Memo on advertising

PO - 000119

Memorandum to President
Advertisement during 2019 General Election Period

(For Decision)

Timeline

Your approval and signature are requested by June 14, 2019.

Purpose

To obtain your approval and signature to proceed with advertising for environmental assessments during the 2019 general federal elections.

Summary

• Treasury Board's Directive on the Management of Communications requires departments listed in Schedules I, I.I and II of the Financial Administration Act to suspend advertising activities on June 30 in a year in which there is a fixed general federal election. This new requirement aligns with the pre-election period for political and third-party advertising, as per the Elections Modernization Act.
• The Government of Canada's Policy on Communications and Federal Identity provides deputy heads with the authority to approve advertising during general federal elections.
• It is standard practice for the Agency to place advertisements in the media for public comment periods and applications for participant funding for projects undergoing environmental assessments (EAs). This has proven to be the most effective means to provide the public with notice of participation opportunities and meet legislative requirements under CEAA 2012.
• After consultations with PCO and the Treasury Board of Canada Secretariat, it was determined that advertising in relation to the EA process falls within the parameters of advertising permitted during general federal elections.
• We are seeking your concurrence to continue to place advertisements in support of the EA process during the 2019 general federal election period.

Background

• In accordance with Treasury Board's Directive on the Management of Communications, departments listed in Schedules I, I.I and II of the Financial Administration Act are now required to suspend advertising activities on June 30 in a year in which there is a fixed general federal election. This new requirement aligns with the pre-election period for political and third party advertising, as per the Elections Modernization Act.
• The Government of Canada's Policy on Communications and Federal Identity provides deputy heads with the authority to approve advertising during general federal elections that is:
  • required by statute or regulation for legal purposes;
  • to inform the public of a danger to health, safety or the environment;
  • to post an employment or staffing notice; or
  • to undertake specific advertising that is deemed urgent.”
• The Directive on the Management of Communications also states that heads of communications are responsible for “suspending advertising and public opinion research activities the day that the Governor in Council issues a writ for a general federal election and resuming only when the newly elected government is sworn into office, unless approved by the deputy head.”
• Public funds may not be used for public opinion research or advertising during the election campaign. Exceptions may be granted for public notices for legal purposes, or for reasons of public health and safety, employment or staffing notices, and carried out in the name of the department, as approved by the deputy head.
• A copy of the signed memo by deputy head should be shared with the Privy Council Office (PCO) for their awareness. During the general election period, PCO will have to be notified in advance of any ad placements.

Considerations

• Section 28 of Canadian Environmental Assessment Act, 2012 (CEAA 2012) specifies that the Agency, as responsible authority, “must ensure that the public is provided with an opportunity to participate” in an environmental assessment (EA).
• The legislation specifies that the Agency must post a public notice on the EA Registry Internet site inviting comments for different stages of the EA process for all projects designated under the Act.
• It has been standard practice for the Agency to place advertisements in the media for public comment periods and applications for participant funding for projects undergoing an environmental assessment, in addition to posting on the Registry. This has proven to be the most effective method to provide the public with notice of participation opportunities. Widening the depth and breadth of public participation ensures better quality EAs. The Agency also relies on paid advertisement to reach communities in remote locations, especially indigenous audiences.
• Specific provisions regarding public participation opportunities under the Canadian Environmental Assessment Act 2012 are as follows:
  • Opportunity for public to comment (Canadian Environmental Assessment Act, 2012 - S.C. 2012, c. 19, s. 52 (Section 86): (3) The Minister must provide reasonable public notice of and a reasonable opportunity for anyone to comment on draft guidelines, codes of practice, agreements, arrangements or criteria under this section.
  • Marginal note: Public participation (Canadian Environmental Assessment Act, 2012 - S.C. 2012, c. 19, s. 52 (Section 24): (24) Subject to section 28, the
• responsible authority must ensure that the public is provided with an opportunity to participate in the environmental assessment of a designated project.
• In accordance with the Policy on Communications and Federal Identity, the Agency uses a variety of ways and means to promote comment periods during the EA process. In addition to earned media as a means of communications, the Agency uses paid advertisements, including print, Web, and radio to optimally reach remote communities.
• After consultations with PCO and the Treasury Board of Canada Secretariat, it was determined that advertising in relation to the environmental assessment process (see Annex I for examples) fall within the parameters of advertising permitted during general federal elections. The funds for these activities were already planned. No additional funding is required.

Recommendation

It is recommended that you approve advertising for environmental assessments during the 2019 general election period as permitted in the Policy of Communications a9d,F deral Identity.

(Original signed by)
__________________________________
Alan Kerr
Vice-President
Corporate Services and CFO

(Original signed on June 14, 2019 by)
__________________________________
Ron Hallman

Attachment (1):

• Annex I — Overview of Advertising Activities for the Canadian Environmental Assessment Agency after June 30, 2019

Drafting Officer's Name: Marissa Harfouche
Directorate/ Branch: Communications Division Phone No: 613-219-2789
Date Drafted: June 5, 2019