[37] Bill 91 Original (PDF)
Bill 91 2003
An Act to end
government spending on
partisan advertising
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Definitions
1. (1) In this Act,
"Auditor" means the Provincial Auditor of Ontario appointed under the Audit Act; ("vérificateur")
"governing party" means the political party whose members form the government that produced the advertising that is the subject of a request or complaint under section 4; ("parti au pouvoir")
"government advertising" means a communication that,
(a) is funded by the Government of Ontario, and
(b) publicizes a policy, product, service or activity of the Government of Ontario. ("publicité gouvernementale")
Advertising costs
(2) In this Act, a reference to the cost of advertising means the total amount paid by the Crown to any person or entity outside the public service in respect of the advertising.
Application
2. This Act applies with respect to advertising that is distributed or broadcast on behalf of the Crown by a person or entity outside the public service.
Advertising standards
3. Government advertising shall meet the following standards:
1. The advertising must be a reasonable means to achieve one or more of the following purposes:
i. To inform the public of services available to them.
ii. To inform the public of their rights and responsibilities under the law.
iii. To encourage or discourage specific social behaviour, in the public interest.
2. The advertising must not include the name, voice or image of a member of the Executive Council or a member of the Legislative Assembly.
3. The advertising must not promote or tend to promote political interests, values or beliefs that are commonly associated with the governing party.
4. The advertising must not have as a significant objective,
i. fostering in the public a positive impression of the government, or
ii. fostering in the public a negative impression of a person or entity that is critical of the government.
5. The advertising must include a prominent notice stating that the advertising is "Paid for by the taxpayers of Ontario", and stating the total cost of the advertising campaign of which the advertising is a part.
6. The advertising must meet such other standards as are set out in the regulations made under this Act.
Request to Auditor
4. (1) A member of the Executive Council may request the Auditor to decide if specified government advertising not yet made public meets the standards set out in this Act.
Inquiry
(2) Upon receipt of a request under subsection (1), the Auditor shall conduct an inquiry.
Decision and reasons
(3) At the conclusion of the inquiry, the Auditor shall provide a decision with reasons to the member of the Executive Council who made the request.
Decision final
(4) Subject to subsection (5), the Auditor's decision is final and conclusive.
Further inquiry
(5) If a complaint to the Auditor under section 5 concerns advertising about which the Auditor has given a decision under this section, the Auditor may hold an inquiry under section 5 in response to the complaint if the government made public the advertising which the Auditor had decided did not meet the standards set out in this Act.
Complaint to Auditor
5. (1) A member of the Legislative Assembly may make a written complaint to the Auditor that specified government advertising does not meet the standards set out in this Act.
Basis for complaint
(2) The member shall include in the complaint which of the standards set out in section 3 that the member believes were not met, and the reasons why.
Inquiry
(3) Subject to subsection (4), upon receipt of a complaint under this section, the Auditor shall conduct an inquiry.
Refusal to conduct inquiry
(4) If the Auditor is of the opinion that a complaint is frivolous, vexatious or not made in good faith, or there are no grounds or insufficient grounds for an inquiry, the Auditor shall decide not to conduct an inquiry and shall provide the decision and reasons to the complainant.
Hearing
(5) If the Auditor conducts an inquiry based on a complaint that the standards set out in paragraph 2, 3 or 4 of section 3 were not met, the Auditor shall hold a hearing.
Parties to an inquiry
(6) The parties to an inquiry referred to in subsection (5) are the complainant, the Crown, the governing party and such other persons as are specified by the Auditor.
Decision and reasons
(7) At the conclusion of the inquiry, the Auditor shall provide a decision with reasons to the complainant, to any parties to the inquiry and to the Speaker of the Assembly.
Reimbursement of costs
(8) If the Auditor decides that advertising specified in a complaint does not meet the standards set out in paragraph 2, 3 or 4 of section 3, the Auditor may order the governing party to reimburse the Crown for the cost of the advertising that was the subject of the complaint.
Enforcement
(9) The Auditor shall file with the Superior Court of Justice a copy of his or her decision under subsection (8), exclusive of the reasons for it, at which time the decision shall be entered in the same way as a judgment or order of the court and is enforceable as such.
Decision final
(10) A decision of the Auditor under this section is final and conclusive.
Auditor's powers
6. When conducting an inquiry under this Act, the Auditor may elect to exercise the powers of a commission under Parts I and II of the Public Inquiries Act, in which case those Parts apply to the inquiry as if it were an inquiry under that Act.
Disclosure
7. (1) The Auditor shall not disclose to any person information disclosed to the Auditor during an inquiry under section 4, or the Auditor's decision and reasons in respect of that inquiry, except,
(a) with the consent of the member of the Executive Council who made the request;
(b) in a criminal proceeding, as required by law; or
(c) as provided in subsection (2).
Disclosure to complainant
(2) If a complaint to the Auditor under section 5 concerns advertising about which the Auditor has given a decision under section 4, the Auditor shall disclose to the complainant his or her decision and reasons with respect to the specified government advertising.
Annual review
8. (1) The Auditor shall review all government advertising after the close of each fiscal year and shall prepare a report based on that review.
Annual report
(2) The report referred to in subsection (1) shall form a part of the annual report the Auditor prepares for the Speaker of the Assembly pursuant to section 12 of the Audit Act.
Regulations
9. The Lieutenant Governor in Council may by regulation establish additional standards for the purpose of section 3.
Commencement
10. This Act comes into force on the day it receives Royal Assent.
Short title
11. The short title of this Act is the Preventing Partisan Advertising Act, 2003.
EXPLANATORY NOTE
The Bill establishes standards for government advertising, including that it be in the public interest and be non-partisan. A member of Cabinet may ask the Provincial Auditor of Ontario to decide if specified government advertising meets the standards before the advertising is made public. A member of the Assembly may make a complaint to the Auditor that specified government advertising does not meet the standards. If the Auditor decides after a complaint that specified government advertising does not meet specified standards, the governing party may be ordered to reimburse the Crown for the cost of the advertising.
The Bill requires the Auditor to report annually to the Speaker of the Assembly on government advertising.