"Transparent,” “credible, “world-class” — those are just a few of the words that have been deployed to detail the aspirations of the one-year-old organization tasked with monitoring the air, water, land and wildlife in Alberta.

But there are a lot of questions about whether the Alberta Environmental Monitoring, Evaluation and Reporting Agency (AEMERA), funded primarily by industry, has lived up to its goal to track the condition of the province’s environment.*

Unlike the Alberta Energy Regulator, which the new NDP government is considering splitting into two agencies to separate its conflicting responsibilities to both promote and policy energy development, AEMERA hasn’t spent much time in the public spotlight — yet.

Last October, Alberta’s auditor general slammed the agency for releasing its 2012-2013 annual report in June 2014, well after when it should have been released. The auditor general also said the report “lacked clarity and key information and contained inaccuracies.”

Many of the agency’s projects were missing several details and the auditor general cautioned such omissions “may jeopardize AEMERA’s ability to monitor the cumulative effects of oil sands development.”

And that’s a pretty big problem. Because if Canada is to feasibly establish a strong environmental record, it’s going to need stringent monitoring in Alberta, especially in the Lower Athabasca region where the bulk of the province’s energy industry operates.

The Birth of A Really Long Acronym: AEMERA

AEMERA was dreamt up in 2011 as a means to coalesce the dozens of monitoring organizations working in the province under one banner, firewalling the result from government and industry to avoid conflicts of interest.

Martin Olszynski, an assistant professor in law at University of Calgary who specializes in environmental law, notes that at the time of the agency’s inception, international pressure was limiting market access for oil.

“When someone went to check on the monitoring system, it turned out it was a mess,” Olsznynski says. “We weren’t getting the data that we needed.”

AEMERA — with the Joint Canada-Alberta Plan for Oil Sands Monitoring serving as the transition agency for the three years prior to its official birth — was crafted to solve that problem.

Yet Bill 31, the piece of legislation that conjured up the arms-length agency in late 2013, faced considerable criticism from the get-go. Opposition parties pleaded for more than a dozen amendments.

Many of the proposed tweaks would have addressed the tight relationship between government and the monitoring agency. Amongst other things, the legislation suggested the environment minister would appoint the board and choose when data was released to the public.

Shaun Fluker, an associate professor of law at the University of Calgary, wrote in a 2014 post that the latter provision “arguably undermines the whole structure and suggests that politics can and will override science and transparency on environmental monitoring and reporting.”

All the proposed amendments were shot down. Lorne Taylor, former environment minister under Ralph Klein and renowned anti-Kyoto Accord activist, was appointed as chair of the board. Little has changed since.

Unlike other agencies, AEMERA doesn’t mandate quotas for groups or interests on the board. As a result, Bigstone Cree elder Mike Beaver is the sole indigenous representative on the agency’s seven-member board.

Traditional Ecological Knowledge, a method of integrating indigenous worldviews into policymaking, was listed as a priority in AEMERA’s founding document — yet the auditor generals’ report noted that just three of 38 of AEMERA’s projects surveyed involved Traditional Ecological Knowledge.

Val Mellesmoen, spokesperson for AEMERA, says the organization is working hard to foster strong relationships with indigenous people. In mid-June, the organization appointed a Traditional Ecological Knowledge panel to focus on such issues.

Insufficient Funding for Mobile Air Monitoring Van

Then there’s the overarching issue of funding. Exactly $50 million was decided upon as the max that industry would contribute per year, a number that features a “conspicuously round nature,” Olszynski says.

In late March, news broke that the Wood Buffalo Environmental Association — historically the recipient of the largest amount of money for monitoring — couldn’t afford the $500,000 price tag for a new mobile air monitoring testing van on account of a lack of funding.

Andrew Read, policy analyst at the Pembina Institute, says there’s no public information available as to why $50 million was chosen as the funding cap; he has submitted multiple requests to the federal government (which coordinated the interim monitoring framework prior to AEMERA’s takeover), but hasn’t received any clarification.

Mellesmoen, the agency’s spokesperson, says it was a “gentlemen’s agreement” with the number determined by “an initial estimate that was based on industry providing an overview of what they felt they were currently spending as individual companies.”

Mellesmoen — who previously served as Taylor’s spokesperson when he was an MLA and minister — says there are questions within the agency about the reasoning for the cap.

“Even that funding model needs to be maybe looked at in the long run,” she says.

New NDP Government Could Amend Bill 31

Olszynski says the newly elected NDP could amend Bill 31 to deal with such issues. Prior to being elected as premier, Rachel Notley was an outspoken critic of the monitoring agency, at one point asserting the organization was “nowhere near ready to assume responsibility for the [Lower Athabasca] region.”

The NDP’s platform also pledged to “strengthen environmental standards, inspection, monitoring and enforcement to protect Alberta’s water, land and air.”

This week’s decision to revisit the Alberta Energy Regulator’s mandate represents that focus. The press secretary for Minister of Environment Shannon Phillips didn’t respond to multiple requests for an interview on the subject.

International Experts to Evaluate Oilsands Monitoring

An international panel composed of six scientists will evaluate the performance of the new monitoring system. It plans to “evaluate the extent to which the implementation of the Joint Canada-Alberta Oil Sands Monitoring (JOSM) has improved the scientific integrity of environmental monitoring in the oil sands.”

The panel will deliver its report this fall, which will “help determine the next steps on the oilsands monitoring design and implementation.”

Olszynski emphasizes the uniqueness of AEMERA

“It’s an experiment, an innovative one, an important one,” he says.

Yet there’s much more to be done: stable funding must be solidified, the line between cabinet and organization must be clarified and the data must be analyzed and reported on in a way that regular Albertans can understand. AEMERA also has to expand its monitoring province-wide to fulfill its mandate.

“AEMERA needs to step out and demonstrate that they’re acting in the public interest,” Read says. “We want to see a demonstration of AEMERA actively taking and delivering that unbiased information to the government and providing a perspective on the current state of the environment.”

* Clarification Notice: This article originally stated that AEMERA is funded 100 per cent by industry. While AEMERA gets the bulk of its funding from industry, the agency also receives government funding for general operations and monitoring, evaluation and reporting activities in other areas of the province

Image: Kris Krug via Flickr

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In the ongoing battle to win approval of the Keystone XL pipeline, Canada has repeatedly justified its climate inaction by pointing to the fact that it shares similar emission reductions targets to the U.S. In August of last year, Prime Minister Stephen Harper even wrote a letter to President Barack Obama inviting “joint action to reduce greenhouse gas emissions in the oil and gas sector” if such efforts would help green-light the Keystone XL.

But this week’s announcement that Obama will use his executive authority to introduce a nationwide emissions reduction plan that targets more than 1,000 of the country’s most highly polluting power plants might leave Canada squarely in the dust.

Obama’s new plan — already being called the “most ambitious anti-global warming initiative of any U.S. president" — will introduce new standards by 2015 to decrease the greenhouse gas (GHG) emissions of power plants (responsible for 40 per cent of the country’s carbon pollution) by 30 per cent from their 2005 levels by 2030.

Cutting emissions and climate confusion

The new plan is expected to tackle emissions as well as contentious climate politics in the U.S. where political positioning on emissions standards and carbon tax schemes is often drawn along sharp lines.

“We see this as the pivotal battle on climate change,” Natural Resources Defense Council (NRDC) director of government affairs David Goldston said at a briefing last week. “For the first time, climate is going to be front and centre as the national issue. And what that means, we think, is that when this battle is over and the power plant standards are in effect, climate will have turned into an ordinary environmental issue.”

The NRDC has been pivotal in the creation of the new emissions standards and is leading a massive campaign this month to "demystify" climate change issues.

Oilsands trouble Canada’s emissions future

Such determination south of the border is bringing Canada’s stalled climate politics into sharper relief as the Harper government continues to hold GHG emissions regulations for the oil and gas sector at bay.

The federal government has promised to deliver strengthened emissions standards for several years but has consistently failed, especially to rein in emissions from the Alberta oilsands, Canada’s fastest growing source of GHGs.

Under the Copenhagen Accord, Canada committed to reducing GHG emissions 17 per cent below 2005 levels by 2020. But according to Environment Canada’s latest emissions report, Canada will fail to meet its own reduction targets using current measures.

Environment Canada data also shows emissions from the oilsands increased around 267 per cent between 1990 and 2011 despite a per barrel emissions decrease of a reported 26 per cent. The projected increase of oil production in the oilsands has emissions from the sector set to steadily increase for several decades.

“The EPA’s climate rules send a strong signal that the United States is serious about addressing its largest source of greenhouse gas pollution,” Simon Dyer, senior spokesman for the Pembina Institute, said in a statement. “In contrast, the Canadian government continues to resist action on addressing its major emissions growth problem — the rapidly increasing greenhouse gas pollution from oilsands production.”

“While Canada has the same 2020 emissions target as the U.S., our federal government has failed to produce a plan to meet its goal,” he said.

Tim Gray, executive director of Environmental Defence, echoed those sentiments, saying climate action in the U.S. demonstrates Canada’s need to rein in emission from the oilsands sector.

“It’s time for Canada to follow suit,” he said in a statement released Monday. “We should all celebrate this U.S. action taken for the sake of our shared climate…It’s high time for Canada to step up, do what is right, and stop the soaring pollution of the tar sands.”

“Canada,” Gray said, “can either lead or be dragged along in this global shift towards a safer, cleaner, low carbon economy.”

Canada lacks leadership

A study released by Globe International, which surveyed nearly 500 pieces of climate legislation in 66 countries, found Canada lacked any “flagship legislation” for climate despite being in the world’s top 20 emitters.

Political support for strong climate standards in Canada has dwindled under the Harper government, which withdrew from the international Kyoto Accord in 2011.

According to federal Green party leader Elizabeth May, Canada has a history of following the “bad behaviour” of the U.S. when it comes to climate policies.

“When Barack Obama came up with the 17 per cent below 2005 levels by 2020, Canada said ‘okay, we’ll take that target’ because it weakened our target [under Kyoto] even more,” she said in an interview last May.

A new international climate change regime is expected from the upcoming UNFCCC COP 21 meeting that will take place in Paris in 2015. Canada has been accused of acting as an "obstructionist" at international climate conferences for the last several years.

“Many Canadians,” May said, “don’t realize that the worst thing that Harper has done on climate, as bad as his domestic performance has been, has been undermining global negotiations.”

She added the most recent Environment Canada figures “make is absolutely crystal clear that there is no intention on the part of Stephen Harper for reaching the Copenhagen target either.”

Image Credit: Scout Turfankijan for Obama for America via Flickr.

The Narwhal’s reporters are telling environment stories you won’t read about anywhere else. Stay in the loop by signing up for our free weekly dose of independent journalism.

The government of Alberta’s continued reliance on the tar sands as the province’s main economic driver has put Premier Alison Redford in a very awkward position recently. With the market for foreign oil drying up in the US, her government is facing a $6 billion budget shortfall. For the first time in many years, Alberta is being forced to reach out for a little help from its neighbours, but the reception has been chilly.

The trouble began last year, when British Columbia Premier Christy Clark discovered that putting her unqualified support behind Enbridge’s plan to run its Northern Gateway pipeline through the province would constitute political suicide in an election year.

Whatever Clark’s motivations may have been—environmental or political—the result is that now they are in the midst of a struggle that Maclean’s Magazine calls, “the greatest political rivalry since former Newfoundland Premier Danny Williams ordered the Canadian flag removed from every government building in a dispute with the feds over offshore energy royalties.”

Then late in January, Redford met with Ontario’s new Premier Kathleen Wynn and by all accounts, relations were similarly strained. Several municipalities in Ontario have expressed concerns over the environmental dangers involved in Line 9, which was constructed in the 1970s and may not be up to carrying the highly corrosive bitumen being put out by the tar sands.

To be fair, this mess isn’t all Redford’s doing. Given Alberta’s history, it’s not surprising that other provinces might be wary of her advances. As Parkland Institute director Trevor Harrison pointed out last year in an op-ed piece for the Winnipeg Free Press, Alberta’s energy policy has historically leaned towards isolation and contempt for the rest of the country’s wishes.

In 1982 while serving as mayor of Calgary, Ralph Klein ran into a similar problem attracting investors to his city because of the open contempt he showed for the eastern workers seeking jobs in the province’s newly developing oil patch. With characteristic bluntness, he called them “bums" and "creeps” and blamed them for the rise in crime in his city. 

During his 14 years as Premier, the famously cantankerous Klein steered Alberta through much of the oil boom, but showed little interest in sharing or saving the wealth, preferring instead to spread it around in the form of “prosperity bonuses” of $400 to each Alberta resident in 2005. It’s sobering now to think that if that money had been saved, the interest alone might have gone a long way to digging Alberta out of its current financial hole. It’s even more frightening that, while the rest of the world was beginning to accept the hard lessons of climate change and oil dependence last year, the Alberta Wildrose Party promised a new round of bonuses beginning in 2015 should it have been elected.

Klein also had little interest in federal calls for reducing greenhouse gas emissions. In 2002, as part of a campaign to keep then Prime Minister Jean Chrétien from ratifying the Kyoto Accord, he famously dismissed warnings about climate change by wondering whether the first ice age was caused by “dinosaur farts.”

The message from the Alberta government has always been, the oil is ours and how we mine it, refine it and sell it is no one’s business but our own. Now that position is simply no longer tenable. In a recent address to the Alberta people, Redford laid out the challenges before the province and promised to find a way out without crippling social programs or, magically, raising taxes.

What she didn't say was that Alberta can no longer afford to make policy as though it were cordoned off from the rest of the country. It needs the help of other provinces to export its oil and that means taking into account the concerns of those who have not been blinded by a couple of decades of short-sighted prosperity.

But it is not enough to simply look for new markets; if Alberta is to free itself from this uncomfortable cycle of boom and bust, Redford must begin to rethink this reliance on the tar sands and find ways to diversify the economy. The question is, can the province let go of decades of rhetoric and take a new road?

In her address, Redford said that oil and gas “are our assets.” I disagree. In the 15 years that I lived in Alberta I learned that, as well as being a province of extraordinary resource wealth, it is a province rich in industriousness. Redford’s constituents are willing to work hard to secure their future, so why does she, like her predecessors, insist upon leading them down a path that puts them at the whim of politics and world markets?

Why not skip that inevitable pain and redirect some of that skill and ingenuity into clean, renewable energy industries that we know have a future? 

Image Credit: Government of Alberta.

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