In this news article, Bruno Caron discusses Bill C-59, an innovative Canadian law aimed at combating greenwashing, which requires companies to substantiate their environmental claims using a “internationally recognised methodology.”
“ […] Bruno Caron at law firm Miller Thomson suggests that methodologies may be applicable. He suggests that ISO, ESRS or ISSB sustainability and climate-related disclosure standards could be deemed to be “internationally recognised methodologies.”
But he proposed that the new greenwashing provisions should only apply to voluntarily made environmental claims and not to environmental claims mandated by other existing disclosure rules adopted by securities or financial regulators, such as the existing continuous disclosure regime applicable to public-listed companies or banks or other regulated insurance and financial institutions.
“The new anti-greenwashing provisions add litigation risk because of the reversal in the burden of proof and the fact that in [less than] a year’s time [in June 2025], private parties will no longer have to rely on the Competition Bureau to initiate an action against alleged greenwashers,” he says. “Until we have clear guidelines, it opens the door to applications by environmental groups. […] ”
