Canada’s Competition Act amendments

Pathways Alliance has always strived for clear, factual communications to Canadians and we remain fully committed to the work we are doing since our organization was formed.

Currently, there is uncertainty on how the new legislation will be interpreted and applied and the amendment was introduced with no notice, consultation or time for industry to assess the implications and respond in any way other than an immediate pause.

To the extent the Competition Bureau can provide clarity through specific guidance, that will help guide our future communications about the work we are doing together.

We believe our industry has a key role to play in addressing environmental impacts of oil sands production including helping Canada achieve its greenhouse gas emissions targets, while also supporting a vibrant economy and providing Canadians with secure access to affordable energy.

We agree with the need for accuracy of public communications and have no issue with the establishment of clear criteria to ensure that industry is meeting that expectation. However, the proposed legislation offers no way to measure compliance other than a reference to “internationally recognized methodologies” that have not been specifically identified and may not exist for certain public representations.

The changes to the Competition Act create uncertainty regarding the new standard for our public communications and its presently unclear how the new legislation will be interpreted and applied.

Additionally, creating a public disclosure standard that is so vague and that relies on undefined “internationally recognized methodologies” opens the door for frivolous litigation by private entities – something also enabled by the recent amendments to the Competition Act.

Despite this uncertainty, we remain committed to communicating on behalf of the oil sands industry and the hundreds of thousands of Canadians working in our industry. Since Pathways Alliance was formed in 2021, we’ve always strived for clear and factual communications to Canadians.

We look forward to the Competition Bureau publishing specific guidance on the applicability, interpretation and enforcement of the new provisions in the Competition Act.

There is uncertainty on how the new legislation will be interpreted and applied, for example:

What is an acceptable “internationally recognized methodology”?

What if there are conflicting internationally recognized methodologies?

What if there is no relevant internationally recognized methodology in relation to a particular type of representation? 

What constitutes “adequate and proper substantiation”?

To the extent the Competition Bureau can provide clarity through specific guidance, that will help guide our future communications about the work we are doing together.

Yes, we are still pursuing our proposed foundational CCS project.

The new law does not change the intent of Pathways Alliance nor the work we are doing. However, the changes to the Competition Act do impede our ability to publicly discuss the work, on account of the vagueness of the law.

Our work has not stopped because of the changes to the Competition Act, but the changes do affect our ability to publicly discuss the work.

Communicating to Canadians in a clear and factual manner about the work we are doing to address the environmental impacts of oil sands production is important to us. We plan to resume our communications as soon as reasonably possible.

Given there is uncertainty on how the new legislation will be interpreted and applied, to the extent the Competition Bureau can provide clarity through specific guidance, that will help guide future communications about the work we are doing together.