It was buried under the other piles of Bill C-59. Fall Economic Statement Implementation ActThe bill, which was passed last week while Parliament was in recess for the summer break, amended Article 74.01 of the Competition Act.
It contains language about what companies and organizations must prove to promote the environmental, social or ecological benefit claims of their products or services. It’s a federal move to stop companies from “greenwashing,” but the law applies to all companies, not just oil and gas companies, for example.
Any environmentally-based claims must be based on a “fit and proper” test. This applies to any company or claim. Meeting that standard legally isn’t necessarily a big hurdle, but they also must demonstrate “fit and proper substantiation following an internationally recognized methodology.” It’s not immediately clear what that methodology exactly would be or where that certification could be obtained. It would likely require further regulation and/or court challenges.
The bar is The Pathways Alliance, which focuses on carbon capture, Social media posts and website content with environmental and sustainability related content.
(Here is an excellent resource that provides detailed legal details on this change. here)
The RealAg Issues panel on Friday discussed the legal ramifications of amendments to Bill C-59 and how growers, commodity associations and even individual farms may become targets of litigation for failing to adequately prove their claims.This link (Go ahead to minute 25 to hear that conversation).
