Prove It: Competition Act Amendments Require Companies To Back Up Environmental Claims

Bill C-59 amendments to the Competition Act (the Act) have created a new avenue to challenge companies' public statements on environmental protection and climate change mitigation. The amendments cover a broad range of representations, including those made in marketing and advertising, on websites and social media, and in voluntary disclosures such as sustainability or ESG reports.

What you need to know

• Greenwashing as "deceptive marketing". Bill C-59 requires certain environmental and climate change-related representations to be backed up by testing, or by substantiation in accordance with internationally recognised methodology.
• Private actions. Bill C-59 introduces a private right of action against a company that is alleged to have contravened the Act's deceptive marketing provisions, including the new greenwashing provisions.