Canada’s federal environment ministry on Thursday opened a formal investigation into a months-long tailings leak at Imperial Oil’s Kearl oil sands mine in northern Alberta, signaling a potential prosecution.
Environment Canada is investigating a suspected contravention of the Fisheries Act, which prohibits the “deposit of a deleterious substance into water frequented by fish,” or any place where such substances could enter fish-bearing water.
Tailings, a toxic mining by-product containing water, silt, residual bitumen and metals, have been seeping from Imperial’s site since last May, angering local Indigenous communities who hunt and fish on the lands downstream of Canada’s oil sands mines.
The federal government has been carrying out inspections of the site since it learned of the leak in early February, when the Alberta Energy Regulator issued an environmental protection order against Imperial.
In a statement, Environment Canada said an enforcement file generally moves from the inspection to investigation stage when officers start collecting evidence for a potential prosecution.
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“In addition to the investigation, officers will continue to monitor the mitigation measures taken by Imperial Oil Ltd to prevent impacts to fish bearing water,” Environment Canada said.
Imperial did not immediately respond to a request for comment.
— Reporting by Nia Williams. Editing by Chris Reese and Aurora Ellis.
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