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Progress on commitments in oil sands monitoring, annual report 2013 to 2014

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2. Reporting against key commitments

In the second year (2013 to 2014) of Joint Oil Sands Monitoring (JOSM) implementation activities, progress was made against key commitments and overall objectives of the Implementation Plan, including the areas of: funding; accountable administration and review; adaptive management; and transparent and accessible results.

Table 1: summary of 2013 to 2014 planned budget and expenditure - Environment Canada (EC) and Environment Sustainable Resources Development (ESRD)

Table 2: summary of 2013 to 2014 allocations to monitoring organisations (paid directly by Industry)

2.1 Funding

In the Implementation Plan, the governments of Canada and Alberta committed to working with the oil sands industry to develop a sustainable, ongoing funding arrangement to support the Plan. As articulated in the Implementation Plan, the costs of implementing enhanced environmental monitoring of oil sands development for the three-years (2012 to 2015) are paid for by industry, up to $50 million annually. The oil sands industry members through the Canadian Association of Petroleum Producers (CAPP) worked collaboratively with government to develop a funding formula to allocate monitoring costs to oil sands operators. 

Highlights of 2013 to 2014 commitment on funding:

During the first year of implementation (2012 to 2013), funding was compelled by a Government of Alberta Ministerial Order as a transition measure until appropriate Alberta legislation and regulations were put in place.

In December 2013, the Government of Alberta amended the Environmental Protection and Enhancement Act (EPEA) Act to allow the Minister of Environment and Sustainable Resource Development to create regulations identifying environmental monitoring programs and to assess fees for their support. On December 31, 2013 the Oil Sands Environmental Monitoring Program Regulation (see Appendix B) came into force enabling the collection of monitoring fees from oil sands operators for the Implementation Plan, which were used to fund government-led monitoring activities in year two (2013 to 2014). Since the regulation came into force late in the year, industry continued to be responsible for funding independent regional organisations to monitor the environmental impacts of oil sands activities; this changes in year three (2014 to 2015) as all funding for monitoring activities will be collected and disbursed by the Government of Alberta.

Consistent with the governments' commitment to ensure funding transparency by reporting on expenditure, a total of $48,129,003 of industry funding was earmarked for JOSM (see Tables 1 and 2) in year two. $21,246,363 was spent by governments and a $26,882,640 allocation was provided directly by industry to regional monitoring organizations. Of the $21,246,363 spent by governments, $18,010,579 reimbursed Environment Canada monitoring expenses and $3,235,784 funded Alberta's Environment and Sustainable Resources Development monitoring activities.

A summary of 2013to 2014 budget allocations and expenditure is provided in Tables 1 and 2, for further details please see Appendix C.

Table 1: summary of 2013 to 2014 planned budget and expenditure - Environment Canada and Environment Sustainable Resources Development
2013 to 2014 budget summary (Government)
  Planned Expenditure Variance
EC $20,556,077 $18,010,579 $2,545,498
ESRD $3,825,563 $3,235,784 $589,779
Total $ 24,381,640 $21,246,363 $3,135,277

 

Table 2: summary of 2013 to 2014 allocations paid directly by Industry to monitoring organisations (WBEA, LICA, ADMI, EMCLA, RAMP)
2013 to 2014 budget summary (Monitoring organizations)
Wood Buffalo Environmental Association (WBEA) $13,828,887
Lakeland and Industry Community Association (LICA) $923,150
Alberta Biodiversity Monitoring Institute (ABMI) $6,628,500
Ecological Monitoring Committee for the Lower Athabasca (EMCLA) $770,000
HATFIELD/Regional Aquatics Monitoring Program (RAMP) $4,732,103
Total $26,882,640

As previously stated, regional monitoring organisations received funding directly from industry for the 2013 to 2014 fiscal year, therefore, this report does not present information on expenditure by regional monitoring organisations for the 2013 to 2014 fiscal year as this falls under the purview of industry.

2.2.1 Alberta's legislative and regulatory changes

Industry is required by provincial and federal regulations to monitor source emissions and other environmental impacts resulting from their operations to demonstrate that their facilities are in compliance with predefined performance objectives. Much of this type of information has been collected by independent monitoring organizations; however, these responsibilities will be transitioned to government.

To facilitate this change, in December 2013 the Government of Alberta passed the Protecting Alberta's Environment Act (see Appendix D) creating the Alberta Environmental Monitoring, Evaluation and Reporting Agency (AEMERA). The legislation established AEMERA as the provincial organization responsible for environmental monitoring in Alberta. The Agency is governed by a board of directors, operated by a CEO, and accountable to the Minister of Environment and Sustainable Resource Development. The AEMERA mandate is to provide open and transparent access to scientific data and information on the condition of Alberta's environment, including specific indicators as well as cumulative effects, both provincially and in specific locations. When AEMERA was proclaimed on April 28, 2014, it became responsible for leading the province's involvement in Joint Oil Sands Monitoring.

Prior to the creation of AEMERA, much of the accountability for ambient/effects monitoring was through the regulatory system i.e. mandates in approvals, executed either by individual approval holders, or through third party monitoring organizations on behalf of industry. These approval clauses establish objectives for both general regional monitoring and ambient/effects monitoring that may be detectable from individual facility operations.

2.2.2 Joint management of monitoring program

In the Implementation Plan, the two governments jointly committed to delivering integrated, credible and transparent monitoring of the environmental impacts of oil sands development in a manner consistent with both Canada and Alberta's approach to monitoring.

The plan also indicates that monitoring arrangements will be rationalized and integrated into a single, government-led program under the joint management of the two governments. Implementing common approaches to the planning of monitoring activities is a key step towards achieving a single government-led environmental monitoring system. A collective, integrated planning cycle was presented to stakeholders at the June 2013 multi-stakeholder forum in Edmonton, Alberta. Multiple planning processes led by independent organizations were replaced by a single, integrated, government-led monitoring planning process during year two (2013 to 2014) and a fixed fiscal year (April 1 to March 31) was established for all participants to be adopted by year three (2014 to 2015).

A revised JOSM governance structure introduced media-specific, multi-stakeholder Component Advisory Committees (CAC) that were designed to better solicit and incorporate multi-stakeholder perspectives into the integrated planning process.  The CACs were launched and provided with approved Terms of Reference (see Appendix E), and Component Leads from both governments were appointed to chair the CACs.

As required under the Terms of Reference, the CACs successfully recommended monitoring plans to achieve the JOSM objectives based on commitments made by the Government of Canada and the Government of Alberta, and these plans were approved by the JOSM co-Chairs (see Appendix F). Nevertheless, a review of the 2013-2014 CAC planning process indicated that the CAC approach could be improved and, specifically, would benefit from: more focus on scientific and technical aspects of monitoring; establishing a more regular and consistent schedule for planning meetings; and,  a consistent approach across all CACs. These suggestions are being implemented during year three (2013 to 2014) for 2015 to 2016 work planning activities.

Systemic changes made under JOSM governance and planning presented some challenges to regional monitoring organisations as they worked to align their respective processes and timelines with the new system.

Activities implemented under this commitment help support the JOSM objectives of sound decision-making, transparency and science-based monitoring.

2.2.3 Engagement

The governments of Alberta and Canada committed to jointly engage with Aboriginal Peoples, industry, scientists, and stakeholders to provide information, and to seek and incorporate stakeholder advice into JOSM planning.

In 2013 to 2014, the two governments invited representatives of First Nations and Métis organizations, industry, monitoring organizations in Alberta, as well as other governments, etc., to participate in various JOSM engagement activities. To support a coordinated and consistent engagement approach, an Engagement Strategy (currently in draft form) that outlines key JOSM strategies for engaging stakeholders including objectives, priority audiences and areas of focus as well as tactics and tools was initiated. In year two, the main engagement activities included:

2.2.3.1 Multi-stakeholder forums

The JOSM Multi-stakeholder Forums is one mechanism, through which the governments of Canada and Alberta share information and seek feedback from stakeholders on implementation progress including: monitoring results and priorities, data management, as well as engagement activities. The Forums brought together representatives from the three levels of government, oil sands industry, First Nations, Métis Organisations, non-governmental organisations, and academia.

In the second year of the Implementation Plan, two multi-stakeholders forums were held in June and December, 2013 respectively (see Appendices G and H). Highlights from the multi-stakeholder sessions include information sharing through presentations to stakeholders on the changing governance in monitoring of the oil sands region and the progress on implementation activities of the media components, as well as gathering stakeholder perspectives on improving monitoring and integration across the media. These forums have been an effective means of informing and engaging a diverse group of stakeholders. Based on lessons learned from stakeholder feedback and post-forum surveys, multi-stakeholder forums have been adapted to provide information on implementation activities and opportunities for stakeholder input; technical/science-based discussions now take place primarily at the CACs.

These activities and changes support the objectives of sound decision-making, transparency and science-based monitoring. A multi-stakeholder forum was held in June 2014 and another one is planned for December 2014.

2.2.3.2 Aboriginal engagement

In the Implementation Plan, the governments of Canada and Alberta committed to the delivery of a monitoring program based on the principles of inclusion of Traditional Ecological Knowledge (TEK) and the establishment of appropriate mechanisms to incorporate advice from Aboriginal peoples. Progress has been made on this commitment, but challenges still exist.

In 2013 to 2014, JOSM officials met with representatives of First Nations and Métis Organizations on several occasions to discuss information on JOSM, its connection to the provincial system, Aboriginal participation in JOSM, and First Nations and Métis environmental concerns.

Representatives of some First Nations and Métis organizations communicated their desire for meaningful participation in JOSM and expressed interest in:

To address the interests expressed by representatives of First Nations and Métis organizations,  the governments of Canada and Alberta proposed a three-pronged approach including:

Discussions on further developing the proposed ideas in collaboration with the Aboriginal communities in the oil sands region are ongoing. However, to date, no agreement has been reached on the inclusion of TEK into the Joint Oil Sands Monitoring program.

The governments of Canada and Alberta remain committed to working with representatives of Aboriginal Peoples to foster openness, transparency, and credibility in the monitoring system, by the continued sharing of information with communities about the work done through the joint monitoring program.

2.2.3.3 Aboriginal training and participation in monitoring activities

In the Implementation Plan, the governments of Canada and Alberta committed to the training and participation of members of local communities in monitoring activities.

The governments, in collaboration with Mikisew Cree First Nation and Athabasca Chipewyan First Nation, provided training opportunities to Fort Chipewyan community members. In May 2013, an Environmental Monitor Training Program trained First Nations and Métis individuals in basic monitoring techniques, such as contaminants and water monitoring, wildlife collections, and tissue preparations for trace contaminant analysis. The delivery of federal upland Species-at-Risk monitoring trained Aboriginal participants to assist in auditory recording devices at sites and gathering data. Training to support sediment sampling in the Peace-Athabasca Delta was also provided to Smith Landing First Nation, Fort Smith NWT. These courses helped to equip Aboriginal persons with the skills to become involved in existing scientific studies and/or design their own monitoring programs.

Aboriginal persons directly participated in monitoring activities in support of 2013 to 2014 work plan activities.  Graduates of the Environmental Monitoring Training Program were engaged as part of the Winter/Spring Atmospheric Contaminant Snow Survey. An Air Quality Monitoring Site is in operation through an agreement with the Fort McKay First Nation. Several Aboriginal community members were engaged to deliver components of the Wildlife Contaminants and Toxicology monitoring including Mikisew Cree First Nation, Athabasca Chipewyan First Nation, and Deninu K'ue First Nations, and several Métis locals.

Governments continue to seek collaborative opportunities for training and capacity building within Aboriginal communities.

2.2.3.4 Industry engagement

A government-industry Transition Working Group (TWG) was established in the first year of JOSM (2012 to 2013) to provide industry an opportunity to inform the governments about their practices and perspectives on the regional environmental monitoring that was compelled by regulatory requirements and would be transferred to a single government-led process as part of the Implementation Plan.  In the second year (2013 to 2014), the TWG held a series of meetings, with discussions and recommendations focused on requirements for transitioning industry's ambient monitoring responsibilities to government in preparation for government leadership of the JOSM program. These ongoing discussions helped identify clauses related to regional, ambient/cumulative effects monitoring,and ensure ambient monitoring and facility performance monitoring are complementary rather than duplicative. Industry approval holders continue to be accountable for all regulatory requirements not transferred to AEMERA.

Activities under JOSM engagement support the objectives of sound decision-making by governments and stakeholders, transparency as well as science-based monitoring.

Highlights of commitment on accountable administration and review:

2.3 Adaptive management

Consistent with adaptive management, plans and activities have evolved to reflect lessons learned and experience gained from the initial work, as well as discussions with JOSM participants. A key lesson learned from the June and December multi-stakeholder forums in JOSM's second year (2013 to 2014) was that the forums were better suited for sharing information with a large group of people than for meaningful engagement on technical/monitoring planning. This learning contributed to adapting the CACs into entities that are largely technical in nature to facilitate the development of monitoring plans that achieve the objectives of the Implementation Plan. Stakeholder feedback from the December 2013 multi-stakeholder forum and learnings from evaluating program activities identified groundwater and wetlands as potential areas in the monitoring system for expanding the scope of monitoring work and these have been captured as part of approved work in year three monitoring plan.

Adaptive management of the JOSM program helps achieve the objective of enhancing science-based monitoring to better understand cumulative effects in the oil sands region.

Highlights of commitment on adaptive management:

2.4 Transparent and accessible results

The Implementation Plan commits to providing open, transparent access to monitoring data within a data management framework that allows information to be uploaded, organized and publicly-available in a timely, standardized, and coordinated manner.

To ensure a consistent approach to the dissemination of JOSM data, information and results, all JOSM participants are expected to comply with the Data Sharing and Information Release Protocol released in December 2013 (see Appendix I). The Protocol continues to evolve with experience and will be fully operational in year three (2014 to 2015).

The JOSM program presently relies heavily on monitoring organisations for data management, including quality assurance and storage, with data collected through monitoring activities by delivery organisations available through the respective organisations' websites.

On April 22, 2013, federal Environment Minister Peter Kent and Alberta Environment and Sustainable Resource Development Minister Diana McQueen launched the Canada-Alberta Oil Sands Environmental Monitoring Information Portal. The Portal provides transparent access to monitoring data, which are posted as they become available, and information related to the Implementation Plan, including maps of the monitoring region and details of the monitoring sites. Feedback from stakeholders is informing improvements to the Portal, such as an improved search function, that will be implemented in year three (2014 to 2015).

Monitoring data and information collected under JOSM by government is available on the JOSM web portal and via original data sources. The first (2012 to 2013) JOSM Annual Report was released and posted on the JOSM Portal. Links to JOSM data can be found at the following locations:

Going forward, implementation of the Data Management Framework will facilitate a single web-entry point to all JOSM-generated data, including data from delivery organisations. Continued improvements to the web portal will include additional data access, search features, and further alignment with the Government of Canada and Government of Alberta Open Data programs.

Work done under data management in year two contributed to ensuring transparency through providing accessible, comparable and quality-assured data.

Highlights of commitment on transparent and accessible results:

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2017-08-18