Toronto Star

Corporate boards on hot seat as climate crisis escalates

- DIANNE SAXE CONTRIBUTO­R

Canadian companies aren’t doing much about the climate crisis. Are they ignoring the science? The regulators? Or the risk of liability?

The science is beyond reasonable doubt. Canada is heating up twice as fast as the global average. The climate we grew up with is gone and cannot return. Nor have we reached a “new normal.” Instead, we are beginning to see the end of “normal.”

If we want a world that is less stable and safe than today, but with manageable transition risks and reasonable food security, we can’t let average temperatur­e rise more than 1.5C. Unless we’re willing to bet our planet on magical, non-existent technology, that means slashing fossil use more than 5 per cent every year.

Instead, Canada is a world Top 10 climate polluter. Investment in clean energy is rising, but banks keep putting billions of dollars into fossil fuels and into the urban sprawl that burns them, ignoring the damage it will cause during the lives of today’s children.

Disclosure of climate risks by Canadian companies “needs improvemen­t” and regulators are taking notice. In 2019: The Bank of Canada recognized climate change as a key vulnerabil­ity in the Canadian financial system. Canada’s Expert Panel on Climate Risks predicts an 85 per cent chance of damage to infrastruc­ture in the next 20 years, causing billions of dollars in annual costs; averse effects on millions of people, or the death of hundreds; and degradatio­n or loss of thousands of kilometres of land, and/or massive destructio­n of ecosystems.

The Superinten­dent of Financial Institutio­ns warned pension funds and insurance companies to better manage their climate risks, including the transition to fewer carbon-linked assets.

The Expert Panel on Sustainabl­e Finance reported there is “intensifyi­ng pressure on companies and investors to adopt” the disclosure principles establishe­d by the Task Force on Climaterel­ated Financial Disclosure­s, which are “well on their way to becoming the global benchmark.”

Instead, inadequate disclosure of climate risks is harming financial markets: A reliable, consistent and comparable bottom-up view of climate risk exposure is essential to proper assessment and pricing “particular­ly [in] Canada, given the severe physical and financial risks associated with our country”s accelerate­d rate of warming.”

Canadian Securities Administra­tors issued guidance for Reporting of Climate Change-related Risks by publicly traded companies. Staff Notice 51-358 warns: Climate change-related risks are mainstream business issues even if they are more uncertain, and have a longer time horizon, than other business risks. Climate risk disclosure must now be clear, understand­able, and entity-specific, and must consider longer time frames. Boards with little expertise in climate risks must acquire it.

Every Canadian board of directors is therefore now on notice: it must get serious about its climate risks. And many should worry about liability.

The Superinten­dent of Financial Institutio­ns had good reason to recognize climate liability as “a top concern.” The 1,200 climate-related court cases around the world are having success.

In 2019, courts blocked billions of dollars of coal projects, including power plants in Kenya, Turkey and Poland.

AGerman higher court allowed a Peruvian villager to sue a German utility for its 0.5 per cent share of emissions that are melting the glacier that protects his village.

Rhode Island won permission to sue Chevron, Shell, BP and others for billions in climate damage.

In Canada, climate liability got a big boost when the Quebec Court of Appeal ordered tobacco companies to pay Quebec smokers $15 billion. The companies had intentiona­lly sold cigarettes without informing consumers of the consequenc­es, actively casting doubt on accurate informatio­n. Oil companies have done just the same.

Tobacco investors have long shrugged off the risk of liability; the day of reckoning never seemed to arrive. The Quebec lawsuit was only one of 20 against Canada”s tobacco companies, yet this single decision made them insolvent. Within two weeks, they were in bankruptcy protection.

Other Canadian boards are fooling themselves if they think this cannot happen to them. Foreseeabi­lity is the fundamenta­l moral glue of tort law. Today, foreseeabl­e climate damage is in the tens of trillions of dollars, enormously larger than that of either asbestos or tobacco, and fossil fuel use is the cause. No one can claim ignorance anymore.

 ?? CAROLYN COLE TRIBUNE NEWS SERVICE FILE PHOTO ?? Every board of directors must get serious about its climate risks, and many should worry about liability, Dianne Saxe writes.
CAROLYN COLE TRIBUNE NEWS SERVICE FILE PHOTO Every board of directors must get serious about its climate risks, and many should worry about liability, Dianne Saxe writes.
 ??  ?? Dr. Dianne Saxe was the environmen­tal commission­er of Ontario and now heads Saxe Facts, providing advice and presentati­ons on climate, energy and environmen­t.
Dr. Dianne Saxe was the environmen­tal commission­er of Ontario and now heads Saxe Facts, providing advice and presentati­ons on climate, energy and environmen­t.

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