CAPP Statement: Bill C-59 Competition Act Amendments Effectively Muzzles Canadian Businesses
June 20 2024 - 1:57PM
Statement from Lisa Baiton, CAPP President & CEO:
The Canadian Association of Petroleum Producers (CAPP) has
worked diligently to be the source of non-partisan and credible
information about Canada’s upstream oil and natural gas industry
supported by the values of transparency, accuracy, and data with
veracity.
CAPP is extremely disappointed with, and opposed to, the
Competition Act’s amendments related to environmental
representations with respect to the benefits of a business or
business activity included in Bill C-59.
Debates around the environment and environmental policy are some
of the most important issues facing Canadians today. Parliament's
approach with this legislation and its threat of very significant
penalties will curtail the ability of many Canadians to participate
in debates around climate and environmental policy. The effect of
this legislation is to silence the energy industry and those that
support it in an effort to clear the field of debate and to promote
the voices of those most opposed to Canada's energy industry.
Buried deep into an omnibus bill and added at a late stage of
Committee review, these amendments have been put forward without
consultation, clarity on guidelines, or the standards that must be
met to achieve compliance. As a result, businesses across Canada
are being put at significant risk for communicating their efforts
to reduce their impact on the environment.
The burden of proof provision included in the amendments means
those making the complaint face no risk or accountability. Rather,
the burden falls entirely on companies to justify how the comments
they have made on public policy issues like climate and the
environment accord with the newly introduced and nebulous
“internationally recognized methodology”.
The amendments also empower private parties to compel companies
to appear before the Competition Tribunal to defend themselves.
This radical shift from current practice, where only the
Competition Bureau enforces misleading advertising laws, opens the
floodgates for frivolous, resource-draining complaints.
The ambiguity of these amendments to the Competition Act coupled
with very significant penalties for violating these provisions,
effectively prevents not only CAPP, but any business that wants to
communicate its environmental efforts, from having important
discussions with Canadians.
As a result, CAPP has chosen to reduce the amount of information
it makes available on its website and other digital platforms until
the Competition Bureau has released further guidance on how these
amendments will be implemented.
CAPP will continue to support its members in their drive to
lower emissions and it is our hope the Competition Bureau will
undertake the consultation with Canadians and Canadian businesses
that has not been done. In the implementation of these amendments,
there needs to be a pathway that enables businesses to communicate
their efforts to reduce their impact on the environment, their
goals for the future, and their performance against those
goals.
About CAPP
The Canadian Association of Petroleum Producers (CAPP) is a
non-partisan, research-based industry association that advocates on
behalf of our member companies, large and small, that explore for,
develop, and produce oil and natural gas throughout Canada. Our
associate members provide a wide range of services that support the
upstream industry.
CAPP’s members produce nearly three quarters of Canada’s annual
oil and natural gas production and provide approximately 450,000
direct and indirect jobs in nearly all regions of Canada. According
to the most recently published data, the industry contributes over
$70 billion to Canada’s GDP, as well as $45 billion in taxes and
royalties to governments across the country. CAPP is a
solution-oriented partner and works with all levels of government
to ensure a thriving Canadian oil and natural gas industry.
We strive to meet the need for safe, reliable, affordable, and
responsibly produced energy, for Canada and the world. We are proud
to amplify industry efforts to reduce GHG emissions from oil and
gas production and support Indigenous participation and
prosperity.
For additional information:
Jay AverillDirector, Communications,
CAPP403-267-1151Jay.Averill@capp.ca