The new Competition Act will empower private citizens to police environmental statements, in some cases for money

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By Andrew Roman

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June 20 is Enviro-vigilante Day in Canada. That’s when vigilantes — self-appointed prosecutors — can begin to go after any business, large or small, that says anything at all about its efforts to improve its environmental performance. What’s more, Canada’s newly amended Competition Act, which comes into force that day, says accusers can be paid for their efforts.

After June 20, if a vigilante accuses your business of “greenwashing,” the law imposes a reverse onus: contrary to both the presumption of innocence and almost a millennium of British common law, it presumes you are guilty unless and until you can prove your innocence. How do you do that? Catch-22: the law makes it all but impossible. You must prove your statements are truthful in accordance with something it calls an “internationally recognized methodology” (IRM). That means an internationally accepted standard for determining the truth of your statements.

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