Kearl Oilsands Mine Substance Release

In February 2023, the Alberta Energy Regulator (AER) issued an Environmental Protection Order against Imperial Oil in relation to a release of industrial wastewater from the Kearl oil sands mine. Public disclosure thereafter confirmed that Imperial Oil had informed the AER of leaking substances from the mine in May 2022, but the AER did not disclose this information at the time to the public or potentially affected communities. Section 32 of the Freedom of Information and Protection of Privacy Act, RSA 2000 c F-25 requires public entities – such as the AER- to disclose information to the public where that information relates to a risk of significant harm to the environment or to the health or safety of the public or an affected group of people. This section also requires disclosure where such disclosure is clearly in the public interest. The Clinic monitors the application of section 32 as part of its Access to Information project. In March 2023 the Clinic filed a request for an investigation under the Act with the Information and Privacy Commissioner in relation to whether the AER complied with its obligations under section 32.

This matter is ongoing.