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[37] Bill 115 Original (PDF)

Bill 115 2001

An Act to amend
the Audit Act to require the
Provincial Auditor to evaluate
and report on the extent to
which government advertising
complies with guidelines

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Section 1 of the Audit Act is amended by adding the following definition:

"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")

2. The Act is amended by adding the following section:

Government advertising

9.1 (1) The Auditor shall evaluate, on behalf of the Assembly and in such manner as the Auditor considers necessary, the extent to which government advertising complies with the guidelines set out in subsection (2).

Guidelines

(2) The following guidelines apply to government advertising:

1. Government advertising should provide good value for money.

2. The cost of government advertising should be justifiable. The Government of Ontario is accountable to the Assembly for the use it makes of public funds for publicity, as for any other purpose.

3. Government advertising should deal with matters for which the Government of Ontario has direct responsibility.

4. Government advertising should not be designed to promote or have the effect of promoting the interests of the party forming the government.

5. Government advertising should not be personalized, should avoid political slogans and should not directly attack the policies and opinions of opposition parties or groups.

6. Government advertising should be accurate and factual, with comment and analysis clearly distinguished from information as such. Pre-existing policies, products, services and activities should not be presented as new ones.

7. Government advertising should be objective and impartial.

8. When government advertising deals with issues on which there is no consensus, both arguments and counter-arguments should be provided so that public funds are not used to disseminate political party propaganda.

Recommendation

(3) If, in the Auditor's opinion, there is a contravention of the guideline set out in paragraph 4 of subsection (2), the Auditor may recommend that the party concerned reimburse the Consolidated Revenue Fund for all or part of the cost of the government advertising that contravenes the guideline.

3. (1) Subsection 12 (2) of the Act is amended by adding the following clause:

(e.1) the evaluation of government advertising under section 9.1;

(2) Section 12 of the Act is amended by adding the following subsection:

Recommendation

(3) The annual report shall include any recommendations for reimbursement made under subsection 9.1 (3).

Commencement

4. This Act comes into force on the day it receives Royal Assent.

Short title

5. The short title of this Act is the Propaganda Accountability Act, 2001.

EXPLANATORY NOTE

The Bill amends the Audit Act to assign to the Provincial Auditor the function of evaluating the extent to which government advertising complies with stated guidelines (set out in subsection 9.1 (2) of the Act). If the Auditor is of the opinion that government advertising is designed to promote or has the effect of promoting the interests of the party forming the government, he or she may recommend that the Consolidated Revenue Fund be reimbursed for the cost. The evaluations and any recommendations are dealt with in the Auditor's annual report.