The federal government has officially launched an investigation into Calgary-based Imperial Oil after a tailings leak at its flagship Kearl oil sands mine that could result in charges and potential prosecution under the Fisheries Act..The department of Environment and Climate Change Canada (ECCC) announced the formal investigation into violations of the Act late last week. Subsection 36(3) “prohibits the deposit of a deleterious substance into water frequented by fish, or in any place where the deleterious substance may enter any such water.”. Oil sands tailingsOil sands tailings .In addition to the investigation, department officers will continue to monitor the mitigation measures taken to prevent impacts to fish bearing water, as required by an enforcement order issued on March 10..“As the investigation is ongoing, it would be inappropriate to provide further information on this case at this time,” the it said in a release..That didn’t stop Environment Minister Steven Guilbeault from telling reporters in Ottawa “it means the process is underway to hold the company to account.”.The company said it is cooperating with the investigation and continues to take steps to mitigate impacts of the original spill, which leaked about 5.3 million litres of tailings waste into a local waterway. The company first discovered the leakage in May 2022 and notified the Alberta Energy Regulator but failed to notify affected communities until February of this year..It said its own testing failed to uncover any evidence of damage to fish or wildlife, but subsequent tests revealed the presence of pollutants in local streams..In April, company officials along with representatives from the AER were grilled in Ottawa by the House environment committee..Naturally, environmental groups welcomed the latest developments. Environmental Defence said it expects “Imperial Oil to be prosecuted to the fullest extent of the law.”.Already there are calls for the federal government to step up regulation of the entire oil sands industry. The ECCC was already working on oil sands mining effluent regulations under the fisheries legislation that are due to be released in 2025..Although they are required to be reclaimed under provincial law, tailings ponds along the Athabasca River — not just Imperial’s — hold more than a trillion litres of polluted water and cover a cumulative area about twice the size of the city of Vancouver.
