Canada’s Competition Act amendments

Net zero is an important concept to drive global action on carbon dioxide emissions. Changes to Canadian law in 2024 have inhibited our ability to discuss our efforts the same way we have done in the past.  

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

Pathways Alliance continues to believe that the 2024 amendments to the Competition Act related to environmental claims should be removed.  

The guidelines announced by the Competition Bureau in June 2025 are non-binding and only provide an indication of how the Competition Bureau will approach enforcement but have no bearing on claims brought by private litigants. Businesses should be able to speak openly and truthfully about what they are doing to improve environmental performance without fear of meritless litigation by private entities.  

These anti-greenwashing provisions – on account of their vagueness and the ambiguous standard they create – continue to put Canadian businesses at a competitive disadvantage when compared with competitors in other countries.  

Pathways Alliance continues to believe that it is important to ensure that the statements made on environmental and other matters are accurate and not misleading. Since our organization was formed in 2021, we’ve always strived for clear, factual communications.  

Businesses must be able to openly communicate with regulators, without fear of exposure to politically motivated litigation and substantial financial penalties under the Act. If businesses are not able to speak about their environmental efforts and targets for fear of non-compliance with an unclear law or the risk of frivolous private applications, this could also negatively affect Canada’s reputation as an environmental leader.   

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. 

Pathways Alliance continues to believe that it is important to ensure that the statements made on environmental and other matters are accurate and not misleading. 

Important conversations about the environment and resource development are happening across this country, and we feel we have a role to play in being part of that dialogue. We remain committed to communicating on behalf of the oil sands industry and the hundreds of thousands of Canadians working in our industry.  

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 interpretation of the Competition Act, raising the risk of frivolous lawsuits.