Private equity and the ESG advantage: Addressing risks and opportunities in M&A
As private equity funds (PE funds) face increased scrutiny for their environmental, social, and governance (ESG) practices, it is increasingly important for PE funds to consider ESG factors in their investment decisions and operation of portfolio companies. This article discusses...
Driving down Canada’s transportation emissions: Federal Clean Fuel Regulations now in force
Canada’s long-awaited Clean Fuel Regulations (CFR, under the Canadian Environmental Protection Act, 1999) came into force on July 1, 2023. Efforts to develop a national clean fuel standard began in 2016, the objective of which is to incentivize the adoption...
ESG update: Appetite for enhanced climate and diversity disclosure gaining steam in Canadian capital markets
Introduction Earlier this year, Miller Thomson published an article that examined notable environmental, social and governance (“ESG”) disclosure requirements mandated by securities regulators and encouraged by proxy advisory firms.[1] Subsequently, there have been significant developments pertaining to board diversity and environmental...
Proposed changes to the Oil, Gas and Salt Resources Act: Carbon capture, utilization and storage
We previously produced a Practical Primer on Carbon Capture for Business and we continue to actively monitor developments in the regulatory environment relating to carbon capture use and sequestration. In that light, we note the following proposed changes to the...
The right to a healthy environment recognized in federal Canadian law
Last week, amendments to the Canadian Environmental Protection Act, 1999 (“CEPA” or the “Act”) were passed by the House of Commons which, amongst other things, update the Act to recognize the right to a healthy environment. In April 2021, Minister...
Sustainable finance: A panel discussion and key considerations
As net zero goes mainstream, sustainable finance is being increasingly recognized for its critical role in supporting the actions needed to transition towards a low-carbon economy and to preserve, maintain and restore biodiversity. The amount of capital needed by both...
Bruno Caron quoted in Globe and Mail article on sustainability-linked bonds
The Globe and Mail, "Investors criticize popular sustainability-linked bonds as investors warn of false environmental claims"
In the article, Bruno Caron comments on the penalties for failing to meet sustainability-linked bonds targets. …the penalty for failing to meet SLB targets “is sometimes very low.” The average increase in a bond’s coupon rate, he said, is about...
Jason Kroft and Ghazal Hamedani author article on Canadian provincial carbon regimes
In this article from Energy Regulation Quarterly, Jason Kroft and Ghazal Hamedani outline the provincial carbon regimes across Canada: There was no shortage of legal appeals against the Greenhouse Gas Pollution Pricing Act (the “Act”) enacted in 2018, under which...
Jason Kroft quoted in OsgoodePD article on ESG risks and opportunities
Jason Kroft comments on ESG opportunities and risks for businesses in an OsgoodePD article – “ESG Risks Impossible to Ignore as Environmental Issues Go Mainstream”: Awareness and activity on ESG have risen dramatically over the years for business, just as...
Mathur et al: Youth climate litigation against Ontario government found to be justiciable but dismissed for failing to establish charter violations
On April 14, 2023, the Ontario Superior Court (the “ONSC”) released its highly-anticipated decision in Mathur et al v His Majesty the King in Right of Ontario [Mathur et al] in which it held that, although the Application raised justiciable...
