Dr. Kevin Timoney’s research shows AER in pocket of the industry it self regulates, which was clear decades ago: In 2004, AER let Encana/Ovintiv illegally frac a community’s drinking water aquifers while punishing harmed Albertans, violating charter rights and engaging in fraud to cover-up the toxic crimes; in 2007, when it was EUB, AER was caught “repulsively” spying on innocent Albertans and violated client-solicitor privilege. Courts have ruled AER owes “No Duty of Care” to any Albertan, and is legally immune, even for violating Canada’s charter.

Cartoon from the last page of retired Justice Perras’ report on the AER’s spying scandal in 2007. EUB was ERCB. After the spying scandal, Alberta gov’t changed AER’s lying and law-violating spots back again to ERCB, then changed them to AER after Ernst lawsuit against them went public.

Some of the comments:

Al Davidson:

The AER is a department filled with failed conservative politicians and oil executives, it’s NOT an environmental watchdog.

Ron Small:

Yet another example of the AER putting the interests of corporations first, while putting communities and ecosystems at risk of harm.

Perhaps most exemplary of this capture, is that 100 per cent of the AER’s current board members have direct ties to the energy industry

The AER are controlled by Danielle Smith’s office and it is no coincidence that all of their board members have an interest in the oil and gas industry.

More corrupt, conniving and manipulation from Smith who tells the AER what to say and do. She should be charged with corruption and contempt and meddling in public consultation.And for betraying Canada and all Canadians serving a rapist convicted felon insurrectionist in orange make up, and the dying oil and gas industry (still intent on destroying earth’s livability), instead of Albertans. A quisling oil patch maid.

Expect the same results from the Coal mine inquiry when it will be announced that Alberta is going to allow Robin Campbell and the company he lobbies for to start mining coal in Alberta.

Opinion: Alberta needs an energy regulator that puts people before profits by Phillip Meintzer, Jan 15, 2025

Alarming new research confirms that the agency meant to oversee energy development in Alberta is in the pocket of industry.

The paper from Dr. Kevin Timoney, published on Jan. 3, concludes that the Alberta Energy Regulator (AER) is failing to collect credible environmental data, failing to conduct routine inspections, and being dishonest in its reporting of tailings spills in Alberta’s oilsands.

Tailings are a form of toxic industrial wastewater produced during oilsands extraction.

His study analyzed data from 514 tailings spills reported in the AER’s database that occurred from 2014 to 2023 and compared the reported information against supplemental data on those spills obtained from the AER by a freedom of information request.

Dr. Timoney found that 97 per cent of tailings spills were not inspected by the AER – contradicting the AER’s own claim of routine inspections. The findings also show that for spills where photo documentation is provided, around half of the sites show evidence of environmental harm – refuting claims from the AER that none of the 514 spills caused environmental damage.

This research demonstrates that the AER is failing at its own stated mandate to “provide safe, orderly, and environmentally responsible energy development” – putting ecosystems, Indigenous peoples, and Albertans in harm’s way by letting oilsands operators off the hook for hundreds of tailings spills. This is just the latest example in a mountain of evidence showing that the AER is operating without sufficient public transparency, with minimum accountability, and that it is using its authority to prioritize the interests of the industry it is supposed to be regulating.

In February 2023, 5.3 million litres of tailings spilled from a storage pond at Imperial’s Kearl mine. Following this news, the AER issued a public notice stating that tailings had been leaking at the Kearl mine for nearly nine months. Neither the AER or Imperial notified any nearby or downstream Indigenous communities while this leak was occurring.

In August 2024, the AER fined Imperial $50,000 for the Kearl incident. However, this penalty was significantly lower than it should have been, with the AER giving Imperial a 95-per-cent discount on the fine. Experts have demonstrated that the AER had the authority to fine Imperial at least $1.3 million, but the AER opted not to do so. Yet another example of the AER putting the interests of corporations first, while putting communities and ecosystems at risk of harm.

The AER has also recently decided not to require an environmental impact assessment for the Pathways Alliance’s massive carbon capture and storage (CCUS) project proposed for northeast Alberta. This decision was made by the AER despite the Pathways project including over 600 kilometres of pipeline, and an underground storage area of approximately 18,000 square kilometres.

Taken together, these incidents represent a dereliction of duty by the AER to regulate Alberta’s energy industry in a safe and environmentally responsible manner. And, the courts gave AER escape from liability and responsibility by ruling the regulator owes no duty of care, is legally immune and can violate Canada’s top law, the Charter of Rights and Freedoms with impunity.As other experts have previously concluded, the AER and its decision-making record bear the hallmarks of a captive regulator, which has “has prioritized its relationship with the oil and gas industry over accountability to the public.”

Perhaps most exemplary of this capture, is that 100 per cent of the AER’s current board members have direct ties to the energy industry. Industry representatives cannot be trusted to regulate themselves, and any entity responsible for making decisions related to Alberta’s public resources should be independent and unbiased.

There is an urgent need for sweeping changes to ensure that the AER prioritizes the health and safety of Indigenous peoples, Albertans, and ecosystems. If they are looking for suggestions on where to start, at a bare minimum, all board members must resign, and new appointments should reflect shared jurisdiction with Indigenous communities and independence from industry.

Alberta desperately needs a regulator that puts people and the planet before profits.As long as rural Albertans keep voting for pollution and unregulated industry, that’ll never happen.

Phillip Meintzer is a conservation specialist with Alberta Wilderness Association and a member of the Coalition for Responsible Energy

Refer also to:

2025: Canada’s massive toxic tarsands: New study on (AER says 514; records show 989) bitumen tailings spills; Dr. Kevin Timoney concludes Alberta’s Energy Regulator lies, vastly underreports spill sizes, only inspected 3.2% of spills, fails to monitor and manage impacts. AER’s claim that spills haven’t caused any environmental damage is a “red flag, because that’s not physically possible in the real world.”

2024: Alberta’s charter violating AER, oil & gas protector, liar extraordinaire, kisses Imperial Oil with $50,000 fine for contaminating groundwater and dumping 5.3Million litres toxic waste from Kearl Tarsands mine, keeping it secret. Execs ought to be sent to jail and fined millions. Encana/Ovintiv illegally injected 18Million litres frac fluid into Rosebud’s drinking water aquifers contaminating them, kept it secret too (so did AER and Alberta Environment), rec’d no punishment, just more approvals to frac more hell into fresh water. Fuckers, one and all.

2024: Finally! After decades of lies and delays, and $billions raped out in profits, Alberta’s tarsands industry presents its toxic waste lakes clean up plan: Raise them 30 metres, make them bigger, to assure catastrophic failures emptying the toxic contents into the Athabasca watershed. Bingo! Companies save tens of $billions in mandatory clean-up costs they (and Kochs et al) want to keep for their rich pockets (thus why the deadly lakes have not yet been cleaned up and never will be)

2024: “Meticulous!” New embellishment for AER, Lying Spying No Duty of Care, Legally Immune, Charter-violating, vulgar bully of harmed Albertans, 100% industry funded and controlled, enabler of corporate crimes (e.g. illegal aquifer frac’er Encana/Ovintiv, gas spewing liabilities dumped onto Lynx) and deadly pollution everywhere.

2024: Self-reporting/self-regulation doesn’t work: Alberta’s tarsands pollution 6,300% higher than bitumen companies/Pathways Alliance/AER/CAPP’s propaganda says. Air quality expert Jeffrey Brook: “there’s a whole class of air pollutants that are being released in large quantities that are largely, if not completely, being excluded from official reporting.

2024: Kevin Timoney: “Within the vast fossil fuel industry footprint, presently a colossal public liability, renewables can transform Alberta to become a green energy leader. … Disinformation and bad government are the only things standing in our way.”

2023: Another AER agent not to trust: Industry rep at AGS, Rebecca Salvage, quickly blamed nature for 5.6M biggest (industry induced) earthquake in Alberta’s history; includes snide “comments” and big winded promises by Obsidian, quake-maker

2021: New book by Dr. Kevin Timoney: Hidden Scourge: Exposing the Truth about Fossil Fuel Industry Spills, Six-year investigation into the impacts in western North America. “The science is clear: the production and use of fossil fuels has caused global-scale ecological and atmospheric damage that presently endangers life on the planet.”

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