Bill C-59, the Fall Economic Statement Implementation Act 2023, was amended late and behind closed doors at the House of Commons Finance Committee to include a new provision to be added to the Competition Act aimed at addressing potentially misleading environmental claims.
But as drafted, the provision raises significant legal, policy and enforcement concerns. Consequently, it calls into question the ability of industry, government, and non-governmental initiatives to profile and promote environmental sustainability.
By way of example, the industry relies on government tools, such as the Clean Fuel Regulations Life Cycle Analysis tool and the National Pollution Release Inventory reporting tool, to promote pollution reduction and environmental benefits. However, the industry is uncertain whether these tools would meet the vague standard of “internationally recognized methodology” as outlined in the C-59 provision.
It is crucial to ensure that any legislative provision intended to address potentially misleading environmental claims avoids confusion, not creates confusion.
CGA believes it is imperative to withdraw the amendment and conduct a further study, as the House Committee initially recommended.