Federal actions in the oil sands
The federal government is involved in the Athabasca Oil Sands Region through a variety of activities. These activities are often undertaken in partnership with First Nations and Métis communities as well as the provincial government.
Ambient environmental monitoring
Environment and Climate Change Canada carries out ambient, or background, environmental monitoring across Canada in the areas of air, water, and biodiversity. Monitoring helps us understand environmental conditions, impacts and health, and we use the data in carrying out our legislative responsibilities, and in developing regulations, policies, and programs. We use our network of experts, capacity and infrastructure, to strengthen our monitoring activities and to collaborate across other departments, governments, and with partners more broadly. In the oil sands region, key partners include the Government of Alberta and several First Nations and Métis communities.
Oil sands mine water management
Recognizing the importance of the Athabasca River to Indigenous communities, in 2021, Environment and Climate Change Canada and nine Indigenous communities established a Crown-Indigenous Working Group for the potential Oil Sands Mining Effluent Regulations. This group is exploring options to manage the build-up of oil sands mine water in tailings ponds located in the Athabasca Oil Sands Region.
The Crown-Indigenous Working Group meets regularly and shared an introduction paper for public input in June 2023. A summary of the comments received on the introduction paper can be found here: What We Heard.
Notification and Monitoring Working Group
Environment and Climate Change Canada leads a working group with participation from several First Nations and Métis communities in the Athabasca Oil Sands Region. The Alberta and Northwest Territories governments participate as observers.
The overarching goal is to provide a place for discussion and transparency between the federal government and Indigenous Nations. The work includes identifying improvements to ensure efficiency, effectiveness, transparency and reliability in federal notifications and communications during future environmental emergencies. Environment and Climate Change Canada is also sharing information on its ambient monitoring systems.
Environment and Climate Change Canada’s enforcement role
Enforcement jurisdiction
Protecting the environment is a shared responsibility among the federal, provincial, territorial, and municipal levels of government. It should be noted that federal departments and other orders of government enforce different environmental laws, and a business or individual may be compliant with some laws and regulations but not others.
While the Alberta Energy Regulator is the primary regulator of oil sands activities, Environment and Climate Change Canada is responsible for the administration and enforcement of the pollution prevention provisions of the Fisheries Act, which prohibit the deposit of deleterious (harmful) substances into water frequented by fish or a place where it may enter water frequented by fish.
Enforcement officers routinely conduct inspections throughout the Athabasca Oil Sands Region to monitor for compliance with federal legislation. If enforcement officers find evidence of an alleged violation of the pollution prevention provisions of the Fisheries Act, they will take appropriate action in accordance with the Compliance and Enforcement Policy.
Enforcement actions
Imperial Oil Ltd.’s Kearl Oil Sands Site
In early May 2023, Environment and Climate Change Canada Enforcement opened an investigation into a suspected contravention of subsection 36(3) of the Fisheries Act at Imperial Oil Ltd.’s Kearl Oil Sands Mine. The investigation is ongoing.
In early March 2023, enforcement officers issued a Fisheries Act Direction requiring the company to take immediate action to prevent any seepage from entering fish-bearing waters. Environment and Climate Change Canada continues to assess long-term compliance with the Fisheries Act Direction.