Greenpeace Canada v. Pathways Alliance

Greenpeace Canada submitted a complaint to the Competition Bureau of Canada in March 2023 alleging that the Pathways Alliance’s “Let’s clear the air” advertising campaign makes false and/or misleading representations to the public. Formed in 2021, the Pathways Alliance (Pathways) is a coalition of six of Canada’s largest oil sands producers: Canadian Natural Resources Limited, Cenovus Energy, ConocoPhillips Canada, Imperial, MEG Energy, and Suncor Energy. Collectively, these six companies produce 95% of Canada’s oil sands production and are responsible for 63% of Canada’s total daily oil production. Greenpeace Canada alleges that Pathways’ claim that they are actively reducing emissions and helping Canada achieve its climate targets are false and misleading for the following four reasons: (1) Pathways’ net zero plan fails to incorporate the lifecycle of their produce and does not account for more than 80% of their emissions meaning that their own calculations do not result in them achieving net zero; (2) Pathways members claim to be “making strides toward net zero” but at the same time are expanding their fossil fuel production; (3) Pathways has indicated that the only issues facing their carbon capture and sequestration project are related to financing and regulatory approval but the technologies themselves are speculative; and (4) the representations give the impression that Pathways is a climate leader, but individually and through industry affiliation, Pathways members have advocated, advertised, and/or spoken against climate action in Canada. Greenpeace Canada has asked the Competition Bureau to have Pathways: (1) remove all the representations about reducing emissions, achieving net zero, cleaning air, and combatting climate change; (2) issue a public retraction of these statement; and (3) pay a fine that is the greater of $10 million or 3% of worldwide gross revenues to organizations for the rehabilitation and clean-up of oil sands production. The Competition Bureau has not yet made a determination, however, in June 2024, Pathways removed the statements from their website following amendments to the Competition Act