An oil sands operator is required to have an Environmental Protection and Enhancement Act (EPEA) approval to operate an oil sands mine or an in situ facility. Under an EPEA approval, an operator has the Duty to Reclaim. This means that an oil sands mine operator must conserve soils and materials, reclaim the area disturbed, and obtain a reclamation certificate to release the land back to the crown. The Conservation and Reclamation Regulation under EPEA requires an operator to return land to equivalent land capability and that the operator provides financial security. The approval granted to an oil sands operator under EPEA provides further context, definition, standards and requirements for conservation and reclamation activities including setting requirements for both planning, reporting and research.

Operators will have to participate in the following tasks in order to develop the land:



In order to reclaim land, an operator must undergo landform construction, soil placement, revegetation (planting) and maintenance. Once vegetation is in place a parcel of land is classified as reclaimed. It will not be certified until an operator applies for a certificate. Reclamation certification requires an assessment of the physical, chemical and biological characteristics of the land, including topography, drainage, hydrology, soils and vegetation. Once a parcel of land is certified as reclaimed, the responsibility passes from the operator to the crown. The benefit of having land reclaimed but not certified is that the land is moving back to being available for biodiversity and ecosystem functioning. In addition, having a period of time available between reclamation and certification ensures that sufficient time is available for assessment of key ecological indicators.  

Reclaimed land may be disturbed in the future if an operator decides to extend a facility (e.g., extend a tailings pond dyke), or when land reclaimed by a previous operator or lease holder is disturbed for another purpose (e.g., gravel pit lease is changed to an oil sands lease). Often land is only temporarily reclaimed (minimal vegetation) to minimize erosion, with the recognition that it may be disturbed in future. The cost and effort of permanent reclamation is significant and operators will consider the potential loss as part of the decision whether to re-disturb reclaimed land or not.