Recent leaks of toxic tailings from northern Alberta oilsands mines have revealed serious flaws in how Canada and Alberta look after the environment, observers say.

Some accuse the federal government of abandoning the province. Others point to what they call a captive provincial regulator. All agree that there91裸聊视频檚 no way leaks from Imperial Oil91裸聊视频檚 Kearl tailings ponds should have gone unreported for nine months to both Ottawa and Edmonton, as well as the people who live near it.

91裸聊视频淲e have never taken this issue seriously,91裸聊视频� said Martin Olszynski, a University of Calgary resource law professor and former federal regulatory lawyer. 91裸聊视频淭hey have never taken these risks and these threats seriously.91裸聊视频�

Imperial discovered 91裸聊视频渂rown sludge91裸聊视频� near one of its Kearl tailings ponds in May and it became clear over the summer the problem was significant.

However, the Alberta Energy Regulator didn91裸聊视频檛 update First Nations or inform federal and provincial environment ministers about the issue until Feb. 7, when it issued a protection order after a second Kearl release of 5.3 million litres of tailings from a catchment pond. Federal legislation requires Environment Canada to be notified of such leaks within 24 hours.

91裸聊视频淭he biggest learning from this is that the province has oversight and control over what information the federal government is receiving,91裸聊视频� said Mandy Olsgard, a toxicologist who has worked on regulatory issues for the Alberta Energy Regulator and Indigenous groups.

Ottawa joins in the review panels that assess projects then mostly back away, Olsgard said.

91裸聊视频淭hey just hand it off to the province.91裸聊视频�

And then the province hands it off to a regulator that many consider too close to the industry it91裸聊视频檚 supposed to oversee.

91裸聊视频淭his regulator has always thought of its relationship being bilateral, between itself and industry,91裸聊视频� said Nigel Bankes, a retired professor of resource law at the University of Calgary. 91裸聊视频淣ever triangular, never a three-legged stool involving the public.

91裸聊视频淔or me, this (Kearl release) just confirmed all of that.91裸聊视频�

That attitude is pervasive in the provincial government, Bankes said.

91裸聊视频淚t91裸聊视频檚 a general message of don91裸聊视频檛 rock the boat,91裸聊视频� he said. 91裸聊视频淚t permeates the department of energy and it permeates Alberta Environment.91裸聊视频�

A survey conducted in 2021 for Alberta Environment found more than 85 per cent of Albertans had little confidence in the regulator91裸聊视频檚 ability to govern industry, in that case coal. The survey also reported Albertans found the agency reluctant to release information and was not very transparent.

Both federal Environment Minister Steven Guilbeault and his Alberta counterpart Sonya Savage have acknowledged things need to change.

91裸聊视频淲e need to take a step back and say 91裸聊视频榃hat are the processes? Were they followed? And do we need to enhance them?91裸聊视频�91裸聊视频� Savage said this week. 91裸聊视频淲e91裸聊视频檙e committed to taking the step to enhancing all of those processes.91裸聊视频�

91裸聊视频淲e need to find better mechanisms,91裸聊视频� said Guilbeault.

But Marlin Schmidt, the Alberta New Democrat91裸聊视频檚 environment critic, is skeptical.

He said the province and the regulator have already refused to tell him the scope and timeline for the investigation of the leak. Savage wouldn91裸聊视频檛 commit to making the results of the investigation public, Schmidt said, nor would she promise to release results from an internal investigation into whether the regulator followed notification rules.

91裸聊视频淭here91裸聊视频檚 no investigation into what process led to the failure, nor any commitment to improving,91裸聊视频� he said. 91裸聊视频淲e91裸聊视频檙e just shrugging our shoulders and hoping next time things work out better.91裸聊视频�

The Kearl situation shows it can be a mistake for the federal government to 91裸聊视频渉armonize91裸聊视频� regulations with the provinces and delegate oversight to them, Olszynski said.

91裸聊视频淕iven the kind of politics in this province, we could have seen that coming,91裸聊视频� he said. 91裸聊视频淲e should have known that these folks aren91裸聊视频檛 talking very well together, so you might want to rethink these arrangements that depend on them talking together.91裸聊视频�

Olszynski said oilsands operators should now be required to report spills or any other unscheduled releases directly to the federal government.

91裸聊视频淚 think it is time for Environment Canada to take a much more proactive role in tailings management,91裸聊视频� he said.

The Kearl situation has made one thing clear, said Olsgard.

91裸聊视频淚t91裸聊视频檚 made it obvious to the public that there are not good processes between the provinces and the feds.91裸聊视频�

Bob Weber, The Canadian Press

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