Advocacy is most powerful when it is principled, persistent and grounded in the real world experience of the people it represents. Over the past year, Alberta Enterprise Group (AEG), along with others, have demonstrated exactly that through our work on Bill C59; work that has now resulted in meaningful legislative change at the federal level.
I am proud to share an important victory for Alberta businesses, for free expression and for balanced public policy. The Federal Government has amended Bill C59 and removed the provisions AEG challenged in court. Our legal action was the catalyst for this outcome, and it underscores the value of standing up when legislation threatens the ability of Alberta businesses to participate fully and fairly in national conversations.
Why AEG Took Action
Bill C59 included sweeping amendments to the Competition Act that went beyond addressing false or misleading environmental claims. Sections 236 and 254 would have imposed a reverse onus on businesses making any environmental statement about their products, operations or future plans.
This meant that even true, reasonable or defensible statements could be deemed unlawful if they were not backed by “adequate and proper tests” or “substantiation in accordance with internationally recognized methodology,” standards that were undefined, vague and in many cases, impossible to meet.
From the Statement of Claim, here are a few examples of what AEG challenged:
- Reverse Onus on Environmental Claims: Businesses would have been required to prove, in advance, that any environmental representation about a product, a business or even future goals, met undefined verification standards.
- Restrictions on Opinions and Forward Looking Statements: The provisions applied even to statements of opinion or aspiration, such as emissions reduction goals or sustainability commitments, which by their nature cannot be “proven” through testing.
- One Sided Impact on Public Debate: Environmental activists, politicians and other non-business actors faced no equivalent restrictions. Only businesses were subject to these penalties, creating what the Statement of Claim called a “one sided legislative gag order.”
- Expanded Ability for Private Parties to Launch Complaints: Bill C‑59 allowed private parties, including political opponents or activist groups, to initiate tribunal proceedings without needing to show harm or even demonstrate that a statement was false.
A Coordinated Effort and a Measured Resolve
The lawsuit, led by constitutional lawyer Peter A. Gall, K.C., was grounded in the Charter right to freedom of expression. In the end, the new Federal Government accepted the arguments we advanced and removed the challenged provisions from Bill C‑59. Behind the scenes, a broad coalition of industry partners and concerned business owners strengthened this effort. Together, we explored every option to move the matter forward efficiently.
A Win for Alberta—and for Canada
When something is wrong, advocacy and collaboration matter. The success in amending Bill C59 shows what is possible when industry stands together and pushes back. This was not just AEG’s victory; it was a collective effort to defend Alberta’s voice and ensure businesses can speak openly about their work without fear of vague or punitive rules. Victories like this prove the power of action-oriented advocacy groups like AEG and the strength we have when we work together.
