The AER’s board ordered the review following a pair of incidents, during which the regulator came under fire for a perceived lack of transparency when it came to keeping the public informed about the pollution
. Water tainted with dangerous levels of arsenic, dissolved metals and hydrocarbons seeped from Imperial’s Kearl project, north of Fort McMurray, Alta., beginning in May 2022.
The federal government, Indigenous communities in the region and the public at large were not informed of the leak until months afterwards, when a separate incident at Kearl spilled 5.3 million litres of waste water. First Nations have been especially critical of the response, with some leaders demanding Ottawa step in.
The report noted that Indigenous people interviewed expressed deep concerns that the information they received as the incidents occurred was inadequate. “All respondents expressed significant concern with the gap in communications around the event, especially in the context of one e-mail to a single point of contact to the communities in May 2022 with no additional follow-up until the [environmental protection order] was issued in February 2023,” the report said. “For nine months a developing event with off-site impacts was being managed and no additional communications were formally provided to regional Indigenous and First Nations communities.
The report recommends the AER develop more thorough protocols for communicating to people inside and outside the organization during incidents, including assigning roles for keeping local communities informed. The regulator should also establish systems to verify that Indigenous communities are receiving information, it said.The review did not look into Imperial Oil’s response to the spills.
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