On September 4, 2020, an environmental watchdog created under the North America Free Trade Agreement (NAFTA) exposed that toxic waste from the tar sands had been leaking from storage ponds for decades — and both the industry and federal government were aware of it. The watchdog, called the Commission for Environmental Cooperation, noted that despite apparent violations of Canada’s Fisheries Act, no oil company has faced legal consequences for these toxic leaks.
Four years later, the federal government has yet to lay charges against any of the oil companies responsible for leaking tailings ponds.
The tar sands’ toxic tailings grabbed national attention again last year when millions of litres of contaminated wastewater from Imperial Oil’s Kearl Mine spilled onto Indigenous lands. The incident also exposed a separate leak from the same mine that had been ongoing for nine months. Shockingly, Imperial Oil hadn’t informed either the nearby Indigenous communities or the federal government.
The Kearl disaster sparked widespread outrage. Members of Parliament summoned Brad Corson, Imperial Oil’s CEO, to Ottawa for questioning, and a federal investigation was announced in May 2023. Yet to this day, Imperial Oil hasn’t faced federal charges for the spill or the cover-up. Recently, the Alberta Energy Regulator levied a meaningless $50,000 criticized as a “rounding error” against the company, a grossly inadequate consequence for the damage done.
In response to the ongoing crisis, Environment and Climate Change Minister Steven Guilbeault recently announced a 10-year health study to investigate how the tar sands are affecting downstream Indigenous communities — something those communities have long called for. This comes a few months after the government agreed to look into the risks of naphthenic acids, a major source of toxicity found in the tailings.
These efforts are crucial, but they won’t undo the years of damage from weak enforcement of Canada’s environmental laws, nor will they stop the ongoing harm.
As the studies progress, toxic tailings will keep seeping into the environment, allowing polluters to escape accountability. At a conservative estimate of 11 million litres of seepage per day, 40 billion litres of toxic fluid could enter the surrounding environment by the time the health study concludes. For the Indigenous communities living downstream, the situation is already dire. Another decade of inaction could be catastrophic.
Why do the tar sands seem to avoid penalties when other industries, such as coal and metal mining, face fines and legal action for polluting fresh water? The Fisheries Act is clear: it's illegal to put toxic substances into fish-bearing waters, or anywhere they might reach such waters.
For example, in 2017, Meadowbank Gold Mine was fined $50,000 for not reporting a tailings leak near a fish-containing water body. Similarly, Teck Coal Limited has faced multiple charges under the Fisheries Act for contaminating streams and rivers, with recent charges coming in July 2024.
Imperial Oil must face charges and fines for the Kearl mine disaster. But it isn’t the only oil company contaminating the Athabasca watershed. According to the Commission for Environmental Cooperation, Syncrude’s Aurora Settling Basin has leaked an astonishing 785 million litres of contaminated wastewater over its 20 years in operation — that’s 39.25 million litres every year from one pond.
To remedy this issue, the government must make more proactive inspections. Oilsands mines face inspections less frequently than metal mines — just once every 2.4 years on average. Most inspections happen after problems are reported, rather than through regular, preventative checks. In short, inspections only start once a company’s toxic waste has become someone else’s problem.
Canada needs to step up inspections and hold oil companies accountable for their irresponsible waste management practices, just as it does with other industries. Without hitting them where it hurts — in their wallets — oil companies won’t change. Both at home and abroad, Canada can’t look serious about protecting its citizens from pollution if it keeps letting companies in the tar sands operate unchecked.
Alienor Rougeot, Climate and Energy Program Manager, Environmental Defence.
Comments
Great report.
It would serve the planet, the people, and by extension the party if the government got busy, prove this is serious business and begin laying charges.
"… despite apparent violations of Canada’s Fisheries Act, no oil company has faced legal consequences for these toxic leaks. Four years later, the federal government has yet to lay charges against any of the oil companies responsible for leaking tailings ponds."
The "bad actors in the oilsands" include the federal government.
There are no good actors in the oilsands.
The oilsands is a disaster for the environment, wildlife, indigenous communities on the frontlines of development and downstream, and for democracy.
Every oilsands company is a major polluter. Every tailings pond is in contravention of the law, each and every day. Every oilsands company grossly under-reports its emissions — of all types. Every oilsands company opposes serious climate action.
The oilsands operators and its enablers — banks, insurers;governments, industry-captured politicians and political parties of all stripes;regulators, the courts, the RCMP; the legions of industry cheerleaders, apologists, and drum-beaters in the media; the network of extractionist think tanks; scientists and engineers engaged in oilsands and fossil fuel R&D; ENGO collaborators; indigenous communities promoting fossil fuel development — are all bad actors by definition.
As are the consumers and citizens who support the fossil-fuel economy. Including entitled environmentalists who continue to drive and fly. The millions of climate activists and concerned citizens who fail to connect the dots between their frequent-flier jaunts around the world and the smokestacks and toxic tailings ponds in northeastern Alberta's "sacrifice zone".
Let us not forget the academics and pundits who line up to endorse the "climate-sincere" Liberals and their plans to fail on climate before every election — but remain curiously silent while we choke on wildfire smoke.
As is becoming painfully obvious, we all live in the sacrifice zone.
"Canada can’t look serious about protecting its citizens from pollution if it keeps letting companies in the tar sands operate unchecked."
That's the whole idea.