Head of Alberta's energy regulator apologizes for handling of Imperia Oil's Kearl tailings leak

The president of Alberta's energy regulator apologized Monday for how the agency handled an oilsands tailings pond leak at an Imperial Oil mine that wasn't publicly disclosed for nine months.

Laurie Pushor — president and CEO of the Alberta Energy Regulator — testified before a parliamentary committee in Ottawa examining the ongoing leak at the Kearl oilsands mine north of Fort McMurray.

Pushor was called to explain why it took nine months to tell First Nations and the federal and provincial governments that wastewater from a tailings pond was seeping into the environment.

"It is clear that neither Imperial nor the AER met community expectations to ensure they are fully aware of what is, and what was happening. And for that I am truly sorry," Pushor said.

He didn't answer repeated questions about when the Alberta government was told about the leak. He told the environment and sustainable development committee his answers could jeopardize a third-party investigation launched by the regulator.

Pushor instead offered an apology, a pledge to investigate and a promise to improve how the watchdog operates. He faced pointed questions about how the AER will repair its credibility and address allegations that it tried to cover up the tailings leak. 

Pushor was compelled to take a formal oath before testifying — the only witness to do so in the first three days of the hearing.

The delayed reporting has led to calls for an overhaul of Alberta's regulatory system and questions about how the province monitors toxic tailings ponds.

Tailings are the waste of the oilsands extraction process — a byproduct of separating bitumen from clay, sand and silt.

As of 2020, tailings ponds and related structures in Alberta covered an estimated 27,000 hectares, holding 1.4 trillion litres – equivalent to more than 560,000 Olympic-sized swimming pools.

The committee hearing is one of three current investigations into two tailings leaks at Kearl. The others are the AER's internal investigation and a probe started by Alberta's information commissioner, which will examine whether the regulator had a duty to immediately inform the public.

The first sign of a problem at Kearl came in May 2022, when a discoloured sludge was outside the boundaries of one of the tailings ponds.

The AER was notified but neither the regulator nor Imperial Oil told downstream First Nations until February of this year, after a separate spill of 5.3 million litres overflowed a containment pond at the site.

On Monday, Pushor confirmed that AER was informed of the first leak in May 2022. An inspector directed Imperial to find the source of the contamination and undertake regular testing, he said.