Canadians have lost the ability to bring private complaints against businesses over certain misleading environmental claims, following changes to federal competition law that come amid controversy over the Carney government's advertising on greenhouse gas emissions.Blacklock's Reporter says the Competition Bureau announced Friday that amendments to the Competition Act have eliminated private access to the Competition Tribunal for complaints involving claims about the environmental benefits of businesses or their activities.The announcement follows the bureau's rejection of a complaint by NDP MP Don Davies, who accused the federal government of misleading Canadians through taxpayer-funded advertising promoting its environmental policies.“The Bureau reviewed its existing guidance and made the necessary updates to provide businesses with additional clarity on the changes, and the Bureau’s enforcement approach,” the agency stated.The changes “eliminated private parties’ ability to bring applications related to businesses’ environmental claims to the Competition Tribunal,” it said.Parliament introduced stricter rules against misleading environmental advertising in 2024 through Bill C-59, An Act To Implement Certain Provisions Of The Fall Economic Statement To Amend The Competition Act.The legislation prohibited businesses from making unsupported claims about the environmental benefits of products or their ability to reduce the effects of climate change.Specifically, the law prohibited any “statement, warranty or guarantee of a product’s benefits for protecting the environment or mitigating the environmental and ecological effects of climate change that is not based on an adequate and proper test, the proof of which lies on the person making the representation.”Beginning June 20, 2025, private parties were permitted to seek authorization from the Competition Tribunal to pursue complaints involving deceptive marketing practices.However, subsequent amendments that took effect in March removed that avenue for certain environmental claims.“Beginning on June 20, 2025 private parties were able to directly apply for permission to file an application against businesses under the deceptive marketing practices provisions of the Act,” the bureau explained.“However amendments to the Act that came into force in March eliminated private access for claims about the environmental benefits of a business or business activity.”.The bureau did not explain the policy rationale for the change in its Friday notice.The announcement comes after the agency declined to investigate allegations that the federal government was misleading Canadians about its environmental record.On September 9, the Competition Bureau dismissed a complaint submitted by Davies, the NDP MP for Vancouver Kingsway, concerning federal television and YouTube advertisements.“The Bureau has decided not to undertake an investigation,” the agency stated at the time, without providing an explanation.Davies alleged the advertisements falsely suggested the Carney government's energy policies would reduce greenhouse gas emissions.One advertisement declared: “As the world races to clean energy, Canada’s government will use our natural advantage to build world-class energy projects that bring down costs, create thousands of new jobs and lower emissions.”However, Prime Minister Mark Carney acknowledged on June 30 that changes introduced by his government would result in higher emissions than previously projected under the former government's policies.“The changes we have made will mean our emissions will be higher in the next few years than they were projected to be under the previous government’s plan,” Carney said.Davies argued the government's advertising contradicted the prime minister's own admission.“This is clear misrepresentation to the public,” Davies said.“The Carney government is spending millions of tax dollars to mislead them,” he added.“The Prime Minister has admitted that emissions will rise under his energy plan, yet his government is running ads claiming it will lower them. That’s deceptive marketing and it’s against the law.”.The Competition Bureau did not publicly explain why it rejected Davies' complaint.The changes to private access concern environmental claims made by businesses and do not eliminate the Competition Bureau's own authority to investigate potentially deceptive marketing.They also do not establish whether federal government advertising falls within the same provisions of the Competition Act.The controversy highlights an ongoing dispute over environmental advertising rules, government accountability and the ability of Canadians to challenge claims they believe are misleading.
