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ARTICLE · 23 FEBRUARY 2021

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ESG Disclosure In Canada - Legal Requirements, Voluntary Disclosure And Potential Liability

Environmental, social and governance considerations are playing an increasingly important role across a Canadian company's functions, whether at the board level where directors are tasked with overseeing ESG-related risks ...

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Environmental, social and governance ("ESG") considerations are playing an increasingly important role across a Canadian company's functions, whether at the board level where directors are tasked with overseeing ESG-related risks and opportunities or at the operational level where management is dealing with matters such as supply chain management. Appropriate ESG disclosure, whether mandatory or voluntary, by Canadian public companies is becoming a norm that is being demanded by institutional investors in Canada and around the world as they decide where they will allocate their investment capital.

In this bulletin, we identify what ESG-related public disclosure is mandated by securities legislation for public companies in Canada and we discuss considerations that should be taken into account when Canadian public companies make voluntary public disclosure with respect to ESG matters.1

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