Legal Tips And Information

Balancing Environmental Protection and Development

of Oil and Gas Industry Tricky

One issue that has gained more and more public attention in recent years is the protection of the environment. As a province endowed with rich oil and gas resources, Alberta has to deal with oftentimes conflicting interests related to the continuous development of the oil and gas industry and the need to preserve the environment. Obviously, finding the right balance between these interests can be tricky.

In late April this year, residents of Alberta and people across Canada and the world have expressed grave concerns about the demise of about 500 ducks that landed on a toxic waste pond in an oil sands operation in northern Alberta. In September this year, another environmental disaster claimed the lives of some 500 more ducks and swallows when the birds landed at an out-of-service conventional oil well in southeastern Alberta. Critics say that these unfortunate incidents showcase the government’s inability to monitor even basic environmental safeguards.

Generally, the province, rather than the federal government, has jurisdiction over natural resources and pollution in the province. The purpose of Alberta’s Environmental Protection and Enhancement Act is “to support and promote the protection, enhancement and wise use of the environment.” The Act recognizes that “the protection of the environment is essential to the integrity of the ecosystems and human health and to the well-being of society.” Similarly, the Act recognizes “the need for Alberta’s economic growth and prosperity in an environmentally responsible manner and the need to integrate environmental protection and economic decisions in the earliest stages of planning”. The Act also states that it is the shared responsibility of all Albertans to ensure the protection, enhancement and wise use of the environment through individual actions.

The Act gives the provincial Minister of the Environment the power to do any act necessary to promote the protection and wise use of the environment for the benefit of the residents of Alberta and future generations. However, the recent environmental incidents have caused some to question the ability of Alberta Environment to monitor compliance with the Act. The Act it self is a wide-ranging piece of legislation that covers an array of matters, including environmental assessments, release of substances, potable water, pesticides, waste management, and enforcement.

class=Section2>

According to the Act, any spill, release or emergency that could harm the environment must be immediately reported to Alberta Environment. Likewise, those who cause or permit the release of the substance into the environment are also duty-bound to take remedial measures. One of the issues that has emerged with regard to the 500 dead birds in northern Alberta last April is that the incident was not immediately reported by the oil sands operator. Rather, reports say that the government was alerted to the incident by a tipster. The operator could also face charges for failing to keep the migratory birds off the tailings ponds. These tailings pond hold a toxic mixture of clay, water, sand, hydrocarbons and heavy metals that is left over after water washes oil our of sand in the oil sands extraction process.

The Alberta government is investigating the matter. If found guilty, the oil sands operator could be fined a maximum of $1 million. Some environmentalists, however, say that the monetary penalty is too small compared to the billion of dollars in profits that oil companies make. Thus, the critics say, there is no real impetus for these companies to comply with the Act. Aside from the provincial government’s investigation, Environment Canada has also opened a probe into the duck deaths since ducks are protected under the federal Migratory Birds Convention Act.

Even as the debate over development vs. environmental protection continues, it has been noted that the public has come to play a bigger role in environmental decision-making on various fronts including pollution. This could be seen as a welcome development and public participation may help find the balance between reaping the economic benefits of Alberta’s oil and gas resources and protecting the environment.

Krushel Farrington is a local Lethbridge law firm.

#3, 1718 - 3rd Avenue South, Lethbridge, Alberta.

Phone number: 320-4666