Our Publications

Aug 19th, 2021

Climate-related Legal Risks for Financial Institutions: Executive Brief

Introduction Financial sector risk leaders, risk managers, and board risk committees are increasingly aware of climate-related legal risks to financial institutions. In  Canada, the Office of the Superintendent of Financial Institutions (OSFI) has identified liability risk as a source of climate-related financial risk facing deposit-taking institutions, insurance companies, and pension funds. These risks include regulatory […]

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Jul 5th, 2021

Annual Report 2020-2021

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Jun 24th, 2021

Primer on Climate Change: Directors’ Duties and Disclosure Obligations

The evolution of our understanding of climate change from an ethical or environmental issue to one that presents foreseeable financial and systemic risks (and opportunities) over short, medium and long-term investment horizons has significantly changed its relevance to the governance of both corporations and investors. This evolution means there are serious implications for the duties […]

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Jun 16th, 2021

On the Horizon – Briefing note on TCFD-aligned mandatory disclosure in New Zealand

Canadian and other regulators globally are considering how best to embed disclosure and governance of climate-related financial risks and opportunities into financial reporting. This briefing note canvasses recent legislative initiatives in New Zealand as another example of a regulatory path towards net zero. In April 2021, the New Zealand Government introduced the Financial Sector (Climate-related […]

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Jun 2nd, 2021

Following the Footpath to Mandatory TCFD Disclosure in the United Kingdom: Lessons for Canadian and Other Regulators

Regulators in Canada and elsewhere are considering regulatory changes to accelerate the transition towards net-zero carbon emissions. Part of that consideration is whether to adopt the Taskforce on Climate-related Financial Disclosures (TCFD) four pillar framework of governance, strategy, risk management, and metrics and targets. We can learn from regulators that have already adopted measures, in […]

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May 26th, 2021

Climate Change: Legal Implications for Canadian Pension Plan Fiduciaries and Policy-Makers

According to a new legal opinion by Randy Bauslaugh, pension funds have a duty to understand and manage the financial risks and opportunities that climate change poses to funds and beneficiaries. Mr. Bauslaugh identifies the legal obligations of pension fiduciaries to consider and manage climate risks, as with any foreseeable financial risk, and discusses the […]

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