Citing ‘uncertainty’ about Bill C-59’s environmental truth-in-advertising provision, Pathways Alliance pulls all content from its website

The Pathways Alliance, the coalition of the largest and most powerful companies operating in Alberta’s oilsands, pulled all content from its elaborate and colourful website yesterday in reaction to the modest anti-greenwashing provision included in federal Bill C-59. 

According to the Wayback Machine, all was normal at PathwaysAlliance.ca in the wee hours yesterday morning. “Canada’s oil sands are on a path to reach net-zero emissions from operations,” its home page promised. 

Sometime later in the day, however, the colourful photos of earnest researchers “studying, testing and advancing dozens of new technologies to reduce emissions” were replaced by a grimly minimalist statement fretting about the modest anti-greenwashing provision in the Fall Economic Statement Implementation Act, 2023. 

The notice warns that, “As part of late changes to the omnibus Bill C-59, imminent amendments to the Competition Act will create significant uncertainty for Canadian companies that want to communicate publicly about the work they are doing to improve their environmental performance, including to address climate change.”

Accordingly, it continues: “With uncertainty on how the new law will be interpreted and applied, any clarity the Competition Bureau can provide through specific guidance may help direct our communications approach in the future. For now, we have removed content from our website, social media and other public communications.”

The statement concludes: “To be clear, Pathways Alliance remains committed to the work we are doing. We believe our industry has a key role to play in reducing environmental impacts of oil sands production including helping Canada reduce its greenhouse gas emissions, while also supporting a vibrant economy and providing Canadians with secure access to affordable energy.”

Then the whole thing is repeated, encore une fois, en français.

It should be noted that the Competition Bureau has already committed to providing what the Pathways Alliance requests. 

It is not clear, however, if the Pathways Alliance is going to be able to pull all those pretty blue buses, trolleys and streetcars bearing the message “Our net-zero plan is in motion” from the streets of several Canadian cities. 

It would be interesting to see what transit companies have to say about that, seeing as their supply of vehicles may be limited, although I’ll leave that question to corporate media to answer. 

Regardless, the changes to PathwaysAlliance.ca seem either overwrought or highly performative, you be the judge. 

Or perhaps, as some observers of this saga commented on social media last night, it’s a tell. 

Regardless, as previously noted in this space, even without clarity from the Competition Bureau, it seems likely that all companies have to do to avoid fines or, God forbid, jail sentences for the occupants of their C-suites under the environmental truth-in-advertising provision, is to promptly obey any orders from the same agency to remove questionable statements. 

There is certainly no urgency to do anything immediately as the bill has not yet passed Parliament and become the law of the land.

Nevertheless, it would be reasonable to suppose that this is as good a way as any to ratchet up concern the greenwashing provision in C-59 is a “gag order,” as Alberta Environment Minister Rebecca Schulz falsely put it in an official Government of Alberta statement last month, or a violation of corporations’ free speech rights. 

Ms. Schulz’s statement also misleadingly conflated NDP Charlie Angus’s private member’s bill, which will die on the Order paper, and the new greenwashing provision added as an amendment to the Competition Act.

Conservative Pierre Poilievre, should he become prime minister as seems likely, is sure to repeal even that modest measure, which would require corporations making claims about the environmental benefits of their products or processes, to back them up with some evidence. 

As regular readers of this blog will be aware, the Pathways Alliance website is not the only victim if the unexpectedly impactful 54-word amendment to the Competition Act. 

Already it has led to the demise of the notorious Albert Energy War Room and resulted in the War Room’s CEO being handed his walking papers.