ESG, Climate Risk and the Law

Corporate Diligence and Governance of ESG

ESG and Governance for Corporate, Investment and Financial Sector Boards

• Requirements under corporate law, securities law and TSX rules and guidance
• Best practices for oversight of E&S risks and opportunities, including climate and effective communication between boards and executives
• The role of the trustee in oversight of ESG and climate
• Navigating the investor and lender perspectives and key distinctions

ESG Disclosure and Reporting Obligations and Risks

• Crucial developments, new obligations and determining “good” vs. “bad” disclosure
• How are companies actually disclosing and reporting ESG issues?
• Overview of key risks, challenges and legal issues to keep top of mind
• Targets and regulatory/legal policy changes and trends – Canadian and global

Executive Compensation and ESG

• Why is executive compensation important for ESG?
• Important developments and trends, nationally and globally
• Methods for evaluating executive compensation and linking it to E&S/climate performance
• Practical considerations, lessons learned and tips to overcome common pitfalls

Engagement with Shareholders, Indigenous Rights Holders and Other Key Stakeholders

• The importance of consultation, clear communication and engagement
• Navigating challenges for investment managers, investee companies and other key stakeholders
• Indigenous rights and considerations, modern slavery, child labour issues
• Building an effective and proactive ESG/ sustainability engagement strategy

Strategic ESG Governance Topics and Pension Fund Governance

Privacy and Cybersecurity Board Implications

• Data privacy overview for ESG, major legal developments and trends
• Cybersecurity risks, challenges and legal issues
• Assessing board implications, planning and reporting strategies

Disaster Risk and Discharging the Duty of Care: Special Focus on Extreme Weather

• What is reasonably foreseeable?
• Financial and social costs, risks and impacts
• Disaster risk governance strategies

Greenwashing Hot Topics for Corporate, Investment and Financial Sector Boards

• What is it and how does it impact governance?
• Key issues, developments, shifting obligations and focus amidst rising risk, confusion and debate
• New CSA guidance, disclosure and diligence considerations and strategies

GHG Emissions Disclosures for Pension Boards and Government

• Governance models for pension boards and government and key ESG and climate strategies
• GHG emissions disclosures – key reporting issues, challenges and risk mitigation strategies
• Understanding the role of materiality

Energy Investments for Pension Funds

• Canada’s energy sector is changing – situating the climate risk controversy and concerns
• IPCC and IEA directives and practical implications
• Tackling challenges, financing queries, engagement and divestment strategies

Greenwashing Risks, Transparency and Accountability for Pension Funds

• What ‘greenwashing’ risks do pension funds face?
• Net zero, climate commitments and pledges – do plan members/sponsors understand?
• Climate risk monitoring/reporting strategies
  

Pension Fund Approaches for Offsets, Standards and Related Challenges

• Why they remain a major climate challenge
• Key reporting standards for pension funds
• Tips for dealing with offset ‘failure’ and companies carrying significant offset reliance

ESG Focused Climate Risks, Impacts and Reporting Strategies

Understanding Environmental/Climate Markets and Strategic Decision-Making

• What are environmental/climate markets and why are they important?
• How and why traditional economic drivers are changing – key mitigation and adaption implications, including carbon pricing signals
• Operational and capital decision-making strategies for compliance – stranded assets, competitiveness, climate opportunities and nature-based climate solutions

Paris Agreement as Applied to the Private Sector

• Core requirements and key provisions
• New government and judicial requirements
• New licensing risks, operational challenges for carbon‑related projects and litigation risks
• Trading and transactions – Article 6, Article 5 controversy, Redd Dot Plus 6

Corporate ESG Reporting and New Standards Specific to Climate

• Key disclosure and reporting updates and emerging standards, nationally and globally
• Risk mitigation considerations and strategies, with investment/pension perspectives
• Targets/metrics – net zero emissions; governance developments, targets and implementation plans; links to accounting and capital investments
• Appropriate reporting – TCFD, ISSB, OSC NI51‑107, SEC disclosure rules

Overview of Carbon Pricing and Strategies

• What is it? Overview of costs, risks and opportunities
• What is shadow pricing? Social Cost of Carbon?
• Carbon portfolio management the circular climate and energy economy
• Overlap between current voluntary markets and emerging compliance markets

Cryptocurrency, Blockchain and Carbon

• Overview of the cryptocurrency market, blockchain and Web3
• Crypto, carbon emissions and ESG impacts
• Blockchain and the future of carbon markets

Climate Disclosure Obligations and Opportunities

Legal Briefing: Key Litigation Risks and Impacts for ESG, Climate and Beyond

• Key litigation, trends and risks, nationally and globally
• Crucial impacts, including distinctions and disproportionate impacts
• Why it’s important for ESG and risk management
• Best practices and tips to avoid or mitigate risk

Group Discussion: Hot Topics in Environmental/Climate Risk – What Would You Do?

Overview of developments and trends accelerating the “E” factor including technology, global events, conflicts and humanitarian crises, as well as approaches for navigating the impacts in Canada.

Group discussion – faculty will lead a discussion based on a review of short fact scenarios to enhance skills and capacity in risk analysis and problem‑solving when dealing with environmental/climate risks, issues and trends, concluding with a debrief and a checklist of considerations

What is ‘Green’? Climate‑Related Investment Standards, Frameworks and Taxonomies

• How to advise clients and organizations about different standards and qualifications
• Key litigation risks with ambiguous standards
• Disclosure and transparency considerations for capital allocation and decision‑making
• Components for meeting investment product specific disclosure standards

Climate Opportunities and Strategies

• Key climate opportunities and why they’re crucial – including CO2 captures and removals
• Typical challenges, issues and risks, and strategies for overcoming them
• Sustainable finance, key trends and impacts and what to do about them
• Strategies to optimize climate opportunities

Big Data and Artificial Intelligence for ESG and Climate Analysis

• Overview of key risks, challenges and legal issues
• Using big data and artificial intelligence to optimize ESG and climate analysis
• Review of current and emerging market tools

Social Criteria, Global Events and the Future

The Importance of Social Criteria in ESG

• Why is social a criteria and how does it rank/ intersect with “E” or “G” criteria?
• Key international standards: UN Global Compact, UN Guiding Principles on Business and Human Rights, PRI, SFDR
• Global events, pandemic impacts and growing expectations for the “world of work”
• Strategies for navigating key challenges, legal issues and risks

Business and Human Rights: Risks, Intersections and Impacts for ESG

• Key risks, issues and impacts, including the intersections with labour and supply services
• Legal, litigation, social and cultural developments and trends to address abuses
• Corporate and investor ESG responses to “modern slavery” and other abuses
• Navigating developments and emerging trends and what they mean for business

Interactive Exercise: Navigating Social Risks and Trends for ESG – What Would You Do?*

Faculty will discuss crucial topics and emerging issues impacting the “S” factor and accelerating ESG imperatives and share insights and tips on how to deal with them.

Interactive exercise* – you will engage in a mini‑scenario analysis and breakout into small groups to work through social risks, issues and brainstorms solutions. Faculty will provide guidance, and the session will conclude with a group debrief and a checklist of considerations.

*Note breakouts will not be recorded.

EDI Implications for ESG

• Representation and advancing EDI – boards and organizations
• Status report – what’s happening across Canada now?
• Board diversity and representation drivers
• Climate/ESG competence for directors

Indigenous‑Led Initiatives and Stewardship

• Understanding the “I” in ESGI and why it’s crucial for integrity and sustainability
• Indigenous-led initiatives, partnerships, projects and efforts – key innovations and drivers toward sustainability
• Advancing Indigenous representation, voices, initiatives and stewardship
• Insights toward an Indigenous-inclusive approach to ESG and sustainability

FINAL ONLINE EXAM: Distributed after module five (5), the online multiple‑choice exam requires a passing grade of 80% by November 16, 2023.

Included with the certificate, these on demand primers focus on core concepts for those who may be newer to the area or for those who may benefit from a succinct refresher.

We strongly recommend viewing all five primers prior to attending the program.

To obtain your Certificate, all five primers must be viewed:

• ESG, Law and Policy Primer (75 mins, recorded in 2021)
• Climate Science, Risk and Carbon Neutrality/Net Zero Primer (90 mins, recorded in 2021)
• Governance Framework for ESG Primer (50 mins, recorded in 2021)
• Indigenous Rights, Consent and the Duty to Consult in Canada Primer (100 mins, recorded in 2021)
• Indigenous‑Led Projects and Partnerships Primer (80 mins, recorded in 2021)