ESG & Sustainability
- Who To Contact
- Recent Developments
Environmental, social and governance (“ESG”) initiatives shape management structures, disclosure practices and sustainability commitments for a diverse range of organizations. Strong ESG performance can help businesses attract and retain investment, anticipate and respond to a wide array of risks, and capitalize on key strategic growth opportunities. As governments, investors, public and private companies and their stakeholders increasingly recognize the broad importance of achieving and maintaining strong ESG performance, proactive leaders in all sectors are integrating ESG solutions into their everyday business practices and retaining ESG experts to provide strategic advice and a competitive edge.
The Aird & Berlis ESG & Sustainability Group is composed of lawyers from key practice areas, including Capital Markets, Litigation & Dispute Resolution, Corporate/Commercial, Financial Services, Intellectual Property, Mergers & Acquisitions, Municipal & Land Use Planning, Real Estate and Tax. Properly understood, ESG considerations can be integrated seamlessly into every organization in one way or another. Our members are expertly suited to assist with matters such as:
- Board governance matters, such as board composition, cybersecurity and privacy issues, executive and board compensation, business ethics, accountability and overall governance
- Advising sustainability, ESG and clean-tech focused clients to take advantage of emerging opportunities in the Canadian capital markets landscape
- Oversight of ESG and sustainability risks and opportunities, and stakeholder engagement, including peer group analyses and benchmarking assessments
- ESG disclosure frameworks and the production of voluntary ESG disclosures, and mandatory ESG disclosures as new reporting requirements emerge
- Transactional due diligence, corporate due diligence, and environmental risk identification and analysis, and negotiating related transactional risks
- Management of supply chain and procurement policies, risks, procedures and opportunities
- Emerging sustainable finance opportunities and complying with existing and developing ESG standards
- Environmental assessments, approvals and compliance obligations and compliance with energy efficiency standards
- Tax implications of ESG regulations and structuring transactions in a tax efficient manner that aligns with ESG goals
- Sustainability-related aspects of commercial real estate purchases, leases, and renting arrangements, and real estate joint venture initiatives focused on the development and/or sale of energy efficient and environmentally friendly properties
- The protection of ESG and sustainability-focused innovations, technologies and products through patents, trademarks and copyrights
- Employment laws and regulations that impact ESG, such as equity, diversity and inclusion policies, workplace health and safety and employee relations
- Indigenous rights and issues, including best practices for engaging with communities, joint venture negotiation, project support and impact benefit agreements
- Affordable housing projects and other ESG and sustainability-related opportunities and partnerships with municipalities
ArticleBill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff received royal assent from Canada’s House of Commons on May 11, 202...
ArticleNewly introduced standards have been introduced to help simplify the ESG reporting landscape, which has long been criticized for being overly complex.
ArticleMore than 350 federally regulated financial institutions in Canada are required to comply with the new Guideline B-15 developed by the Office of the Superintendent of Financial Institutions.
ESG and Capital Raising: An Overview of the Unique Sustainable Finance Tools Available to Canadian BusinessesThis article seeks to provide a high-level overview of the key sustainable finance options that are available for both public and private businesses in Canada. Choosing the right option will depend on...
ArticleIn recent years, environmental, social and governance (“ESG”) initiatives have become a driving force in many industries, and the banking sector is no different.
Responsible Sourcing and Supply Chain Diligence: What Canada’s Proposed Anti-Forced and Child Labour Legislation Could Mean for Your BusinessBill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff, which was introduced by the federal government of Canada on Novemb...
Proposed Climate-Related and ESG Disclosure Requirements: Insights and Guidance for Junior Mining IssuersSince the proposed National Instrument 51-107 Disclosure of Climate-related Matters and its Companion Policy 51-107CP Disclosure of Climate-related Matters (collectively, the “Proposed Instrument”) wa...
ArticleAs the CSA pays an increasing amount of attention to ESG disclosures in existing and proposed legislative instruments, issuers ought to be aware of the consequences under securities law in Canada for ...
CSA Seeks Stakeholder Feedback on National Instrument 43-101 Standards of Disclosure for Mineral ProjectsThe Canadian Securities Administrators recently published Consultation Paper 43-401 – Consultation on National Instrument 43-101 Standards of Disclosure for Mineral Projects to obtain stakeholder feed...
ArticleOn October 18, 2021, the Canadian Securities Administrators released proposed National Instrument 51-107 Disclosure of Climate-related Matters and its Companion Policy 51-107CP Disclosure of Climate-r...
EnergyInsiderThe Ontario Minister of Energy has asked the Independent Electricity System Operator to take steps toward creating a voluntary clean energy credit market for Ontario. The plan would see voluntary clea...
ArticleAlmost seven years following the adoption of the gender focused corporate governance disclosure rules set out in National Instrument 58-101 Disclosure of Corporate Governance Practices, recent data pu...