As the Competition Bureau considers public input on how it should enforce new anti-greenwashing rules, we should clear the air about some of the claims that the oilsands lobby is making. Derek Evans, a former oil CEO who now leads the Pathways Alliance lobby group, will have you believe most Canadians don’t know or care much about the Competition Act, and find it hard to see how it affects people’s daily lives. This is simply not true.
They do know and care. With supermarkets being accused of price-gouging and price-fixing, and companies such as Cineplex being ordered to pay a record $39 million for deceptive marketing practices by the Competition Tribunal, there hasn’t been a time greater than now when Canadians have their eyes on corporations and their activities that affect our livelihoods day to day. Canadians want transparency, honesty and accountability from corporations at a time when many are struggling to make ends meet.
A survey conducted by Angus Reid Forum showed that Canadians overwhelmingly support the core of the new federal anti-greenwashing legislation (Bill C-59), with 93 per cent supporting the statement that “Companies should face penalties for making environmental claims that they can’t prove are true.”
The poll also found that Canadians were less trusting of oil companies after they deleted environmental claims from their websites and social media once the law came into effect. Bill C-59, which was passed six months after it was tabled, giving ample time for feedback, had support of members of all major political parties.
The new law requires companies to back up their environmental claims. And if businesses have spent a lot of time, effort and money on plans to get their greenhouse gas emissions down to net zero by 2050 to help Canada achieve its climate goals, then they should see no issue in advertising these achievements and meeting their climate goals. The only companies that should be concerned by this law are those who are stretching the truth and gaining the trust of consumers under false or misleading pretences, when in fact are contributing to the rise of emissions and climate change.
The law as intended should encourage healthy competition, and instead of a race to the bottom it should be a race to the top of which companies can actually reduce emissions, mitigate the effects of climate change and engage in healthy competition.
The issue is not the law, the issue is that some of the alleged environmental initiatives the industry has been touting haven’t been based on solid evidence. In reality, we are seeing oil and gas continuing a long-standing trend of steadily rising emissions — up one per cent, or 2.2 megatonnes, from 2022 that now makes up 31 per cent of Canada’s national total. There is clearly a misalignment between what is being said about emissions reduction and what is happening in reality.
And contrary to popular belief, activists don’t want to bring lawsuits — this is an option of last resort. This doesn’t get us where we need to be soon enough.
What we want are emissions lowering and money to be put into environmental initiatives that have genuinely positive effects.
The real concern isn’t free speech — that is a red herring. What the industry is afraid of is being held to account for their actions and their words.
As consumers, we want the industry to put its money where its mouth is. Lie to yourselves, but please don’t lie to us.
Priyanka Vittal is legal counsel for Greenpeace Canada.