A story that did not get enough attention yesterday was out of Alberta, where the organization that is tasked with cleaning up abandoned oil wells is sounding the alarm that the provincial regulator’s rules are not sufficient to prevent the creation of more of these “orphan” wells – at a time when more companies are offloading assets to smaller companies. This is the kind of practice that usually results in the orphaning of these wells in the first place – that the smaller companies start losing money when the price of oil tanks, and they can’t live up to their obligations to clean up the abandoned ones with the money they’re making from the active ones they’ve bought along with them.
This issue was the subject of a Supreme Court of Canada decision last year, where the court said that bankruptcy trustees who take up these companies with the orphan wells can’t simply abandon these obligations under their bankruptcy proceedings as they’re trying to sell the active wells to new buyers – that their environmental obligations can’t be jettisoned because it’s inconvenient for them. (More on the underlying issues here). This also reinforces the polluter-pays principle, which governments say they’re in favour of – except when it’s inconvenient. Like right now, for Jason Kenney.
Why this issue deserves more attention is because Kenney (and to a lesser degree Scott Moe, who is following the pattern set out for him by Brad Wall) has been demanding that the federal government spend their dollars on cleaning up these orphan wells under the rubric of it being job-creation, or good for the environment. Kenney’s demand for retroactive stabilization funds as an “equalization rebate” (which is ridiculous) has been cited on more than one occasion as a means of using the funds for this purpose, which would essentially be offloading the responsibility onto the federal government because the regulator hasn’t been doing an adequate job when these sales happen, and the provincial government hasn’t created strict enough regulations to prevent these wells from being orphaned in the first place. That’s something that we should be holding him – and the industry – to account for, but that means cutting through the obfuscation. There should be no reason why the federal government should be taking on this expense, but this is what they are being asked to do.