Preventing Partisan Advertising Act, 2001 McGuinty, Dalton — Bill 107 (37th Parliament, 2nd Session)

Bill 107, 37-2

Ontario — Bills

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Bill 107, Preventing Partisan Advertising Act, 2001

McGuinty, Dalton

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[37] Bill 107 Original (PDF)

Bill 107 2001

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) 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 advertising to which this Act applies.

("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 be partisan.

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

(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

(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

(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.

Regulations

8. The Lieutenant Governor in Council may by

regulation establish additional standards for the purpose of

section 3.

Commencement

9. This Act comes into force on the day it receives

Royal Assent.

Short title

10. The

short title of this Act is the Preventing Partisan

Advertising Act, 2001 .

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.

Date Bill stage Activity Committee

October 25, 2001

Second Reading

Lost on division

October 25, 2001

Second Reading

Debate

October 10, 2001

First Reading

Carried

Debates and Progress

First Reading

October 10, 2001

Second Reading

October

25, 2001

Mr McGuinty, Mr Dunlop, Mrs Pupatello, Mr Prue, Mr

Tascona, Mr Bradley, Mr Kormos, Mr Wettlaufer

Lost on division.

Committee

Third Reading

Royal Assent :

Coming into force :Royal Assent.

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Document details

Collection	Ontario — Bills
Citation	Bill 107, 37-2
Type	bill
Volume / chapter	p37 s2 bill 107 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	fe76e1f239993d0e2c77b941f42b29bd5aa0f71c

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