Docket No. 170887079P1 IN THE PROVINCIAL COURT OF ALBERTA, CRIMINAL DIVISION HER MAJESTY THE QUEEN ~ and 'SYNCRUDE CANADA LTD, also known as “SYNCRUDE” BEFORE THE HONOURABLE ON WEDNESDAY, THE 2" JUDGE C.D. GARDNER DAY OF JANUARY 2019, ‘AT FORT MCMURRAY, ALBERTA, ORDER PURSUANT TO SECTION 234(1) THE ENVIRONMENTAL PROTECTION AND ENHANCEMENT ACT WHEREAS Syncrude Canada Ltd, also known as “Syncrude” stands convicted of the following offence under the Environmental Protection and Enhancement Act: On or between the 1* day of April 2015 and the 5" day of Aigust 2015, at ornear the Fort MeMurray, in the Province of Alberta, did fal to keep or store a hazardous substance ina manner that ensures that the hazardous substance does not directly or indirectly come inio contact with oF contaminate any animals, contrary to section 155 of he Environmental Protection and Enhancement Act and did thereby ‘commit an offence contrary to s. 227()) of the Environmental Protection and Enhancement Act. AND WHEREAS having regard to the nature of the offence and circumstances ‘surrounding its commission; IT IS HEREBY ORDERED pursuant to the provisions of section 284(1) of the Enwronmental Protection and Enhancement Act {fal a 9,2,fing of Tobe a boo py'$25,000, inclusive of victim fine surcharge, imposed under the Environmental Protection and Enhancement Act: 1. That on or before the 13" day of March 2019, Syncrude Canada Ltd, also known as “Syncrude", shall unconditionally pay $960,000.00 to the Alberta Energy Regulator in trust for the purpose of funding one or more as yet Undeveloped projects (the “Creative Sentence Projects") as outlined in this Order. These funds shall be forwarded specifically to the Alberta Energy Feegulator, Attention: Karen Lilly, Legal Counsel, Suite 1000, 250 ~ th St. SW, Galgary, Alberta, T2P OR4 and shall be accempanied by a cover letter specifically acknowledging the payment of the funds as a portion of the penalty lmposed by the Provincial Court of Alberta for contravention of the Envitonmental Protection and Enhancement Act 2 Upon making payment as required by paragraph 1, Synorude Canada Ltd, also known as *Syncrude" shall have no further responsiblity for these funds, 3. The Alberta Energy Regulator shall hold the funds recelved pursuant to Paragraph 1 in trust for the sole purpose of funding the Creative Sentence Projects 4. Any Creative Sentence Project funded pursuant to this Order will have the following characteristics: (@) The overall purpose of any Creative Sentence Projacts under this Order will revolve around environmental improvement, restoration or reclamation based themes, (©) tthe time any Creative Sentence Projects is proposed, any such Proposal must have a demonstrable benefit to wildife (including birds). The demonstrable benefit should include one or more of the following factors: () To expand, improve, re:laim, or any combination of the foregoing habitat for uildife (including birds); (Wi) Toimprove wildlife biodiversity;© (Il) To benefit at risk, threatened, endangered, or any: Combination ofthe Toregoing species; (IV) To improve migratory pathways for wildlife (Including birds); and () Tobe sustainable. Either all or some significant portion of any Creative Sentence Projects under this Order should be conducted within the Regional Municipality of Wood Buttalo if possible. Depending upon the metils uf any proposed Creative Sentence Projects received, Creative Sentence Projects where either all or some significant portion are to be conducted within other northem parts of Alberta can also be considered, 5. In order to determine what Creative Sentence Projects are funded under this Order, the Alberta Energy Regulator will publish one or more Request for Proposals using established Government of Alberta practices and vendor selection procedures except as modified by any terms of this Order. The Alberta, Energy Regulator will consider the following factors in awarding Creative Sentence Projects: @ © © (@ ‘The Alberta Energy Regulator is permitted to specifically bring to the attention of any potential orgenization or person that it chooses the Request for Proposel. However, whether any Request for Proposal has been speciicaly solicited or not will not be a factor by which any proposal recaived pursuant to a Request for Proposals is evaluated ‘As part of the procurement process for selecting @ person or Persons to carry out the Creative Sentencing Projects, preference ay be given to not-for-profit organizations, No person or persons selected to cany out any Creative Sentencing Projects shall have any current conflict of interest, or any confit of interest that has existed within the past 24 months, with Syncrude Canada Lid, also known as “Syncrude". The Alberta Enorgy Regulator, during this process, will not make Specific reference to the funds for the Creative Sentencing Projects as having come from Syncrude Canada Lid, also known as “Syncrude”, Instead, should the Alterta Energy Regulator need to publicly refer to the genesis of the funds (or should people be ‘seeking the genesis of the funds), the Alberta Energy Regulator