[38] Bill 25 Royal Assent (PDF)
Bill 25 2004
An Act respecting
government advertising
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Interpretation
1. (1) In this Act,
"government office" means a ministry, Cabinet Office, the Office of the Premier or such other entity as may be designated by regulation; ("bureau gouvernemental")
"item" means a reviewable advertisement, reviewable printed matter or a reviewable message, as the case may be; ("document")
"prescribed" means prescribed by a regulation made under this Act. ("prescrit")
Head of an office
(2) For the purposes of this Act, the deputy minister of a ministry is the head of the ministry, the Secretary of the Cabinet is the head of Cabinet Office and the head of the Office of the Premier, and the regulations may specify the person who is the head of such other government offices as are designated by regulation.
Requirements re advertisements
Application
2. (1) This section applies with respect to any advertisement that a government office proposes to pay to have published in a newspaper or magazine, displayed on a billboard or broadcast on radio or on television.
Submission for review
(2) The head of the government office shall give a copy of the advertisement to the Office of the Auditor General for review.
Prohibition on use pending review
(3) The government office shall not publish, display or broadcast the advertisement before the head of the office receives notice, or is deemed to have received notice, of the results of the review.
Prohibition
(4) The government office shall not publish, display or broadcast the advertisement if the head of the office receives notice that, in the Auditor General's opinion, the advertisement does not meet the standards required by this Act.
Non-application
(5) This section does not apply with respect to a notice to the public that is required by law, an advertisement about an urgent matter affecting public health or safety, a job advertisement or an advertisement about the provision of goods or services to a government office.
Requirements re printed matter
Application
3. (1) This section applies with respect to printed matter that a government office proposes to pay to have distributed to households in Ontario either by bulk mail or by another method of bulk delivery.
Submission for review
(2) The head of the government office shall give a copy of the printed matter to the Office of the Auditor General for review.
Prohibition on use pending review
(3) The government office shall not distribute the printed matter before the head of the office receives notice, or is deemed to have received notice, of the results of the review.
Prohibition
(4) The government office shall not distribute the printed matter if the head of the office receives notice that, in the Auditor General's opinion, it does not meet the standards required by this Act.
Non-application
(5) This section does not apply with respect to a notice to the public that is required by law or printed matter about an urgent matter affecting public health or safety or about the provision of goods or services to a government office.
Interpretation
(6) For the purposes of this section, printed matter is distributed by bulk mail or another method of bulk delivery if, when it is distributed, it is not individually addressed to the intended recipient.
Requirements re additional classes of messages
Application
4. (1) This section applies with respect to such additional classes of messages as may be prescribed that a government office proposes to convey to the public in such circumstances as may be prescribed.
Submission for review
(2) The head of the government office shall give a copy of the message to the Office of the Auditor General for review.
Prohibition on use pending review
(3) The government office shall not convey the message before the head of the office receives notice, or is deemed to have received notice, of the results of the review.
Prohibition
(4) The government office shall not convey the message if the head of the office receives notice that, in the Auditor General's opinion, the message does not meet the standards required by this Act.
Non-application
(5) This section does not apply with respect to a message that is a notice to the public that is required by law, that concerns an urgent matter affecting public health or safety, that is a job advertisement or that concerns the provision of goods or services to a government office.
Review by the Auditor General
5. (1) When an item is given to the Office of the Auditor General for review, the Auditor General shall review it to determine whether, in his or her opinion, it meets the standards required by this Act.
Decision
(2) The decision of the Auditor General is final.
Required standards
6. (1) The following are the standards that an item is required to meet:
1. It must be a reasonable means of achieving one or more of the following purposes:
i. To inform the public of current or proposed government policies, programs or 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.
iv. To promote Ontario or any part of Ontario as a good place to live, work, invest, study or visit or to promote any economic activity or sector of Ontario's economy.
2. It must include a statement that the item is paid for by the Government of Ontario.
3. It must not include the name, voice or image of a member of the Executive Council or a member of the Assembly.
4. It must not be partisan.
5. It must not be a primary objective of the item to foster a positive impression of the governing party or a negative impression of a person or entity who is critical of the government.
6. It must meet such additional standards as may be prescribed.
Advertising outside Ontario
(2) Paragraph 3 of subsection (1) does not apply with respect to an item for which the primary target audience is located outside of Ontario.
Partisan advertising
(3) An item is partisan if, in the opinion of the Auditor General, a primary objective of the item is to promote the partisan political interests of the governing party.
Same
(4) The Auditor General shall consider such factors as may be prescribed, and may consider such additional factors as he or she considers appropriate, in deciding whether a primary objective of an item is to promote the partisan political interests of the governing party.
Notice of results of review
7. (1) The Office of the Auditor General shall notify the head of the government office of the results of the review within the prescribed number of days after receiving an item for review.
Deemed notice
(2) If the notice is not given within that period, the head shall be deemed to have received notice that the item meets the standards required by this Act.
Submission of revised version
8. (1) If the head of a government office is notified that an item does not meet the standards required by this Act and if the government office proposes to use a revised version of it, the head shall give the revised version to the Office of the Auditor General for a further review.
Prohibition on use pending review
(2) The government office shall not use the revised version before the head of the office receives notice, or is deemed to have received notice, of the results of the review.
Prohibition
(3) The government office shall not use the revised version if the head of the office receives notice that, in the Auditor General's opinion, the revised version does not meet the standards required by this Act.
Review of revised version
(4) Sections 5 and 6 apply with respect to the review.
Notice of results of review, revised version
(5) The Office of the Auditor General shall notify the head of the results of the further review within the prescribed number of days after receiving the revised version.
Deemed notice
(6) If the notice is not given within that period, the head shall be deemed to have received notice that the revised version meets the standards required by this Act.
Reports to the Assembly
Annual report
9. (1) Each year, the Auditor General shall report to the Speaker of the Assembly about such matters as the Auditor General considers appropriate relating to his or her powers and duties under this Act.
Same
(2) In the annual report, the Auditor General shall notify the Speaker about any contraventions of section 2, 3, 4 or 8.
Special report
(3) The Auditor General may make a special report to the Speaker at any time on any matter that in the opinion of the Auditor General should not be deferred until the annual report.
Tabling of reports
(4) The Speaker shall lay each annual report or special report of the Auditor General before the Assembly forthwith if it is in session or, if not, not later than the 10th day of the next session.
Access to records
10. The Auditor General may examine the records of a government office at any time for the purpose of determining whether section 2, 3, 4 or 8 has been contravened, and the Auditor General or his or her designate shall be given access to such records as he or she considers necessary for that purpose.
Immunity
11. (1) No action or other proceeding shall be brought against a person who publishes, displays or broadcasts a reviewable advertisement on the sole ground that, under this Act, a government office was not permitted to use it to communicate with the public.
Same
(2) No action or other proceeding shall be brought against a person who distributes reviewable printed matter on the sole ground that, under this Act, a government office was not permitted to distribute it.
Same
(3) No action or other proceeding shall be brought against a person who conveys to the public on behalf of a government office a reviewable message on the sole ground that, under this Act, a government office was not permitted to convey it to the public.
Regulations
12. The Lieutenant Governor in Council may make regulations,
(a) designating an entity or class of entities as a government office and specifying who is the head of the government office for the purposes of this Act;
(b) prescribing additional classes of messages and circumstances for the purposes of subsection 4 (1);
(c) prescribing additional standards for the purposes of paragraph 6 of subsection 6 (1);
(d) prescribing additional factors for the purposes of subsection 6 (4);
(e) prescribing a number of days for the purposes of subsection 7 (1) and for the purposes of subsection 8 (5).
Amendments to the Auditor General Act
13. (1) Section 2 of the Auditor General Act, as re-enacted by the Statutes of Ontario, 2004, chapter 17, section 4, is amended by adding "the Advertising Commissioner" after "the Auditor General, the Deputy Auditor General".
(2) The Act is amended by adding the following section:
Appointment of Advertising Commissioner
8.1 (1) Subject to the approval of the Board, the Auditor General may appoint a person to act as Advertising Commissioner.
Duties
(2) The Advertising Commissioner may exercise such powers and shall perform such duties as the Auditor General may delegate to him or her under subsection 24 (2).
(3) Subsection 12 (2) of the Act, as amended by the Statutes of Ontario, 2004, chapter 17, section 14, is amended by adding the following clause:
(g) expenditures for advertisements, printed matter and messages that are reviewable under the Government Advertising Act, 2004.
(4) Section 12 of the Act, as amended by the Statutes of Ontario, 2004, chapter 17, section 14, is amended by adding the following subsection:
Report re government advertising
(4) In the annual report, the Auditor General may report on expenditures for government advertising generally.
(5) Section 24 of the Act, as re-enacted by the Statutes of Ontario, 2004, chapter 17, section 24, is amended by adding the following subsection:
Same
(2) The Auditor General may delegate in writing to the Advertising Commissioner or to a person employed in the Office of the Auditor General any of the Auditor General's powers and duties under the Government Advertising Act, 2004 and may impose conditions and restrictions with respect to the delegation.
(6) Subsection 27 (1) of the Act, as amended by the Statutes of Ontario, 2004, chapter 17, section 27, is amended,
(a) by adding "the Advertising Commissioner" after "the Auditor General, the Deputy Auditor General"; and
(b) by striking out "under this Act" and substituting "under this or any other Act".
(7) Subsection 27.1 (1) of the Act, as enacted by the Statutes of Ontario, 2004, chapter 17, section 28, is amended by striking out "The Auditor General, the Deputy Auditor General" at the beginning and substituting "The Auditor General, the Deputy Auditor General, the Advertising Commissioner".
Commencement
14. (1) Subject to subsection (2), this Act comes into force on the day it receives Royal Assent.
Same
(2) Sections 1 to 13 come into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
15. The short title of this Act is the Government Advertising Act, 2004.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 25 and does not form part of the law. Bill 25 has been enacted as Chapter 20 of the Statutes of Ontario, 2004.
The Government Advertising Act, 2004 provides for the review by the Auditor General of specified types of advertising by government offices. "Government office" is defined in section 1.
Sections 2, 3 and 4 of the Act specify which advertisements, printed matter and other classes of messages must be reviewed. The head of a government office that proposes to use such an item is required to give it to the Office of the Auditor General for review. The government office is prohibited from using the item before the head receives, or is deemed to have received, notice of the results of the review. This prohibition is set out in subsections 2 (3), 3 (3) and 4 (3) of the Act.
Section 5 of the Act requires the Auditor General to review the item to determine whether, in his or her opinion, it meets the standards required by the Act. The decision of the Auditor General is final.
Section 6 of the Act sets out the standards to be met.
Section 7 of the Act requires the Auditor General to notify the head of the government office of the results of the review. If notice is not given within the period prescribed by regulation, the head shall be deemed to have received notice that the item meets the standards required by the Act.
If the Auditor General notifies the head that the item does not meet the standards required by the Act, in the Auditor General's opinion, the government office is prohibited from using it. This prohibition is set out in subsections 2 (4), 3 (4) and 4 (4) of the Act.
Under section 8 of the Act, if the head is notified that an item does not meet the standards required by the Act and if the government office proposes to use a revised version of it, the head is required to give the revised version to the Office of the Auditor General for review. Subsection 8 (2) prohibits the use of the revised version before the head receives, or is deemed to have received, notice of the results of the review. Subsection 8 (3) prohibits the government office from using the revised version if the Auditor General notifies the head that the revised version does not meet the standards required by the Act, in the Auditor General's opinion.
Section 9 of the Act requires the Auditor General to make an annual report to the Speaker of the Assembly. In the annual report, the Auditor General is required to notify the Speaker about any contraventions of section 2, 3, 4 or 8. The Auditor General is also authorized to make special reports to the Speaker.
Section 10 of the Act governs the Auditor General's access to records for the purpose of determining whether section 2, 3, 4 or 8 has been contravened.
Section 11 of the Act governs the immunity of persons who publish, display, broadcast, distribute or otherwise convey to the public advertisements, printed matter and messages that, under the Act, a government office is not permitted to use.
Section 12 of the Act authorizes the Lieutenant Governor in Council to make regulations.
Related amendments to the Auditor General Act are set out in section 13. A new section 8.1 of that Act authorizes the appointment of an Advertising Commissioner. His or her duties are described. A new clause 12 (2) (g) of that Act, concerning the Auditor General's annual report, requires the Auditor General to report on expenditures for advertisements, printed matter and messages that are reviewable under the Government Advertising Act, 2004. A new subsection 12 (4) of that Act authorizes the Auditor General to report on expenditures for government advertising generally.