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As social, environmental and governance imperatives are gaining in importance and there is growing awareness that today’s business risks are increasingly rooted in ESG factors, McMillan is pleased to announce its expanded Sustainability/ESG offering.
The ESG Initiative is in response to growing expectations — from boards, investors, regulators, employees, customers, vendors, and communities — that companies must show leadership on ESG or risk being punished for lack of transparency and compliancy. For example, central bankers are flagging the risks of climate change. Social media activists are driving up public attention and driving down share prices of companies that are offside. Global protests like Black Lives Matter are demanding that companies work to create a more just and equitable world. Major investment houses are highlighting sustainability as a core investment focus. Media outlets are exposing that the gender gap can no longer be ignored. And governments are paying attention – using regulation to change market behaviour and impose increased costs.
The corporate governance landscape is rapidly evolving in the face of internal and external pressure from investors, stakeholders, activists, and regulators for more sustainable ESG-focused governance models. The Sustainability/ESG Initiative will assist boards of directors, C-Suite executives, executive leadership teams, chief legal officers, general counsels, chief sustainability officers and business managers to develop and implement strategies to consider, manage, and report on challenges and opportunities related to ESG and sustainability issues.
Increasingly ambitious and entrepreneurial founders are developing new ventures and technologies to reduce greenhouse gas emissions, improve environmental sustainability, and provide other climate-related solutions. These new endeavors face a wide range of novel legal and regulatory issues, from corporate structuring, capital raising, shareholder relations, tax issues, and intellectual property — all of which require a thorough understanding of the industry and expert counsel to navigate new trends.
At McMillan, the Sustainability/ESG Initiative provides fully-integrated ESG services. We advise companies on key environmental, social and governance aspects of their business, from mergers and acquisitions in the clean energy space (and M&A opportunities driven by environmental considerations) to equity/diversity/inclusion and to sustainable investment strategies. We also help companies understand what needs to be done to build toward being net-zero by 2050. Most importantly, we understand ESG risks and challenges and bring you the greatest value, by offering the full-suite of legal and business services all under one banner.
At McMillan, we can help companies not only understand the risks of environmental, social and governance inaction but how to turn these risks into opportunity for differentiation. As part of Canada’s recovery strategy, stakeholders will expect companies to be even more engaged in social, governance and environmental practices. Moving forward, corporate leaders have the opportunity to take the lead by meeting these expectations and bringing sustainable business models rooted in ESG principles to market. We believe in the importance of doing business differently — and the evidence increasingly confirms that companies that demonstrate a strong commitment to ESG are outperforming their competition on key financial measures such as financial performance, market valuation and shareholder value creation.
McMillan’s can help clients across the full environmental, social and governance spectrum:
Sustainability and ESG factors are top of the mind amongst government officials and regulators. McMillan is uniquely placed to help you navigate the responsible public officials and government ministries through its affiliated public affairs group, McMillan Vantage. Vantage includes former ministers of the Crown, deputy ministers and chiefs of staff to Prime Ministers and other senior officials who understand the value of effective advocacy and can help you make the right case to the right people.
Through broad government experience and a large network of contacts, McMillan Vantage is well positioned to bring your ESG agenda to the attention of public authorities at all levels of government. Together, McMillan and Vantage can help reduce bureaucratic delay, avoid regulatory uncertainty and add real value to your business. In addition, we can help manage your corporate reputation and build new and deeper relationships with civil society leaders and Canadians, alike.
Working together with the legal team, Vantage can avoid costly duplication by building on the sophisticated legal analysis of McMillan team members. Vantage services include:
With McMillan Vantage, we have an in-house national public affairs firm which is unique amongst leading Canadian business law firms. This can help us distinguish our ESG service offerings to established and emerging clients.
This bulletin discusses non-treaty agreements with indigenous groups in British Columbia.
Recent ESG litigation developments in Canada and what we can expect to see in the near future.
Quebec looks to adopt a right to repair and planned obsolescence Bill with particular impacts in the automotive sapce
Competition law developments aimed at addressing "greenwashing" (misleading environmental claims), including increased scrutiny by the Bureau.
The CSA cautions issuers against overly promotional "greenwashing" language in continuous disclosure in its biennial report - Staff Notice 51-364.
An overview of risks and best practices for companies in relation to environmental, social and governance (“ESG”) claims and disclosure.
In this rapidly evolving business environment, this report from McMillan’s ESG Initiative offers companies and business leaders in Canada an essential overview of ESG developments in regulations, laws and norms that have occurred over the last year.
McMillan Bulletin Proposed National Instrument 51-107 Disclosure of Climate-related Matters Canadian Securities Administrators Climate Change Disclosure
Short article on the pitfalls associated with sustainability-linked bonds.
Shareholder engagement on climate-related matters continues to grow across the globe, including Canada, these issues are a key focus area for public companies
Part of our ESG initiative, this article summarizes existing climate-related insurance initiatives and suggests programs that may be most successful in Canada.
Publication of Greenhouse Gas Offset Credit System Regulations under section 195 of the Greenhouse Gas Pollution Pricing Act.
Canada has announced a mandatory 2035 target for 100% ZEV sales. McMillan and McMillan Vantage Policy Group share what this may mean for OEMs, industry and more.
Update on developments in nuclear energy and small modular nuclear reactors in Canada, including the memorandum of understanding that was recently signed.
Climate, Credit & Canada - Growth of Green Bonds, Sustainability-Linked Credit and Net-Zero Banking
Border Carbon Adjustments are being explored by various countries including Canada in its 2021 Budget to support climate change initiatives.
Legal news bulletin discussing recent changes to ICMA Green Bond Principles.
Opportunities for Canadian Biotech Companies on the Hong Kong Stock Exchange
Across Canada, entrepreneurs are striving to develop technologies to reduce greenhouse gas emissions, improve environmental sustainability, and provide other climate-related solutions to the domestic and international markets.
The government of Canada is proposing significant changes to the Canadian Environmental Protection Act, 1999 through the introduction of Bill C-28.
In a decision released March 25, 2021, the Supreme Court of Canada ruled that the Greenhouse Gas Pollution Pricing Act is constitutional.
Taking Stock of Governance — Understanding Emerging ESG, Regulatory, and Market Trends
Please join us for an engaging panel discussion with experts and thought leaders from the political, academia, legal and business sectors to discuss the national hydrogen strategy.
This article aims to highlight five key pointers for fund managers to think about when launching an ESG fund
Will BC’s UNDRIP action plan create compliance challenges under the US Foreign Corrupt Practices Act, the UK Bribery Act Criminal Code of Canada?
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