Imperial Oil is facing nine new charges nearly two years after a catastrophic wastewater spill at the company’s Kearl oil sands mine.
The charges, announced by the Alberta Energy Regulator (AER) Friday, are the latest development in a saga that has exposed leaks, delayed reporting and a strained relationship between the Calgary-based oil producer and the provincial regulator.
The AER is alleging the company failed to report a February, 2023 spill as soon as it became aware of it, releasing a damaging substance to the environment and failing to take all immediate steps to contain it.
In addition, the company is also facing a charge for “causing the loss or damage to public land,” the AER said in a statement.
The incident occurred in the winter of 2023 when 5.3 million litres of tailings-contaminated wastewater overflowed from a catchment pond at the Kearl site, approximately 70 kilometres north of Fort McMurray. According to the AER, Imperial did not take adequate steps to contain or mitigate the damage.
Six of the charges were filed under Alberta’s Environmental Protection and Enhancement Act, with the remaining three under the Public Lands Act. Imperial is scheduled to appear in Fort McMurray court next month.
It’s not the first time the Kearl mine has come under fire. In 2022, the site experienced a tailings seepage that went largely unreported for nine months, leaving First Nations communities and environmental officials unaware of the full extent of the contamination. The AER fined Imperial $50,000 last year for violations related to that release, but questions linger about whether the company and the regulator have taken sufficient steps to prevent future failures.
Indigenous communities downstream of the mine were only informed of the 2022 seepage in February 2023, when the larger berm overflow brought increased scrutiny to the site — when the latest leaks were discovered. Indigenous leaders have subsequently expressed anger over the lack of transparency, particularly as Alberta is required to notify federal authorities of such leaks within 24 hours.
It’s not the first time the Kearl mine has come under fire. In 2022, the site experienced a tailings seepage that went largely unreported for nine months, leaving First Nations communities and environmental officials unaware of the full extent of the contamination.
The AER fined Imperial $50,000 last year for violations related to that release, but questions linger about whether the company and the regulator have taken sufficient steps to prevent future failures.
Indigenous communities downstream of the mine were only informed of the 2022 seepage in February 2023, when the larger berm overflow brought increased scrutiny to the site — when the latest leaks were discovered. Indigenous leaders have subsequently expressed anger over the lack of transparency, particularly as Alberta is required to notify federal authorities of such leaks within 24 hours.
Despite Imperial’s assurances that recent leaks have caused no damage to wildlife or river systems, the company has acknowledged ongoing seepage from the original 2022 incident. Recent groundwater tests have detected contamination within one kilometre of the Kearl mine, raising concerns about the long-term environmental impact.
Imperial claims it has taken steps to address the issues, including expanding its monitoring and pumping systems. “We deeply regret this incident and have made significant changes to prevent a recurrence,” the company said in a statement Friday.
However, critics argue that the delayed reporting of leaks and the AER’s slow response point to broader issues within Alberta’s regulatory framework.
The ongoing leaks have also triggered a federal investigation over the Alberta government’s failure to promptly report the initial seepage to national regulators. That in turn has prompted conservation groups and First Nations have urged Ottawa to take a more active role in overseeing oil sands operations, citing a lack of trust in provincial regulators.
“The delays, the lack of communication, and the continued seepage are unacceptable,” said one First Nations leader. “This is more than just an environmental issue — it’s about protecting our communities and ensuring companies like Imperial Oil are held accountable.”