Key Updates Released By Competition Bureau Regarding Greenwashing And The New Private Litigant Regime

In June 2024, the passage of Bill C-59 introduced significant amendments to the Competition Act (the "Act"),¹targeting a broad array of businesses, including those in the energy, mining, oil and gas, consumer products, health, food and beverage, financial services and construction sectors. These amendments include the addition of new provisions designed to combat "greenwashing," together with provisions directed at expanding private litigants' access to the Competition Tribunal. The latter took effect on June 20, 2025.

The Competition Bureau has recently released revised guidance on both matters. The Bureau's finalized guidance on environmental claims and the Competition Act builds on earlier draft guidance. The Bureau's Bulletin on Private Access provides insight into how the novel private litigant regime is expected to unfold. In both cases, the amendments to the Act are poised to fundamentally reshape the way that anticompetitive practices are deterred and