b'distinctfromthebusinesssconsumers, and the Textile La- tance and attention that such claims affiliates,partnersorsuppli- belling Act and Textile Labellingare now attracting from nearly every-ers about whose practices fullandAdvertisingRegulationsone but particularly the average con-informationmaynotbeavail- providelabellingrequirementssumer, who is increasingly focused able or reliable. For this reason,for consumer textile products. on the impacts of climate change.realistic and specific claims are Undertakealegalriskassess- preferred to aspirational vaguementwithafocusonthele- A Cautionary Noteclaims, and businesses with op- galrisksinherentforgreenThe foregoing provides only an erationsthroughmultipleen- claims. Such a legal risk assess- overviewanddoesnotconstitute titiesandjurisdictionsshouldment should identify, assess andlegal advice. Readers are cautioned makesurethatanyclaimsaremanage potential or actual risksagainst making any decisions based particular only to the applicableforclaimsrelatedtothebusi- on this material alone. Rather, spe-business, products or services, asness,itsproductsorservices.cific legal advice should be obtained.opposed to making generalizedThe assessment should consider claims.In addition, while busi- how each of the CompetitionReferencesnesses may be well-intentionedBureau,publicandcompeti- 1.https://laws-lois.justice.in their future goals, providingtors may perceive such claims ingc.ca/eng/acts/c-34/index.for too-aggressive commitmentsorder to mitigate any risks andhtmlor timelines could lead to com- shouldbeforward-lookingin2.https://www.parl.ca/ plaints if the business is not ableitsapproach. legisinfo/en/bill/44-1/c-59to meet these goals. Any futureThese best practices are particu- 3.https://mcmillan.ca/in claims should be supported by alarlyimportanttodayasnotonlysights/ready-for-change-meaningful plan with concreteregulators across different areas butbill-c-59-rewrites-the- steps to achieve the goals. alsostakeholdersandcompetitors We expect that cases filed in the EU under Considerthecategoriesofal- arenowpayingcloseattentiontocompetition-playbook4.https://mcmillan.ca/ leged greenwashing complaintsgreenwashing, thereby increasing the their greenwashing directives will be thereceivedbytheCompetitionrisk of a complaint to the Competi- insights/net-zero-plans- Bureau (as identified above), astion Bureau. As a reminder, any in- deserve-closer-attention-than-they-are-gettingstart of what is likely going to be a growingthese types of claims are mostterested person can file a complaint5.https://mcmillan.ca/ likely to raise concern and maywith the Competition Bureau. Busi-insights/squeaky-clean- lead to enforcement. nesses should therefore assess their body of internationally recognized Considerwhatothermunici- green business claims and claimscompetition-bureau-pal, provincial and federal lawsrelated to products and services fromcombats-greenwashingmethodologies and standards in this area. may be applicable to a businessa regulatory standpoint (as opposed6.https://mcmillan.ca/oritsproductsorservices,astothroughonlyamarketingandinsights/green-or-grey-theadvertisingandlabellingsales lens) in order to mitigate theregulators-target-green requirements in these laws mayrisksassociatedwithgreenwashingwashing-misleading- onaproductorpackaging,itall such forward-looking claimsoverlap with the Act or provideallegations or violations of the Act. environmental-social-and-canbeproblematicandleadmustaboveallbereasonableforadditionaltypesofclaimsGreenclaimsarenothingnew.governance-esg-claimstocomplaints. andachievableinlightoftheand consumer information. ForEnvironmental lawyers have for de- 7.https://competition-Testingmustberelevantandbusinessscurrentknowledgeexample, the federal Consumercadesassistedclientsinevaluatingbureau.canada.ca/how-beconductedbeforeaperfor- and technology and the contextPackaging and Labelling Act isand developing technologies, meth- we-foster-competition/mance claim is made. It shouldof the wider industry. applicable to prepackaged non- odologies, products and know-howeducation-and-outreach/be conducted (a) in controlled Whenaclaimisbeingmadefoodconsumerproductsandin support of sustainability and inpublic-consultation-circumstances,(b)withlittleabout a business or its productrequires accurate and meaning- ensuring compliance with regulato- competition-acts-new- to no subjectivity (as much asor services, it should be clearlyfullabellinginformationforry regimes. What is new is the impor- greenwashing-provisionspossible),(c)reflectreal-world usageand(d)insupportof thegeneralimpressioncreated bytheclaimsused.UtilizingServing the roofing industry since 2005 with test results that only happenedresponsive and dependable service and advice.by chance or that are based on similar products or services, orThe Fenn & Fenn Roofing Insurance Programhypothetical scenarios or infor-mation, would not be sufficient. General Liability and Excess Liability Insurance including Hot Works All such supporting testing data Business Property Insuranceandotherinformationshould Builders Risk, Contractors Equipment & Wrap Up Liability Insurance bepreservedsothattheycan Automobile Fleet readily be accessed (and, as ap-Contractors Pollution Liability Insurance plicable, provided) in the event Easy Certificate of Insurance Programme saves timeofalegalchallengeorregula-toryaction.Contract Surety (Bonding)Somerepresentationsmade Exceptional Service and contract risk and insurance advice to the public may be forward-looking.CarefulattentionFenn & Fenn Construction Practice, a shouldbepaidtotheuseofdivision of Hub International Ontario Ltd.firmcommitmentsorexpres-sions such as we will or weTel:(905) 836-6066promise where it may be moreToll Free:(866) 269-8799appropriatetoinsteaduseex- 70 Main Street St. S.pressions such as we plan toNewmarket, ONL3Y 3Y6orweanticipate.However, ORN THE ONLY SOURCE FOR PROFESSIONAL ICI ROOFING CONTRACTORS IN ONTARIO ONTARIO ROOFING NEWSISSUE 3 202429'