Bill 134, Broader Public Sector Advertising Act, 2014

Versions

Bill 134 2013

An Act respecting broader public sector 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,

"broader public sector organization" means,

(a) every hospital,

(b) every school board,

(c) every university in Ontario and every college of applied arts and technology and post-secondary institution in Ontario whether or not affiliated with a university, the enrolments of which are counted for purposes of calculating annual operating grants and entitlements,

(d) every approved agency designated as a children's aid society under subsection 15 (2) of Part I of the Child and Family Services Act,

(e) every community care access corporation,

(f) every corporation controlled by one or more broader public sector organizations that exists solely or primarily for the purpose of purchasing goods or services for the broader public sector organization or organizations,

(g) every publicly funded organization that received public funds of 10 million dollars or more in the previous fiscal year of the Government of Ontario,

(h) any authority, board, commission, corporation, office, person or organization of persons, the majority of whose members, directors or officers are appointed or chosen by or under the authority of the Lieutenant Governor in Council or a member of the Executive Council,

(i) Hydro One Inc. and each of its subsidiaries,

(j) Ontario Power Generation Inc. and each of its subsidiaries, and

(k) every organization that is prescribed for the purposes of this definition; ("organisme du secteur parapublic")

"item" means a reviewable advertisement, reviewable printed matter or a reviewable message, as the case may be; ("document")

"Minister" means the Attorney General or such other member of the Executive Council to whom responsibility for the administration of this Act may be assigned or transferred under the Executive Council Act; ("ministre")

"prescribed" means prescribed by a regulation made under this Act. ("prescrit")

Head of an organization

(2) For the purposes of this Act, the head of a broader public sector organization is the person prescribed by the regulations as the head of that organization.

Requirements re advertising

Application

2. (1) This section applies with respect to any advertisement that a broader public sector organization proposes to pay to have published in a newspaper or magazine, made available on the Internet or a similar electronic medium, displayed on a billboard, or broadcast on radio or on television.

Submission for review

(2) The head of the organization shall give a copy of the advertisement to the Office of the Auditor General for review.

Prohibition on use pending review

(3) The organization shall not publish, make available, display or broadcast the advertisement before the head of the organization receives notice, or is deemed to have received notice, of the results of the review.

Prohibition

(4) The organization shall not publish, make available, display or broadcast the advertisement if the head of the organization 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 broader public sector organization.

Requirements re printed matter

Application

3. (1) This section applies with respect to printed matter that a broader public sector organization 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 organization shall give a copy of the printed matter to the Office of the Auditor General for review.

Prohibition on use pending review

(3) The organization shall not distribute the printed matter before the head of the organization receives notice, or is deemed to have received notice, of the results of the review.

Prohibition

(4) The organization shall not distribute the printed matter if the head of the organization 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 broader public sector organization.

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

4. (1) This section applies with respect to such additional classes of messages as may be prescribed that a broader public sector organization proposes to convey to the public in such circumstances as may be prescribed.

Submission for review

(2) The head of the organization shall give a copy of the message to the Office of the Auditor General for review.

Prohibition on use pending review

(3) The organization shall not convey the message before the head of the organization receives notice, or is deemed to have received notice, of the results of the review.

Prohibition

(4) The organization shall not convey the message if the head of the organization 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 broader public sector organization.

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 broader public sector 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 broader public sector organization.

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 broader public sector organization or a negative impression of a person or entity who is critical of the organization.

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 the 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 broader public sector organization of the results of the review within seven 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 broader public sector organization is notified that an item does not meet the standards required by this Act and if the organization 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 organization shall not use the revised version before the head of the organization receives notice, or is deemed to have received notice, of the results of the review.

Prohibition

(3) The organization shall not use the revised version if the head of the organization 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 seven 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 broader public sector organization 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, makes available, displays or broadcasts a reviewable advertisement on the sole ground that, under this Act, a broader public sector organization 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 broader public sector organization 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 broader public sector organization a reviewable message on the sole ground that, under this Act, a broader public sector organization was not permitted to convey it to the public.

Regulations

12. The Lieutenant Governor in Council may make regulations,

(a) prescribing an organization or class of organizations as a broader public sector organization for the purposes of this Act;

(b) prescribing a person as the head of a broader public sector organization for the purposes of this Act;

(d) prescribing additional standards for the purposes of paragraph 6 of subsection 6 (1);

(e) prescribing additional factors for the purposes of subsection 6 (4);

(f) prescribing a number of days for the purposes of subsection 7 (1) and for the purposes of subsection 8 (5).

Review of Act

13. (1) The Minister shall cause a review of this Act to be undertaken within five years after this section comes into force.

Same

(2) The Minister shall,

(a) inform the public when a review under this section is undertaken; and

(b) prepare a written report respecting the review and make the report available to the public.

Amendment to the Auditor General Act

14. Subsection 24 (2) of the Auditor General Act is amended by striking out "the Government Advertising Act, 2004" and substituting "the Government Advertising Act, 2004 or the Broader Public Sector Advertising Act, 2013".

Commencement

15. This Act comes into force six months after the day it receives Royal Assent.

Short title

16. The short title of this Act is the Broader Public Sector Advertising Act, 2013.

EXPLANATORY NOTE

The Broader Public Sector Advertising Act, 2013 provides for the review by the Auditor General of specified types of advertising by broader public sector organizations. "Broader public sector organization" 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 broader public sector organization that proposes to use such an item is required to give it to the Office of the Auditor General for review. The broader public sector organization is prohibited from using the item before the head receives, or is deemed to have received, notice of the results of the review.

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 to notify the head of the broader public sector organization of the results of the review. If notice is not given within the seven days, 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 broader public sector organization is prohibited from using it.

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 broader public sector organization 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 broader public sector organization 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, make available, display, broadcast, distribute or otherwise convey to the public advertisements, printed matter and messages that, under the Act, a broader public sector organization is not permitted to use.

Section 12 of the Act authorizes the Lieutenant Governor in Council to make regulations.

Section 13 of the Act requires that a review of the Act be undertaken by the Minister within five years after the section comes into force.

A related amendment to the Auditor General Act is set out in section 14.