminary seepage wasn’t disclosed for a number of months.

He believes First Nations needs to be a part of environmental overview panels for initiatives within the space, as an alternative of being requested to make submissions and provides proof to such our bodies.

“The AER in Alberta is a joke. A whole joke,” he instructed MPs.

“I’m asking for a seat on the desk to make the choices; both we give the inexperienced gentle, or we give nothing.”

Chief Allan Adam of the Athabasca Chipewyan First Nation (ACFN) speaks to media from Acden’s main office in Fort McMurray on March 2, 2023. — Chief Allan Adam of the Athabasca Chipewyan First Nation (ACFN) speaks to media from Acden’s essential workplace in Fort McMurray on March 2, 2023. Vincent McDermott/Fort McMurray At this time/Postmedia Community

Imperial Oil CEO Brad Corson will seem on the committee on Thursday. AER chief govt Laurie Pushor has additionally been invited to look on the hearings this month.

Officers with the regulator listened to Monday’s hearings. Indigenous leaders “spoke courageously and brazenly on their issues with a large number of essential issues, together with business impacts of oilsands on their lands and peoples,” Pushor stated in an announcement.

“I will likely be personally showing earlier than the committee in Ottawa on April 24 to handle these inquiries to the very best of my capability.”

The regulator has maintained that beneath provincial guidelines, it’s the corporate’s obligation to report such releases to affected communities.

Final month, the AER unveiled plans to rent a 3rd social gathering to look at points across the notification of Indigenous communities and different stakeholders, pledging outcomes will likely be made public “to display that the regulator is each credible and reliable.”

There’s quite a lot of bridge-building to be carried out.

“I’m not anticipating a lot change from a captured regulator to be trustworthy . . . It’s crucial that we’ve federal oversight of those points that affect individuals,” stated Daniel Stuckless, interim director of administration for the Fort McKay Metis Nation.

“I believe you should scrap it and construct it again.”

Russell Noseworthy, who works for the Fort McMurray Metis Native 1935, questioned what actions the AER will take to enhance communications with communities within the area.

“There’s a query across the neutrality of the regulator in Alberta. And so we’d like assurance that the regulator is regulating correctly,” he stated.

A tailings pond at Imperial Oil’s Kearl Lake oilsands operation north of Fort McMurray on Feb. 25, 2023. Photograph by Nicholas Vardy /Athabasca Chipewyan First Nation

Federal MPs additionally expressed dismay and took the chance to fireside just a few photographs towards the province’s power regulator.

“As an Albertan, I’m sickened by the testimony that I’ve heard right now,” stated Heather McPherson, the MP for Edmonton Strathcona.

Calgary Centre MP Greg McLean famous the AER is a quasi-judicial physique arrange by the province and he advised its reporting mechanisms aren’t clear.

“Public discover is one factor, however getting straight concerned with the communities which are affected would have been far more efficient,” he stated.

“That is clearly a breach of a system, a breach of communication — one thing that hasn’t gone proper right here.”

That’s abundantly clear.

Now, it’s time to listen to from the AER management about what went improper, and the way it’s going to handle these mounting issues.

Chris Varcoe is a Calgary Herald columnist.

cvarcoe@postmedia.com

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