Brian Zinchuk is editor and owner of Pipeline Online
Reaction has been fast and furious across the oilpatch to Bill C-59, which includes essentially a gag law against the energy industry talking about doing good by the environment. Pipeline Online is publishing numerous statements posted or emailed on June 20, verbatim.
Editor’s note: Note that several organizations have already pulled content from their websites and social media. This is authoritarian censorship, no doubt about it.
There is no way in hell Pipeline Online will be censored in this manner. I did not wear an air force officer’s reservist’s uniform for seven years to be gagged by my own federal government. I see your gag law, Ottawa, and raise you Sec. 2(b) of the Canadian Charter of Rights and Freedoms, which states, “2 Everyone has the following fundamental freedoms:
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(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
Apparently, many other feel the same. Here are the statements, thus far, including the headlines that were included with some statements:
Canadian Association of Petroleum Producers (CAPP)
CAPP Statement: Bill C-59 Competition Act Amendments Effectively Muzzles Canadian Businesses
Calgary, Alberta (June 20, 2024) Statement from Lisa Baiton, CAPP President & CEO:
The Canadian Association of Petroleum Producers (CAPP) has worked diligently to be the source of non-partisan and credible information about Canada’s upstream oil and natural gas industry supported by the values of transparency, accuracy, and data with veracity.
CAPP is extremely disappointed with, and opposed to, the Competition Act’s amendments related to environmental representations with respect to the benefits of a business or business activity included in Bill C-59.
Debates around the environment and environmental policy are some of the most important issues facing Canadians today. Parliament’s approach with this legislation and its threat of very significant penalties will curtail the ability of many Canadians to participate in debates around climate and environmental policy. The effect of this legislation is to silence the energy industry and those that support it in an effort to clear the field of debate and to promote the voices of those most opposed to Canada’s energy industry.
Buried deep into an omnibus bill and added at a late stage of Committee review, these amendments have been put forward without consultation, clarity on guidelines, or the standards that must be met to achieve compliance. As a result, businesses across Canada are being put at significant risk for communicating their efforts to reduce their impact on the environment.
The burden of proof provision included in the amendments means those making the complaint face no risk or accountability. Rather, the burden falls entirely on companies to justify how the comments they have made on public policy issues like climate and the environment accord with the newly introduced and nebulous “internationally recognized methodology”.
The amendments also empower private parties to compel companies to appear before the Competition Tribunal to defend themselves. This radical shift from current practice, where only the Competition Bureau enforces misleading advertising laws, opens the floodgates for frivolous, resource-draining complaints.
The ambiguity of these amendments to the Competition Act coupled with very significant penalties for violating these provisions, effectively prevents not only CAPP, but any business that wants to communicate its environmental efforts, from having important discussions with Canadians.
As a result, CAPP has chosen to reduce the amount of information it makes available on its website and other digital platforms until the Competition Bureau has released further guidance on how these amendments will be implemented.
CAPP will continue to support its members in their drive to lower emissions and it is our hope the Competition Bureau will undertake the consultation with Canadians and Canadian businesses that has not been done. In the implementation of these amendments, there needs to be a pathway that enables businesses to communicate their efforts to reduce their impact on the environment, their goals for the future, and their performance against those goals.
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Pathways Alliance:
June 2024
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.
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. This is a direct consequence of the new legislation and is not related to our belief in the truth and accuracy of our environmental communications.
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.
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Canadian Association of Energy Contractors:
The Canadian Association of Energy Contractors (CAOEC) calls for the repeal of the Competition Act amendments.
Today, CAOEC President & CEO Mark Scholz joined a growing number of industry leaders in expressing concern over and in opposition to the recent passage of amendments to the Competition Act contained in Bill C-59.
“The ambiguity on guidelines and lack of clear definition for the standards that must be met to achieve compliance mean industry will be severely restricted in addressing its ongoing efforts to contribute to important discussions around environmental performance, policy, and regulation,” stated Scholz. “These ill-considered changes bear all the signs of legislation that was hurried through a flawed process with little to no meaningful consultation, and will undoubtedly impact our members’ ability to demonstrate their advancements in creating a more sustainable energy services sector.”
While CAOEC will contribute to any forthcoming consultation process outlined by the Liberal federal government as is clearly needed to bring to light the many flaws in the legislation, Scholz has called for the repeal of the Competition Act amendments in the forthcoming fall Parliamentary Session.
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Cenovus Energy Inc, Suncor, Imperial Oil, Canadian Natural Resources Limited, MEG Energy, ConocoPhillips Canada:
Competition Act amendments silence Canadian businesses taking climate action
(All these companies issued copies of the same release)
CALGARY, Alberta, June 20, 2024 (GLOBE NEWSWIRE) — Cenovus Energy Inc. (TSX: CVE) (NYSE: CVE), as a member of Pathways Alliance, today issued the following statement with respect to the Canadian government’s Bill C-59.
As one of the largest oil sands companies in Canada, and a member of the Pathways Alliance, we are steadfast in our commitment to environmental performance and operational emissions reduction. To support our commitment, we have strived to be transparent about our actions and plans, which we believe is critical to building trust and driving improvement.
However, our ability to remain transparent has been significantly compromised as a result of Bill C-59, which was recently passed and includes amendments to the Competition Act related to environmental and climate disclosure. With these changes, it is possible that certain public representations by a business about the benefits of the work it is doing to protect or restore the environment or address climate change will violate the Competition Act and subject it to significant financial penalties unless the business can adequately and properly substantiate their claims according to “internationally recognized methodology,” which may or may not exist.
Creating a public disclosure standard that is so vague as to lack meaning and that relies on undefined “internationally recognized methodology” opens the door for frivolous litigation, particularly by private entities who will now be empowered to directly enforce this new provision of the Competition Act. This represents a serious threat to freedom of communication.
These amendments create significant uncertainty and risk for all Canadian companies regardless of sector, that communicate publicly about environmental performance, including actions to address climate change. As a result, we have been forced to remove information on environmental and climate performance, progress, and plans from our website, social media platforms and other communications channels at this time. These actions are a direct consequence of this legislation and are not related to our commitments or belief in the accuracy of our environmental communications.
The result of this legislation, which has been quickly put in place with little or no consultation, is to silence Canadian businesses taking climate action. We will continue to impress on the federal government the need for clarity regarding these new amendments so that we and all other industries can share the important work we are doing to preserve and restore the environment and address climate change.
(This same press release was issued by the six members of the Pathways Alliance
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Alberta Premier Danielle Smith:
My full statement on Ottawa’s illegal bill C59, along with Energy and Minerals Minister Brian Jean, and Environment and Protected Areas Minister Rebecca Schulz:
The federal Liberal and NDP coalition has passed draconian legislation that will irreparably harm Canadian’s ability to hear the truth about the energy industry and Alberta’s successes in reducing global emissions.
Alberta is a global leader in the complex effort to reduce emissions from our energy industry while delivering the resources our nation and the world need to live and thrive. We need a lucid partner in Ottawa that is willing to work with us and not demonize one of Canada’s largest employers and industries.
Bill C-59, when it receives royal assent, will prevent private entities from sharing truthful and evidence-based information that happens to oppose the extreme and untruthful oil and gas narrative of the federal NDP and Liberals. This is being done to intentionally intimidate boards and shareholders, silence debate, and amplify the voices of those who oppose Canada’s world leading energy industry.
Indeed, it would appear to be part of an agenda to create chaos and uncertainty for energy investors for the purpose of phasing out the energy industry altogether. Ironically, this kind of absurd authoritarian censorship will only work to stifle many billions in investments in emissions reducing technologies – the very technologies the world needs to reduce emissions while avoiding energy poverty for billions around the world.
We’re already seeing the NDP-Liberal coalition’s plan play out as organizations like Pathways Alliance and the Canadian Association of Petroleum Producers are making difficult decisions to remove websites, reduce available information, and cease advertising out of fear that if they do not comply with the narrative of eco-extremists like Minister Stephen Guilbeault and Jagmeet Singh, their companies will face tens of millions in penalties. This is a direct consequence of the new legislation and is not related to the truth and accuracy of our environmental communications.
We have won in court before against this lawless government, and we will win again if needed. Alberta’s government is actively exploring the use of every legal option, including a constitutional challenge or the use of the Alberta Sovereignty within a United Canada Act to protect the free speech rights of all Alberta workers, leaders and companies in our world-class energy sector.
We will continue to relentlessly defend our province, its people, their free speech rights and their livelihoods without pause or apology.
My full statement on Ottawa's illegal bill C59, along with Energy and Minerals Minister Brian Jean, and Environment and Protected Areas Minister Rebecca Schulz:
The federal Liberal and NDP coalition has passed draconian legislation that will irreparably harm Canadian’s ability… pic.twitter.com/rdjmSUfstU
— Danielle Smith (@ABDanielleSmith) June 20, 2024
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Eric Nuttall, Ninepoints Partners:
What does it say about the strength of your argument when you silence the opposing side with legislation? This actually passed in the Canadian House of Commons and awaits royal ascent. Vague standard (what “internationally recognized methodology”?) + threat of massive fines (up to 3% of a company’s gross annual revenue) = I believe muffling a sector that could be leading the way in decarbonization (ie.@cdnoilsands) by its very own Government.
What does it say about the strength of your argument when you silence the opposing side with legislation? This actually passed in the Canadian House of Commons and awaits royal ascent. Vague standard (what "internationally recognized methodology"?) + threat of massive fines (up… https://t.co/nekM4XNy2G pic.twitter.com/nFYGhZvG05
— Eric Nuttall (@ericnuttall) June 20, 2024
Deidra Garyk, energy advocate:
The #Canadian Parliament passed Bill C-59 that includes changes to the Competition Act, giving the Competition Bureau Canada increased authority to address #greenwashing complaints, vexatious or credible.
While focus has been on the muzzling of #oil and #gas supporters, this Bill is agnostic and, therefore, allows all industries to be targeted. Although, oil and gas is likely to be disproportionately aimed at and penalized since anyone can go onto the Bureau’s website and easily complete a complaint form. You don’t even have to be a victim to file a complaint; a company can literally be accused of a victimless crime.
Companies will soon be caught in a catch-22 – they will have to report under #sustainability and #climate-related disclosure regulations while also worrying about complying with Bill C-59.
This Bill creates a sort of invisible gag, attempting to create a panic that results in self-censorship. I don’t plan to be silent. I will continue to advocate for responsible Canadian #resource development even though I could be subject to fines up to $750,000.
Greenwashing exists and it’s a problem; however, too many of our institutions have broken our trust, so how can citizens be confident that this law will not be used to unfairly harass and oppress the #hydrocarbon industry or other “unsavoury” industries at the whim of nefarious “environmentalists” and a witting bureaucracy?
I will have more to say once I digest what has happened. Although, I will say that I’m concerned about the overt censorship cloaked in the guise of public safety by the managerial state, and I don’t think these things are taken seriously enough by historically compliant Canadians.
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Robbie Picard, Oilsands Strong/Oil And Gas World:
Terry Winnitoy, Co-founder, EnergyNow:
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Bill Whitelaw, geoLOGIC Systems, JWN Energy:
And while the federal government goes all evangelical in its misguided attempts to eliminate the former, it can be accused of indulging in the latter to achieve that end.
“Brainwashing, also known as mind control, menticide, coercive persuasion, thought control, thought reform, and forced re-education, is the concept that the human mind can be altered or controlled by psychological techniques. Brainwashing is said to reduce its subject’s ability to think critically or independently, to allow the introduction of new, unwanted thoughts and ideas into their minds, as well as to change their attitudes, values, and beliefs.”
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