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ARTICLE · 26 JULY 2024

The CSA Has Competition: The Competition Act Introduces New Prohibitions On Misleading Environmental Claims

Borden Ladner Gervais LLP
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Securities industry participants are keenly aware of the regulatory risks and expectations around environmental, social and governance (ESG) disclosure for investment funds...

CanadaAntitrust/Competition Law
Jason Brooks
Jason Brooks
Christian Faribault
Christian Faribault
Kathryn Fuller
Kathryn Fuller
Melissa Ghislanzoni
Melissa Ghislanzoni
Candice Kloes
Candice Kloes
Roma Lotay
Roma Lotay
Lynn McGrade
Lynn McGrade
Michael Waters
Michael Waters
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How should securities registrants approach the new Competition Act provisions on greenwashing?

Securities industry participants are keenly aware of the regulatory risks and expectations around environmental, social and governance (ESG) disclosure for investment funds, as the industry continues to interpret and implement CSA Staff Notice 81-334 (Revised) ESG-Related Investment Fund Disclosure (ESG Staff Notice). Against the backdrop of evolving investor expectations, international ESG disclosure standards, and the ESG Staff Notice, firms also will want to become familiar with the new provisions targeting misleading environmental benefit claims (greenwashing) introduced in June through Bill C-59, The Fall Economic Statement Implementation Act, 2023 (Bill C-59).

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