The AER works to ensure that the oil sands are developed in a safe and environmentally responsible

way. We are committed to protecting public safety and the environment.

To ensure operators are in compliance with our requirements, we conduct regular inspections and
audits of oil sands sites. If operators fail to meet our requirements, we have a number of compliance
and enforcement tools – ranging from warning letters to prosecution – to bring them back into
compliance.

To compile its factual record, the Commission for Environmental Cooperation (CEC) reviewed publicly
available literature on oil sands process affected water (OSPW). OSPW is stored in tailings ponds and is
recycled by operators to support additional processing of bitumen. The AER, along with the Government
of Alberta, Government of Canada, and industry, contributed to the CEC's factual record. However,
specific questions on how this literature was reviewed should be directed to the CEC.

During mineable oil sands operations, it is possible for OSPW that is stored in tailings ponds to seep into
nearby groundwater. To limit the risk that OSPW seepage poses to groundwater, the AER requires
operators to have seepage control systems in place near their tailings ponds. These systems consist
of berms, dyke drains, as well as interception wells, ditches, sumps, and barrier walls. These systems
ensure that seepage of OSPW (including groundwater that has become contaminated with OSPW) is
captured and returned to the tailings pond. To date, the AER does not have any evidence to suggest that
groundwater that has become contaminated by OSPW has reached the Athabasca River.

In addition to seepage control systems, operators are also required to drill groundwater monitoring
wells near tailings ponds and have AER-approved groundwater management plans in place. These plans
require operators to monitor groundwater quality near their operations and list the actions they will
take, should OSPW seepage occur. As part of their license to operate, operators are also required to
report the results of their groundwater monitoring to the AER each year. Based on our review on each
operator’s most recent groundwater management plan from 2019, all operators remain in compliance
with our requirements.

In 2017, Syncrude reported to the AER that OSPW seeped beyond a perimeter ditch near one of its
tailings ponds. In accordance with its groundwater management plan, the company installed cut-off
walls along the ditch and adjusted its operations to maintain low water levels in its sumps. These actions
were taken to limit the impacts to groundwater.

Based on the AER's review of Syncrude's 2019 groundwater management plan, Syncrude's data for its
monitoring wells near this ditch show that the level of groundwater contamination is either stable or
decreasing in some areas. This indicates that the company's response actions were effective. After
further review, the AER determined that Syncrude was in compliance at the time the seepage was
reported and no enforcement action was taken.

Questions related to the federal Fisheries Act should be directed to Environment and Climate Change
Canada. Questions related to the Tailings Management Framework should be directed to the
Government of Alberta.