First Nations call for study of naphthenic acids found in tailings water

Two Alberta First Nations have asked the federal government to examine whether a component of oilsands tailings pond water known to harm fish and other animals should be classed as toxic.

The move could force a longawaited human health study into development impacts, bring the industry under new regulations and affect its ability to release treated waste water.

“There are big gaps in science on the human health side,” said Bronwyn Roe, lawyer for the Athabasca Chipewyan First Nation, which uses lands adjacent to oilsands development. “If the ministers do this assessment, they could create new regulations.”

That First Nation's request is supported by the Mikisew Cree.

The two nations are concerned about naphthenic acids found in tailings and other oilsands waste water. Peer-reviewed research has found the complex hydrocarbons are toxic to fish, affect hormone function in humans and other mammals and may be carcinogenic.

In January, Environment and Climate Change Canada and Health Canada released a report that concluded naphthenic acids shouldn't be classified as toxic. However, that report only dealt with commercially produced versions, not those found in tailings.

The First Nations are using recent changes to the Canadian Environmental Protection Act to request environment minister Steven Guilbeault review that January finding.

A ruling that naphthenic acids should be considered a toxin would also affect regulations governing the substances, Roe said.

Guilbeault and Health Minister Mark Holland have until June 7 to respond to the First Nations' requests.