Canada’s Competition Act amendments

Net zero is an important concept to drive global action on carbon dioxide emissions. The Competition Act changes make it more difficult to publicly discuss our work due to the vagueness of the law.

However, we are continuing work on our proposed carbon capture transportation and storage network in Alberta and advancing environmental innovations, including through the Canadian Oil Sands Innovation Alliance.

Pathways Alliance remains committed to the work we are doing. Since our organization was formed in 2021, we’ve always strived for clear, factual communications.

We believe our industry has a key role to play in reducing environmental impacts of oil sands production, helping Canada reduce its CO₂ emissions, supporting a vibrant economy and providing Canadians with secure access to affordable energy. 

In June 2024, we made significant changes to our environmental communications, including the temporary stand-down of our website, due to the significant uncertainty created by changes to Canada’s Competition Act that specifically focus on environmental communications. With no notice, consultation, or time for industry to assess the implications of these legislative changes, and no understanding of how new provisions in the Act may be interpreted and applied, we decided to suspend all environmental communication pending further clarification from the Competition Bureau.

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. 

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 make it more difficult to publicly discuss our work, due to the vagueness of the law. This is coupled with the new ability for private individuals or entities through private litigation to impose their views of what other parties should be allowed to say using new provisions of the Competition Act, raising the risk of frivolous lawsuits.