With the recent adoption of new provisions on greenwashing in Bill C-59, and the increase in the number of reports of declarations deemed fraudulent, questions are increasingly emerging regarding the industry’s statements, notably oil and gas, automobiles, and increasingly mining too, in terms of environmental responsibility.
Terms such as “responsible mining” and “restoration efforts” have recently been called into question by the Environmental Defenders Office because they raise doubts about their compliance with environmental regulations.
🎯 In context, it is crucial to recognize the real challenges and not just highlight the positives. For example, the rehabilitation of mining sites should not be presented as an extraordinary action, but rather as the legal (and moral!) obligation that it is.
More specifically, the new provisions introduced by Bill C-59 target unfounded environmental indications, commonly called “greenwashing”:
➡ By requiring that environmental claims about a product be based on sufficient and appropriate evidence.
➡ By requiring that environmental information about a company or one of its activities be based on sufficient and appropriate corroborative evidence obtained using an internationally recognized methodology.
As the Canadian Climate Law Initiative states, “companies must commit to real climate action, avoid boilerplate statements, obtain third-party verification and be transparent in their communications.By mitigating the risk of greenwashing, businesses will also reduce the reputational, litigation and regulatory risks they may face as a result of greenwashing allegations.”
💬The Transfert Environnement et Société team can help you promote your positive initiatives by communicating effectively, in accordance with the legislative framework, and thus avoid the risks of ecosilence prosecutions or, conversely, prosecutions for greenwashing including The cost of fines now runs into the millions. Contact us!
—
To learn more about the new greenwashing provisions, see the Guide to the June 2024 Amendments to the Competition Act.
To learn more, see the Canadian Climate Law Initiative’s From Greenwashing to Green Confidence.