Alberta’s resource industries handle everything from fuels and chemicals to pesticides and waste. Understanding Alberta’s hazardous materials laws is therefore beneficial to management professionals in oil and gas, mining, agriculture and related industries.
This guide breaks down the province’s core environmental legislation and what to do if a spill, leak, or hazardous incident occurs.
Environmental Legislation in Alberta
Environmental Protection and Enhancement Act (EPEA):
Alberta’s primary environmental law covers pollution prevention, waste management, and land/water conservation. EPEA makes it illegal to release any substance that “may cause an adverse effect” into the environment and mandates that companies take all reasonable measures to prevent, report, and remediate such releases.
In practice, this means if a spill or leak occurs, you have a legal duty to report it immediately and a duty to remediate the site. EPEA’s broad scope covers air, land, and water pollution and imposes strict penalties for non-compliance (including fines or charges for failing to report or cleanup).
Water Act
The Water Act supports the conservation and responsible use of Alberta’s water resources. It requires anyone impacting natural water (such as rivers, lakes, groundwater) to have appropriate approvals and licenses.
Spills that contaminate water bodies or groundwater can violate the Water Act, so companies must act quickly to contain any release and notify regulators if water may be affected.
Public Lands Act:
Over 60% of Alberta’s land base is Crown (public) land, where many oil, gas, mining, and agricultural activities occur. The Public Lands Act governs the use of public land and prohibits damage or unauthorized waste on these lands.
If a spill causes land contamination on Crown land, the company can face charges for “causing loss or damage of public land” or for leaving hazardous waste on public lands. In one recent high-profile case, regulators charged a company under both EPEA and the Public Lands Act for a large spill, citing failure to report promptly and damage to public land.
Occupational Health and Safety Act (OHS):
While primarily focused on worker safety, Alberta’s OHS Act has important provisions for hazardous materials. Employers must assess and control workplace chemical hazards, train workers (e.g. WHMIS for handling hazardous products), and be prepared for emergencies.
In fact, Part 7 of the OHS Code requires employers to develop an emergency response plan for potential incidents like chemical spills to protect workers and ensure safe evacuation or rescue if needed. Compliance with the OHS Code means storing and labelling hazardous substances properly, providing personal protective equipment, and having spill response kits and procedures in place.
Alberta Energy Regulator (AER) Directives:
The AER oversees oil, gas, and pipeline operations, adding industry-specific rules on top of EPEA. AER directives ensure companies address environmental liabilities. For example, Directive 006 establishes the Licensee Liability Rating program, requiring operators to maintain financial security to cover well abandonments, spill remediation, and reclamation so that taxpayers aren’t stuck with the cost.
The AER also requires detailed AER spill reporting and emergency response procedures: any leak, pipeline break, or uncontained release must be reported as soon as it’s discovered.
Reporting Spills and Releases: Your Legal Duties
One of the most critical compliance steps during any hazardous materials incident is immediate reporting. Alberta law requires that if a spill, leak, or other release happens, it must be reported immediately upon becoming aware of it.
24-Hour Spill Lines: Alberta operates a single 24/7 spill notification line: 1-800-222-6514. When you call this number, it will route you to the proper regulator. For oil and gas industry incidents, this serves as the AER emergency line; for other industries (like agriculture, mining, or municipal spills), it notifies Alberta Environment and Protected Areas.
Spill Remediation and Compliance Obligations
Reporting the incident is only step one. Alberta laws also impose a clear duty to contain and remediate the spill.
Under EPEA, the party responsible for a release must “take all reasonable measures” to remediate and restore the environment impacted. The Alberta Energy Regulator echoes this expectation: “we expect companies to fix the situation… [they are] responsible for managing and cleaning up any contamination”.
Steps for effective remediation include:
- Initial Containment: As soon as it’s safe to do so, stop the leak or spill source and prevent the spread of the substance. This may involve shutting down equipment, plugging a leak, or building dikes to contain fluids.
- Protect Health and Safety: Ensure workers and the public are safe. Use proper protective gear (as per OHS requirements) and keep people away from the affected area if there are toxic fumes or other dangers.
- Notify Stakeholders: In addition to calling regulators, Alberta guidelines advise notifying any affected stakeholders, such as nearby landowners, municipalities, or Indigenous communities that could be impacted.
- Cleanup and Site Assessment: Engage environmental specialists to assess the extent of contamination (soil testing, water sampling) and begin cleanup. All contaminated material must be properly recovered, treated, or disposed of at licensed facilities according to hazardous waste law.
- Record-Keeping and Reporting: Keep detailed records of your response actions, waste disposal manifests, and environmental test results. You may need to submit these in a follow-up report or if regulators investigate.
Get the Guidance You Need
Navigating hazardous waste laws in Alberta and meeting all the requirements of EPEA, the Water Act, the Public Lands Act, the OHS Code, and AER directives can be complex.
If you’re unsure about your company’s environmental compliance status or need help developing spill response plans and training, consider working with a qualified environmental consultant. At Nichols Environmental and Engineering, our experts can guide you through Alberta’s reporting and remediation processes. Contact us today to learn more.
