Oil Sands Mines in the Athabasca region of northeastern Alberta currently have no federal authorization to release wastewater from their operations. Subsection 36(3) of the Fisheries Act prohibits the deposit of deleterious substances into waterbodies that are frequented by fish, unless authorized by regulations. There is currently no regulation for oil sands mines under the Fisheries Act, therefore oil sands mining operations are subject to the section 36(3) general prohibition. While tailings water is not currently released to the receiving environment, provincial regulators do allow for releases of other site industrial wastewaters.
In 2020, approximately 479.3 billion liters (479 Mm3) of water was held by oil sands tailings ponds and mine facilities, while total fluid tailings volumes were estimated at 1.4 trillion liters (1400Mm3).1 Environment and Climate Change Canada (ECCC) and indigenous communities are exploring options for managing oil sands mine water (OSMW), to reduce the risks of continued tailings growth during operations and allow for future reclamation of mining sites.
The options being looked at include potential regulations that would authorize release of treated water from oil sands mining operations under strict conditions that are protective of the environment. Regulatory development is in the early stages, however the Government of Canada is exploring effluent quality standards, including rules related to limits on harmful substances and toxicity, as well as conditions on testing, monitoring and reporting of releases.
The Crown-Indigenous Working Group (CIWG) was established by Environment and Climate Change Canada and indigenous communities to inform the potential development of oil sands mining effluent regulations under the Fisheries Act. Indigenous groups on the CIWG have expressed serious concerns with any releases of effluent from oil sands operations, and the potential for impacts to the environment and to their treaty and Aboriginal rights.
The CIWG is therefore exploring alternatives to effluent release; namely whether the reduction of OSMW held by tailings ponds can be achieved in whole or in part without the release of treated oil sands mining effluent to the Athabasca River or to its tributaries. Understanding alternatives to release of treated oil sands mine waters (OSMW) is the highest priority activity for some of the participating Indigenous communities of the CIWG.
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