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Fintechs Face New Green Claim Rules Under Competition Act

Regulation | June 6, 2025

Freepik greenwashing claims

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Fintechs Need to Verify Green Statements With Facts or Face Enforcement

On June 5 2025, the Competition Bureau of Canada released final guidelines for greenwashing rules. The new rules apply to any business making environmental claims when selling products or promoting business activities including financial tech companies, ESG platforms, green loan providers, carbon credit startups, and any firm using green language in advertising, websites, or investor materials.

See:  Canada’s Competition Plan Is Getting More Serious

These updated guidelines reflect changes to the Competition Act which began on June 20, 2024. The law now clearly defines when green claims are allowed and what kind of evidence is needed to support them. The Bureau says they developed the final rules after reviewing over 400 public submissions, and are now in force.  Now any firm that makes an environmental claim about it's product or business must be ready to prove it with fact-based evidence and proper documentation.

What the New Rules Mean

There are two provisions in the new Competition Act about greenwashing, (1) one about environmental benefit claims of individual products; and (2) another about environmental claims about a company and its business activities.

If a fintech makes a green claim about a product (i.e., protects the environment or reduces harm), it must be backed by suitable testing before the claim is made.  Anecdotal evidence such as customer reviews or sales figures are not proper testing.

See:  Planetary Health Check 2024 and Canadian Climate Tech

If a fintech claims that the company is environmentally responsible or heading toward net zero, then the claim must meet a reliable standard or an accepted protocol in Canada and internationally, including frameworks like ISO 14064 or GHG Protocol.

The Bureau makes it clear that companies must not exaggerate environmental benefits.  Can't be vague or use 'feel good' language like 'eco-friendly' or 'sustainable' unless the claim is backed by specific evidence.   For example, a product that uses 20% recycled packaging cannot advertise itself as 'environmentally neutral' unless the rest of the product has been tested to meet that standard.

Claims about future benefits, such as achieving carbon neutrality by 2030, require a clear and verifiable plan with interim targets and real progress tracking towards that goal.

Implications for Fintechs

There are numerous green financial products from lending products tied to home retrofits, solar energy or electric vehicles to 'low carbon' investment portfolios that will be impacted.  If these products are being advertised as good for the environment or tied to climate goals then firms must now have data/documentation to support those claims or face enforcement.

See:  Report: ESG Ratings and Data in Financial Services – Practitioners Perspective

  • So, an AI robo-advisor offering a green investment plan must clearly show how each fund or investment in that portfolio qualifies based on accepted criteria.
  • A lending platform that advertises 'net zero mortgages' must be able to document the full environmental impact analysis of the financial model, such as how energy savings are calculated and measured.
  • Fintechs making environmental claims for investor presentations or in public materials, or in consumer advertisements, website copy etc all face the same legal standard.

The Bureau expects to see testing evidence before any green claim is made.  What was the methodology used to support the green claim and is it internationally recognized and suitable in the Canadian context.

Enforcement and Significant Risk

Penalties for corporations can reach up to $10 million for the first violation and $15 million for every violation thereafter. Also, if the value derived from the green claim benefit cannot be accurately measured, then the penalty can be up to 3% of the corporation's global gross revenue. The Bureau has already taken enforcement action in previous greenwashing cases, including against Keurig and Volkswagen.

Also as of June 20, 2025, individuals and private organizations can apply directly to the Competition Tribunal to challenge misleading green claims, opening the door for private sector oversight and potential legal action from investors, competitors, and consumer advocates.

See:  Canadian Banks Face Scrutiny Over Sustainability Claims

There is however one safeguard for companies, which is a due diligence defence.  If a fintech can show that it took reasonable steps to verify its claims and they followed recognized practices, it may help them avoid fines.  Going forward, the pressure and burden is on companies to have robust compliance and documentation from engineering product development teams to marketing.

Outlook

The bar is raised.  For fintechs operating in Canada, green language can no longer be used for branding and promotion without properly being supported as it's a legal risk.  Having said that, Canadian fintechs that can back up their green claims and properly document them will improve credibility with customers, regulators and global partners alike.  Now how many of the banks will back off from their environmental claims?


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