20091027 - Ethics Complaint Document Portfolio Eng

8/14/2019 20091027 - Ethics Complaint Document Portfolio Eng

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HOUSE OF COMMONS

CHAMBRE DES COMMUNES

CANADA

MARTHA HALL FINDLAY

MEMBER OF PARLIAMENT / DPUTEWILLOWDALE

OTTAWA CONSTITUENCY OTTAWA CIRCONSCRIPTIONROOM 368,

CONFEDERATION BUILDINGOTTAWA, ONTARIO K1A 0A6

TEL: 613-992-4964FAX: 613-992-1158

145 SHEPPARD AVENUE WESTWILLOWDALE, ONTARIO

M2N 1M7TEL: 416-223-2858FAX: 416-223-9715

PICE 368, DIFICE DE LACONFDRATION

OTTAWA (ONTARIO) K1A 0A6TL: 613-992-4964

TLC: 613-992-1158

145 AVENUE SHEPPARD OUESTWILLOWDALE (ONTARIO)

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October 27, 2009

BY HAND AND BY FAX

Mary Dawson, Conflict of Interest and Ethics Commissioner Office

Office of the Conflict of Interest and Ethics Commissioner

Parliament of Canada

Centre Block, P.O. Box 16

Ottawa, Ontario

K1A 0A6

Dear Ms. Dawson,

We write to you today to express our concern about the conflicts of interest highlighted by the

publicly funded and partisan advertising and communications campaign promoting the

budgetary economic programs of the Government of Canada (the Campaign). We believe

that the heavily partisan nature of certain elements of the Campaign contravene both the

Conflict of Interest Code for Members of the House of Commons and the Conflict of Interest Act.

We wrote a letter to the members of the Treasury Board on October 9, 2009 expressing these

concerns (attached hereto for your review as Appendix 1). We have alleged that the overall

partisan nature of the publicly-funded Campaign and of certain specific elements thereof, is in

breach of:

1. The Government of Canadas own communication policies including the TreasuryBoard Communications Policy (TBCP) and the Federal Identity Program Policy

(FIP) under the Financial Administration Act;

2. Conflict of Interest Code for Members of the House of Commons (the Code);3. Conflict of Interest Act(the Act); and4. The political party financing provisions of the Canada Elections Act.

We have not received a response from the Treasury Board.


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We will be filing separate complaints with regard to the breaches of TBCP and FIP, as well as the

Canada Elections Act, with the appropriate authorities.

Please accept this letter and the enclosed appendices and attachments as our request for youto:

1. Undertake the necessary inquiries of the Members of Parliament (each an MP, and together MPs) identified herein as contravening the Code, and recommend

appropriate sanctions for each such contravening MP; and,

2. Undertake the necessary examinations of certain Public Office Holders, as defined bythe Act, listed herein, and assess the appropriate penalties for each such contravening

Public Office Holder.

THE COMPLAINT

The specific breaches are described below, organized according to communications medium.

Overall, the complaint is based on the fact that, in its taxpayer-paid advertising, events,

publications, web-sites and other assets, the Government of Canada has used, and is using

colours, images, slogans, look and feel aspects and other branding elements that are the

same as, or mirror those, of the Conservative Party of Canada (Conservative Branding). Some

of this activity (for example, use of symbols or slogans) contravenes the TBCP and FIP. The MPs

and Public Office Holders responsible for the Conservative Branding of the Campaign have used

public funds to promote the electoral prospects of the Conservative Party. The problem is

exacerbated when said advertisements, publications, web-sites and other assets are used, notto provide information that is actually needed by Canadian citizens, but rather to extol the

virtues of the Government of Canada itself. In many cases we see unsubstantiated, false and/or

exaggerated claims of accomplishment. It is unfortunate enough that the Government of

Canada is wasting millions of taxpayer dollars on unnecessary advertisements, but this

complaint deals specifically with the conflict of interest demonstrated in the fact that these

self-congratulatory advertisements are replete with Conservative Branding, and that, as such,

these advertisements use taxpayer money to confer a direct benefit upon the Conservative

Party.


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CONFLICT OF INTEREST OF CODE FOR MEMBERS OF THE HOUSE OF COMMONS

Violations of the Code

The Code: The principles governing the Code hold that MPs must fulfill their public duties with

honesty and uphold the highest standards so as to avoid real or apparent conflicts of interest

(section 2), and the provisions of the Code hold that:

i. When performing parliamentary duties and functions, a(n) [MP] shall not act inany way to further his or her private interests or those of a member of the

*MPs+ family, or to improperly further another persons or entity's private

interests. (section 8);

ii. A(n) [MP] shall not use his or her position as a(n) [MP] to influence a decision ofanother person so as to further the *MPs+ private interests or those of a

member of his or her family, or to improperly further another persons or

entity's private interests. (section 9).

The Contravention: The Conservative Branding found in the Campaign, as well as the overall

partisan nature of the Campaign, promotes the private interests of the Conservative Party, a

private entity for the purposes of the Code and an entity to which all of the MPs in Government

are related. Accordingly, in using their positions to influence the content of the Campaign to

benefit the Conservative Party and in acting to ensure that the Campaign promotes the

interests of the Conservative Party, the MPs involved in the conception, approval and

dissemination of the Campaign and its elements have directly contravened Section 8 and 9 of

the Code. In doing so, the MPs involved in the conception, approval and dissemination of theCampaign have also failed to uphold the highest standards associated with their public duties.

The Contravening MPs: The following MPs have acted in direct contravention of the Code by

virtue of their role in the conception, approval and dissemination of partisanized Campaign

materials. Accordingly, these MPs should be the subjects inquiries under the Code:

The Prime Minister and his Parliamentary Secretary,

The President of the Treasury Board and his Parliamentary Secretary,

The Minister of Finance and his Parliamentary Secretary,

The Minister of Public Works and Government Services and his Parliamentary Secretary,The Minister of Transport, Infrastructure and Communities and his Parliamentary Secretary,

The Minister of Human Resources and Skills Development and her Parliamentary Secretary,

The Minister of Industry and his Parliamentary Secretary,


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The Minister of Natural Resources and her Parliamentary Secretary, and

The Minister of National Revenue and his Parliamentary Secretary.

THE CONFLICT OF INTEREST ACT

Violations of the Act

The Act: The Act applies the provisions of the Code to all Public Office Holders and holds that:

i. Every Public Office Holder shall arrange his or her private affairs ina manner that will prevent the Public Office Holder from being in

a conflict of interest (section 5);

ii. No Public Office Holder shall make a decision or participate inmaking a decision related to the exercise of an official power, duty

or function if the Public Office Holder knows or reasonably should

know that, in the making of the decision, he or she would be in aconflict of interest (section 6(1));

iii. No Public Office Holder shall, in the exercise of an official power,duty or function, give preferential treatment to any person or

organization based on the identity of the person or organization

that represents the first-mentioned person or organization

(section 7); and

iv. No Public Office Holder shall use his or her position as a PublicOffice Holder to seek to influence a decision of another person so

as to further the Public Office Holders private interests or thoseof the Public Office Holders relatives or friends or to improperly

further another persons private interests. (Section 9).

The Contravention: As established above, the partisan nature of the Campaign serves to

promote the private interests of the Conservative Party, a person for the purposes of the Act

and an organization to which the relevant Public Office Holders, as identified below, belong.

The Public Office Holders used their office to benefit the Conservative Party by condoning,

approving, and allowing, the inclusion of Conservative Branding in the Campaign. Specifically,

by using their positions as Public Office Holders to influence the content of the Campaign for

the benefit of the Conservative Party, and in acting to ensure that the Campaign promotes the

interests of the Conservative Party, the Public Office Holders involved in the conception,

approval and dissemination of the Campaign and its elements will have directly contravened


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M2N 1M7TEL: 416-223-2858FAX: 416-223-9715



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TLC: 416-223-9715

sections 6(1), 7 and 9 of the Act. By contravening sections 6(1), 7 and 9, these Public Office

Holders will have also contravened section 5 by failing to arrange their respective affairs to

prevent the subject conflicts of interest.

The Contravening Public Office Holders: The following Public Office Holders were involved inthe conception, approval and dissemination of the Campaign and have, in doing so, failed to

uphold the high standards associated with their public duties. Accordingly, these Public Office

Holders should be the subjects of examinations under the Act:

The Prime Minister, his Parliamentary Secretary and their ministerial staff;

The President of the Treasury Board, his Parliamentary Secretary and their ministerial staff;

The Minister of Finance, his Parliamentary Secretary and their ministerial staff;

The Minister of Public Works and Government Services, his Parliamentary Secretary and their

ministerial staff;

The Minister of Transport, Infrastructure and Communities, his Parliamentary Secretary and

their staff;

The Minister of Human Resources and Skills Development, her Parliamentary Secretary and

their ministerial staff;

The Minister of Industry, his Parliamentary Secretary and their ministerial staff;

The Minister of Natural Resources, her Parliamentary Secretary and their ministerial staff; and

The Minister of National Revenue, his Parliamentary Secretary and their ministerial staff.

CONSERVATIVE BRANDING IN THE CAMPAIGN

The various aspects of the Campaign, taken together, clearly demonstrate the conferring of a

significant benefit upon the Conservative Party. We have noted, and provided in the

appendices hereto, examples of taxpayer-paid advertising, events, publications, web-sites and

other tools using colours, images, slogans, look and feel aspects and other branding elements

that are the same as, or mirror those, of the Conservative Party of Canada (Conservative

Branding). Below is a description of Conservative Branding in different elements of the

Campaign as found in different media. We note, also, that the inappropriate partisan branding

efforts of the Conservative Party extend beyond just the material in the Campaign. This fact is

evidenced by the comparison in item 1 of Appendix 6, which indicates that the ConservativeParty platform for the 2008 federal election and the Speech from the Throne following that

election (and prepared by the Government of Canada) were identically branded.


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Partys own conservative.ca, demonstrates that these websites have been modeled after and

duplicate essential features of the partisan conservative.ca.The Conservative Branding

elements used in actionplan.gc.ca andplandaction.gc.ca include (i) election campaign style

photographs, (ii) overuse of Conservative Party blue and other partisan colour schemes, (iii) use

of partisan slogans and taglines, and (iv) links to personal or Conservative Party websites.While funded as part of the Campaign by Government of Canada ostensibly to keep Canadians

abreast of the implementation of budgetary economic programs, these websites actually

include unmistakably partisan aspects including weblinks to the personal web and social media

pages of the Prime Minister. Appendix 4 includes screenshots of the contravening websites and

the partisan and/or personal websites they link to. Appendix 6 includes a direct comparison of

some of the most obvious aspects ofconservative.ca that are duplicated directly in

actionplan.gc.ca. The conclusion must be that the aim, and the effect, of these websites and

the Conservative Branding aspects of the Campaign are to promote the electoral prospects of

the Conservative Party. One of the inappropriate links from actionplan.gc.ca is to the Prime

Ministers personal YouTube page with a video of the Prime Minister playing the piano at the

National Arts Centre (something that can in no way be seen to contribute to raising awareness

of non-partisan budgetary economic programs).

Official Letters and References to the Harper Government: In addition to the Conservative

Branding of Government of Canada advertisements and websites, letters and direct

communications tools used by Public Office Holders also exhibit hallmarks of Conservative

Branding. These letters and direct communications are subject to, and in violation of, the TBCP

and FIP. A particular example of the Conservative Branding in such a letter is included in

Appendix 5. This letter was sent by the Minister of Natural Resources to participants in a

budgetary economic program. The letter is branded with an inappropriate (and unapproved)

campaign style picture of the Minister with an unapproved advertisement style citation for a

non-governmental agency (Couvrette, Ottawa), a direct reference to the Conservative Branded

actionplan.gc.ca, and other aspects contributing to the look and feel of a document implying

that the Conservative Party is synonymous with the Government of Canada.

Also included in Appendix 5 are screenshots of both Government websites and Google searches

of Government websites indicating the prevalent and inappropriate use of The Harper

Government in official Government communications. The Google search results indicate an

ever growing number of official Government materials violating the TBCP and FIP by foregoing

references to the "Government of Canada in favor of the inappropriate and unapproved

Harper Government.


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Funding announcements and novelty cheques: MPs have partisanized the delivery of funds to

their ridings by using Conservative Branding on novelty cheques to publicize funding

announcements under budgetary economic programs. The use of these cheques and other

tools with Conservative Branding improperly equates the Government of Canada and the

Conservative Party. The goal of equating the Conservative Party to the Government of Canadais to give the impression that the Conservative Party is, or the individual Conservative Party MPs

announcing spending are, actually responsible for the Government of Canadas many large

spending announcements instead of the Government of Canada itself. The announced funding

is NOT being provided by either the individual MP or the Conservative Party. This money has

come from Canadian taxpayers and must be provided in an impartial, non-partisan way. The

novelty cheques include actual names and signatures of the announcing MPs, the Conservative

Party logo, and/or additional elements implying partisan involvement in the funding process.

These elements result in the novelty cheques violating the TBCP and the FIP. Although this

partisan use of novelty cheques forms part of the Campaign to which this letter relates,

separate complaints, specifically on this issue, have already be filed and are currently being

investigated by your office under the Code and the Act.

REQUEST

We respectfully request that you accept the foregoing and:

1. Undertake the necessary inquiries of the MPs identified herein as contravening theCode, and recommend appropriate sanctions for each such contravening MP; and,

2. Undertake the necessary examinations of the Public Office Holders identified herein ascontravening the Act, and assess the appropriate penalties for each such contraveningPublic Office Holder.

Yours sincerely,

Martha Hall Findlay

MP for WillowdaleLiberal Critic for Public Works and Government Services


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APPENDIX 1:

Letter to the Treasury Board

See attached.


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HOUSE OF COMMONS

CHAMBRE DES COMMUNES

CANADA

MARTHA HALL FINDLAY

MEMBER OF PARLIAMENT / DPUTEWILLOWDALE



TEL: 613-992-4964FAX: 613-992-1158


M2N 1M7TEL: 416-223-2858FAX: 416-223-9715



TLC: 613-992-1158


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TLC: 416-223-9715

October 8, 2009

To: Members of the Treasury Board:

The Hon. Vic Toews, President of the Treasury Board (Chair)

The Hon. Rona Ambrose, Minister of Labour (Vice-Chair)

The Hon. James Flaherty, Minister of Finance

The Hon. Jay Hill, Leader of the Government in the House of Commons

The Hon. Diane Ablonczy, Minister of State (Small Business and Tourism)

The Hon. Steven Fletcher, Minister of State (Democratic Reform)

Re: Partisan Nature of Government of Canada Advertising

I write to express serious concern about the partisan nature of the Conservative governments

taxpayer-funded advertising campaign for its economic program, and to ask that all partisan

aspects of this campaign stop immediately.

This campaign and related government publications are in breach of federal law and the

Government of Canadas own communication policies. The partisan nature of television, radio

and print advertisements, government-funded publications, and websites such as

www.actionplan.gc.caandwww.planandaction.gc.ca, violate the following:

(i) Treasury Board Secretariat policies under the Financial Administration Act;(ii) The Conflict of Interest Code for Members of the House of Commons;(iii)The Conflict of Interest Actincorporated into the Federal Accountability Act, and(iv)Party financing provisions of the Canada Elections Act.

I ask that the government (i) acknowledge that publicly-funded government advertising is not

to be used to benefit any political party; (ii) immediately remove all explicit and implicit

partisan aspects of its taxpayer-funded television, radio and website content; and (iii)

immediately stop its use of partisan material and messaging in taxpayer-funded print copy.
http://www.actionplan.gc.ca/http://www.actionplan.gc.ca/http://www.planandaction.gc.ca/http://www.planandaction.gc.ca/http://www.planandaction.gc.ca/http://www.planandaction.gc.ca/http://www.actionplan.gc.ca/


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Taxpayers should not pay for advertising designed to influence their own votes. Government of

Canada advertising, promotion and assets are NOT to be used for partisan benefit and it is the

Treasury Boards job to ensure integrity and accountability with regard to all government-wide

advertising.

Treasury Board Communications Policy and the Federal Identity Program

All communications from the Government of Canada must comply with the Treasury Board

Communications Policy and the Federal Identity Program Policy.

The Communications Policy explicitly requires that all Government of Canada communications

be objective, and inform the public in an accountable, non-partisan fashion consistent with

the principles of Canadian parliamentary democracy and ministerial responsibility. All

communications must ensure that public trust and confidence in the impartiality and integrity

of the Public Service of Canada are upheld, and avoid conflicts of interest and the appearance

or public perception of endorsing, or providing a marketing subsidy or an unfair competitive

advantage to any person, organization or entity outside of government. The Conservative

Party is an entity outside of governmentor at least by law it should be. The governments

communications relating to its economic program are in violation of the letter as well as the

spirit of these rules.

Under the Federal Identity Program, all Government of Canada communications, including

advertising, must use only approved national symbols and clearly refer to the government as

the Government of Canada. The overwhelming use of the phrase Harper Government,

instead of the appropriate phrase Government of Canada in taxpayer-funded government

advertisements, publications and websites is wrong. The word Harper is not an approved

applied title for federal advertising purposes.

The many photos of Stephen Harper and the dominant use of Conservative Party blue in

television ads, publications, print ads and Government websites also violate these rules. In

addition, the Conservative governments publicly-funded advertising duplicates, and therefore

endorses, partisan Conservative slogans and tag lines, such as stay the course and we cant

stop now, used in Conservative Party slogans, press releases and speeches.

The Treasury Board Communications Policy and the Federal Identity Program are clear: the

Government cannot use public funds to confer a clearly partisan benefit upon Stephen Harper

personally or upon the Conservative Party generally. By violating these rules with itsadvertising practices, this Conservative government is violating public trust.


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Conflict of Interest Rules for Members of Parliament

Conflict of interest provisions have bound Members of Parliament, including the Prime

Minister and members of his/her Cabinet, for years. The principles guiding these provisions areset out in Section 2 of the Conflict of Interest Code for Members of the House of Commons. This

code holds that MPs must, among other things, fulfill their public duties with honesty and

uphold the highest standards so as to avoid real or apparent conflicts of interest. In the

context of these principles, the code requires that an MP not act in any way to further his or

her private interests or to improperly further another person or entitys private interests,

and not use his or her position to influence a decision of another person so as to

improperly further another persons or entitys private interests . Condoning and promoting

the use of publicly funded government advertising to benefit the Conservative party is a clear

violation of these principles and the provisions of the code by the Conservative government,

the Prime Minister and Cabinet.

The Conflict of Interest Act

The Conservative government has broken the very laws it enacted as part of the Federal

Accountability Act. The Conflict of Interest Act applies the provisions of the above mentioned

code to all public office holders and holds that:

A public office holder is in a conflict of interest when he or she exercises an officialpower, duty or function that provides an opportunity to further his or her private

interests or those of his or her relatives or friends or to improperly further another

persons private interests. (Section 4);

and that:

No public office holder shall use his or her position as a public office holder to seekto influence a decision of another person so as to further the public office holders

private interests or those of the public office holders relatives or friends or to

improperly further another persons private interests. (Section 9).

The Conservative governments use of publicly-funded government advertising to confer a

benefit upon the Conservative Party violates this law. The role of the Conservative government

in ensuring the presence of partisan messaging in its publicly-funded advertising also raisesconcerns about the role of the Privy Council Office in this matter.


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Canada Elections Act

The partisan nature of this governments advertising and promotion also contravenes the

Canada Elections Actas an ineligible non-monetary contribution made by the governmentin

effect, Canadian taxpayersto the Conservative Party.

Elections Canada contribution rules are clear and strict: only individuals can make donations to

political parties (no other organizations or entities are allowed to do so) (s. 404(1)), and

individuals cannot contribute more than $1,100 annually to a national party (s. 405(1)).

Advertising by a third party, such as the Government of Canada, that promotes a political party,

even indirectly, amounts to a service benefitting that political party in the form of a non-

monetary contribution by the third party. Provision of this service can include the use of the

benefitting political partys politicians surnames, partisan catch-phrases and/or slogans, party

colours where other colours would otherwise be appropriate, and by otherwise showing a

particular political party in a favourable light.

This value of this service is significant--advertising that is carried on television, radio, print

and/or the Internet has a significant commercial value.

Section 404 (2) provides that if a registered party ... receives a contribution from an ineligible

contributor ... the chief agent of the registered party ... shall, within 30 days after becoming

aware of the ineligibility, return ... in the case of a non-monetary contribution, an amount equal

to its commercial value, to the Chief Electoral Officer who shall forward that amount to the

Receiver General.

According to Section 405.2 (1): No person or entity shall:

(a) circumvent, or attempt to circumvent, the prohibition under subsection 404(1), or(b)act in collusion with another person or entity for that purpose.

In addition to the requirement to return the value of the service/contribution, there are

significant penalties for breaching the Act.

Request for Action

Given the clear violations of both the letter and the spirit of various laws and governmentpolicies by the Conservative government, I repeat my request that the Government

immediately remove all partisan aspects in its taxpayer-funded television, radio and website

content, and that the Government immediately stop its use of this partisan material and

messaging in taxpayer-funded print advertising and other publications.


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I look forward to hearing your response and to seeing this government immediately take the

action necessary to ensure that, as required, all Government of Canada communications be

objective, and that such communications are used only to inform the public in an

accountable, non-partisan fashion consistent with the principles of Canadian parliamentary

democracy and ministerial responsibility.

Sincerely,

Martha Hall Findlay

MP for Willowdale

Liberal Critic for Public Works and Government Services

cc: The Hon. Christian Paradis, Minister of Public Works and Government Services

cc: Michelle d'Auray, Secretary of the Treasury Board

cc: Wayne Wouters, Clerk of the Privy Council and Secretary to the Cabinet


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Page 1 of8APPENDIX 2:

Transcripts of Television and Radio Advertisements Promoting the Governments Budgetary

Economic Programs

Contents

TELEVISION Advertisements ........................................................................................................... 2

1. What it Means ...................................................................................................................... 2

2. Home Renovation Tax Credit (Concept 2) ........................................................................... 3

RADIO Advertisements ................................................................................................................... 4

3. Canadas Economic Action Plan Forestry .......................................................................... 4

4. Canadas Economic Action Plan Automotive .................................................................... 5

5. Canadas Economic Action Plan Employment Insurance / Skills Training ........................ 6

6. Canadas Economic Action Plan Manufacturing ............................................................... 7

7. Canadas Economic Action Plan Home ............................................................................. 8


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Page 3 of82. Home Renovation Tax Credit (Concept 2) - Canada Revenue Agency

http://www.actionplan.gc.ca/eng/feature.asp?pageId=104

I pick the home improvements; my husband gets to figure them out, eventually.The home renovation tax credit gives us a good reason to do it now. We can save up to

1350 dollars on home improvements purchased before February 2010. We just have to

remember to keep our receipts for when we file our taxes.

This envelope is great.

Putting our tax dollars back into our home; that works for us.

Canadas Economic Action Plan. Get started now at actioncanada.gc.ca.

A message from the Government of Canada.


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Page 4 of8RADIO Advertisements

3. Canadas Economic Action Plan Forestry - Department of Finance Canadahttp://www.actionplan.gc.ca/eng/feature.asp?pageId=104

The Government of Canadas proposed Economic Action Plan contains new measures tobenefit the communities, businesses and families that depend on forestry related jobs.

This support will help Canadians companies better compete globally by developing new

products and aggressively marketing them.

New measures to make machinery more affordable will also help reduce operating costs

and keep jobs in Canada.

Canadas Economic Action Plan. Visit actionplan.gc.ca or call 1 800 0 Canada.

A message from the government of Canada.


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Page 5 of84. Canadas Economic Action Plan Automotive - Department of Finance Canada


The Government of Canadas proposed Economic Action Plan contains new measures to

benefit those who depend on our automotive industry.

This includes significant tax relief to help auto manufacturers compete globally, whileimproving access to financing for auto parts manufacturers and helping consumers and

businesses finance vehicle and equipment purchases here at home.




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Page 6 of85. Canadas Economic Action Plan Employment Insurance / Skills Training -

Department of Finance Canada


The Government of Canadas proposed Economic Action Plan contains new measures that

may benefit you.To help unemployed Canadian workers, regular employment insurance benefits could be

extended by five extra weeks. And new investments in skills training could mean access to

programs and opportunities that could help Canadians get back to work.




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Page 7 of86. Canadas Economic Action Plan Manufacturing - Department of Finance Canada


The Government of Canadas proposed Economic Action Plan contains new measures to

benefit the communities, businesses and families that depend on manufacturing jobs.

This support includes real tax relief that will encourage investment in computers, machineryand equipment that will make our manufacturers more competitive and help keep jobs in

Canada.




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Page 8 of87. Canadas Economic Action Plan Home Department of Finance Canada


The Government of Canada has proposed new tax cuts that may benefit you.

As part of Canadas Economic Action plan, tax cuts, like the home renovation tax credit,

could save you up to 1350 dollars on renovations completed before next February.There are also EcoEnergy retrofit grants and savings for first time home buyers. So reach

out and claim them.

Learn more about Canadas Economic Action Plan at actionplan.gc.ca or call 1 800 0 Canada.



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APPENDIX 3:

Communications Tools Contravening Law and Policy: Print and Online Advertisements

ContentsUnsubstantiated, false and/or exaggerated claims of accomplishment ........................................ 2

1. 90% Of The Plan Has Been Committed Website .............................................................. 2

2. 80% Of The Plan Has Been Implemented ............................................................................ 5

Banner Ads ...................................................................................................................................... 6

3. National Post ........................................................................................................................ 6

4. Toronto Star ......................................................................................................................... 7

5. Macleans.ca ......................................................................................................................... 8

6. Canada.com ......................................................................................................................... 9

7. Le Devoir ............................................................................................................................ 10

8. Vancouver Sun ................................................................................................................... 11

9. Global TV ............................................................................................................................ 12

10. Government of Canada Website .................................................................................... 13

Print Advertisement ...................................................................................................................... 14

11. Creating Jobs Today ....................................................................................................... 14

English ................................................................................................................................... 14

French: .................................................................................................................................. 16

Other ............................................................................................................................................. 17

12. Creating Jobs Today - GO Train Wrap, Toronto ............................................................. 17


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Unsubstantiated, False and/or Exaggerated Claims of Accomplishment

1. 90% Of The Plan Has Been Committed Website28 September 2009

http://www.actionplan.gc.ca/eng/media.asp?id=1952
http://www.actionplan.gc.ca/eng/media.asp?id=1952http://www.actionplan.gc.ca/eng/media.asp?id=1952


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2. 80% Of The Plan Has Been ImplementedGovernment of Canada Report to Canadians on the Economic Action Plan in Conservative

Blue with Misleading Claim Lacking Support of Evidence


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Banner Ads

3. National Posthttp://www.nationalpost.com/
http://www.nationalpost.com/http://www.nationalpost.com/


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4. Toronto Starhttp://www.thestar.com/
http://www.thestar.com/http://www.thestar.com/


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5. Macleans.cahttp://www2.macleans.ca/
http://www2.macleans.ca/http://www2.macleans.ca/


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6. Canada.comhttp://www.canada.com/
http://www.canada.com/http://www.canada.com/


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7. Le Devoirhttp://www.ledevoir.com/
http://www.ledevoir.com/http://www.ledevoir.com/


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8. Vancouver Sunhttp://www.vancouversun.com/index.html
http://www.vancouversun.com/index.htmlhttp://www.vancouversun.com/index.html


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9. Global TVwww.globaltv.com/globaltv/index.html
http://www.globaltv.com/globaltv/index.htmlhttp://www.globaltv.com/globaltv/index.html


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10.Government of Canada Websitehttp://www.canada.gc.ca/home.html
http://www.canada.gc.ca/home.htmlhttp://www.canada.gc.ca/home.htmlhttp://www.canada.gc.ca/home.html


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Other

12.Creating Jobs Today

- GO Train Wrap, Toronto


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APPENDIX 4:

Communications Tools Contravening Law and Policy: Websites and Weblinks

Contents

Action Plan Website, Social Media Links to Personal Accounts ..................................................... 2

1. Facebook.............................................................................................................................. 2

2. Flickr ..................................................................................................................................... 4

3. Twitter.................................................................................................................................. 6

4. YouTube ............................................................................................................................... 8

5. MySpace............................................................................................................................. 10

Website layout .............................................................................................................................. 12

6. Action Plan Website........................................................................................................... 12

7. Conservative Party Website............................................................................................... 13

Advertisements Referring to Action Plan Website....................................................................... 14

8. RADIO................................................................................................................................. 14

Canadas Economic Action Plan Home Renovation........................................................... 14

9. TELEVISION......................................................................................................................... 14

Home Renovation Tax Credit ................................................................................................ 14


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Page 2 of15

Action Plan Website, Social Media Links to Personal Accounts

1. FacebookOctober 16, 2009 and October 23, 2009 Weblink from actionplan.gc.ca to Prime

Minister Harpers personal Facebook Profile.

The first graphic below, a screenshot taken on October 16, 2009, indicates that the subject link

was inappropriately directed to Stephen Harpers personal Facebook page, and the second

graphic below demonstrates that the same link was changed by October 23, 2009.

October 16, 2009


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October 23, 2009


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2. FlickrOctober 16, 2009 and October 23, 2009 - Weblink from actionplan.gc.ca to Prime

Minister Harpers personal Flickr feed.


was inappropriately directed to Stephen Harpers personal Flickr feed, and the second graphicbelow demonstrates that the same link was changed by October 23, 2009.

October 16, 2009


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October 23, 2009


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3. TwitterOctober 16, 2009 and October 23, 2009 - Weblink from actionplan.gc.ca to Prime

Minister Harpers personal Twitter feed.


was directed to Stephen Harpers personal Twitter feed, and the second graphic belowdemonstrates that the same link was changed by October 23, 2009.

October 16, 2009


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October 23, 2009


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4. YouTubeOctober 16, 2009 and October 23, 2009 - Weblink from actionplan.gc.ca to Prime

Minister Harpers personal YouTube channel.


was directed to Stephen Harpers personal YouTube channel, and the second graphic belowdemonstrates that the same link was changed by October 23, 2009.

October 16, 2009


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October 23, 2009


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5. MySpaceOctober 16, 2009 and October 23, 2009 - Weblink from actionplan.gc.ca to Prime

Minister Harpers personal MySpace page.


was directed to Stephen Harpers personal MySpace page, and the second graphic belowdemonstrates that the same link was changed by October 23, 2009.

October 16, 2009


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October 23, 2009


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Website layout

6. Action Plan Websitehttp://www.actionplan.gc.ca/eng/index.asp

The layout of this website is virtually identical to the layout of the Conservative Partysown website (in item 3 below). For further comparison of similarities please see

appendix 6.
http://www.actionplan.gc.ca/eng/index.asphttp://www.actionplan.gc.ca/eng/index.asp


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Page 13 of15

7. Conservative Party Websitehttp://www.conservative.ca/
http://www.conservative.ca/http://www.conservative.ca/


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Page 14 of15

Advertisements Referring to Action Plan Website

8. RADIOCanadas Economic Action Plan Home Renovationhttp://www.actionplan.gc.ca/eng/feature.asp?pageId=104

The Government of Canadas proposed Economic Action Plan contains new tax

measures that may benefit you.

For a limited time, the new home renovation tax credit mean that homeowners may

receive up to 1350 dollars in tax relief on renovation expenses.

And first time home buyers can save up to 750 dollars on the closing costs of a new

home.



9. TELEVISIONHome Renovation Tax Credit


When it comes to home improvements, we tend to put things off.

The home renovation tax credit gives us a good reason to get started now on those

improvements weve been thinking about.

It means we can save up to 1350 dollars on home improvements purchased before

February 2010.

We just have to remember to keep our receipts for when we file our taxes.


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Page 15 of15

This envelope is really handy. Putting our tax dollars back into our home; that works for

us.

Canadas Economic Action Plan. Get started now at actioncanada.gc.ca.



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Page 1 of15

APPENDIX 5:

Official Letters and Other Examples

Contents

Official Letters from Government Ministers .................................................................................. 2

1. Letter to Constituents from the Honourable Lisa Raitt, Minister of Natural Resources ..... 2

Government of Canada documents referring to the Government of Canada as the Harper

Government .................................................................................................................................. 3

2. The Harper Government on Government of Canada websites (gc.ca) ......................... 3

Google Search conducted October 6, 2009 ............................................................................ 3

Updated search 10 days later (Oct. 16) shows 9,350 mentions ............................................. 4

3. Canadas Economic Action Plan Website: What has been done. ........................................ 5

Canada News Centre ................................................................................................................... 7

4. PM announces improvements to Toronto Reference Library ...................................... 7

5. Prime Minister Stephen Harper and Alberta Premier announce cutting-edge clean

energy project ......................................................................................................................... 8

6. Harper Government Investment to Benefit Communities Across British Columbia ... 9

7. Harper Government Invests In Fort Nelson's Recreational Infrastructure ................ 10

8. Harper Government Announces Investment to Create Jobs In Vernon .................... 11

9. Harper Government Delivering Action to Support Home Owners: Invests in the

Economy ................................................................................................................................ 12

Natural Resources Canada News Room ................................................................................... 13

10. Harper Government Delivering Action to Support Home Owners: Invests in the

Economy ................................................................................................................................ 13

Western Economic Diversification Canada ............................................................................... 15

11. Harper Government Announces Investments to Help Create & Maintain Jobs in

Manitoba ............................................................................................................................... 15


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Page 2 of15Official Letters from Government Ministers

1. Letter from Minister of Natural ResourcesLetter with Conservative Branding from the Honourable Lisa Raitt, Minister of Natural

Resources violating Treasury Board Communications Policy and the Federal Identity Program

Policy.


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Government of Canada documents referring to the Government of Canada as

the Harper Government

2. The Harper Government on Government of Canada websites (gc.ca)Google Search conducted October 6, 2009


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Page 4 of15Updated search 10 days later (Oct. 16) shows 9,350 mentions


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Page 5 of153. Canadas Economic Action Plan Website: What has been done.

http://actionplan.gc.ca/eng/feature.asp?featureId=4
http://actionplan.gc.ca/eng/feature.asp?featureId=4http://actionplan.gc.ca/eng/feature.asp?featureId=4


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Page 6 of15


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Page 7 of15Canada News Centre

4. PM announces improvements to Toronto Reference Libraryhttp://news.gc.ca/web/article-eng.do?m=/index&nid=490309
http://news.gc.ca/web/article-eng.do?m=/index&nid=490309http://news.gc.ca/web/article-eng.do?m=/index&nid=490309


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Page 8 of155. Prime Minister Stephen Harper and Alberta Premier announce cutting-edge clean

energy project

http://news.gc.ca/web/article-eng.do?m=/index&nid=489629
http://news.gc.ca/web/article-eng.do?m=/index&nid=489629http://news.gc.ca/web/article-eng.do?m=/index&nid=489629


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Page 9 of156. Harper Government Investment to Benefit Communities Across British Columbia

http://news.gc.ca/web/article-

eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=480989&crtr.dpt1D=&crtr.tp1D=&crtr.

lc1D=&crtr.yrStrtVl=&crtr.kw=%2522harper%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=

&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVl
http://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=480989&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522harper%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=480989&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522harper%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=480989&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522harper%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=480989&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522harper%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=480989&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522harper%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=480989&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522harper%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=480989&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522harper%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=480989&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522harper%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVl


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Page 10 of157. Harper Government Invests In Fort Nelson's Recreational Infrastructure






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Page 11 of158. Harper Government Announces Investment to Create Jobs In Vernon






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Page 12 of159. Harper Government Delivering Action to Support Home Owners: Invests in the

Economy



lc1D=&crtr.yrStrtVl=&crtr.kw=%2522conservative%2Bgovernment%2522&crtr.dyStrtVl=&crtr.a

ud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVl
http://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=457129&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522conservative%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=457129&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522conservative%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=457129&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522conservative%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=457129&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522conservative%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=457129&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522conservative%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=457129&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522conservative%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=457129&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522conservative%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVlhttp://news.gc.ca/web/article-eng.do?crtr.sj1D=&mthd=advSrch&crtr.mnthndVl=&nid=457129&crtr.dpt1D=&crtr.tp1D=&crtr.lc1D=&crtr.yrStrtVl=&crtr.kw=%2522conservative%2Bgovernment%2522&crtr.dyStrtVl=&crtr.aud1D=&crtr.mnthStrtVl=&crtr.yrndVl=&crtr.dyndVl


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Natural Resources Canada News Room

10. Harper Government Delivering Action to Support Home Owners: Invests in theEconomy

http://www.nrcan-rncan.gc.ca/media/newcom/2009/200955-eng.php
http://www.nrcan-rncan.gc.ca/media/newcom/2009/200955-eng.phphttp://www.nrcan-rncan.gc.ca/media/newcom/2009/200955-eng.php


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Page 14 of15


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Western Economic Diversification Canada

11.Harper Government Announces Investments to Help Create & Maintain Jobs inManitoba

http://www.wd.gc.ca/eng/77_11594.asp
http://www.wd.gc.ca/eng/77_11594.asphttp://www.wd.gc.ca/eng/77_11594.asp


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Page 1 of9

Appendix 6

Conservative Party Speeches and Communications Tools

Contents

Comparisons .......................................................................................................................................................... 2

1. Conservative Party Platform Document (Federal Election 2008) and the Government of Canadas Speech

From The Throne (November 2008) .......................................................................................................................... 2

2. conservative.ca and actionplan.gc.ca ............................................................................................................... 3

Releases from Conservative.ca, As Compared to Advertising of Budgetary Economic Programs ............................ 4

1. Prime Minister Stephen Harper addressed the Canadian Chamber of Commerce ........................................... 4

2. PM announces federal contribution to Linamar for leading edge research and development projects ........... 5

3. PM announces construction of new small craft harbour in Pangnirtung ......................................................... 6

4. PM announces improvements to Toronto Reference Library ........................................................................... 7

5. Clean Energy for Tomorrow: Investing in Carbon Capture and Storage in Alberta .......................................... 8

6. PM highlights Government Investments in Small Businesses in Canada .......................................................... 9


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Comparisons

1. Conservative Party Platform Document (Federal Election 2008) and theGovernment of Canadas Speech From The Throne (November 2008)

2008 Conservative Party Platform 2008 - Speech from the Throne


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Page 3 of9

2. conservative.ca and actionplan.gc.ca

Conservative.ca header on top, actionplan.gc.ca header on bottom. Both conservative.caand

actionplan.gc.ca contain exactly the same colours, custom fonts and custom spacing in their respective

headers (#333399). These websites have also been formatted and laid out identically (as evidenced by

the screenshots included in Appendix 4).


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Releases from Conservative.ca,As Compared to Advertising of Budgetary

Economic Programs

1. Prime Minister Stephen Harper addressed the Canadian Chamber of Commercehttp://www.conservative.ca/EN/1091/111049

Overlap with Government Advertising of Budgetary Economic Programs (emphasis added):

* We must stay on course and finish implementing our Economic Action Plan.

* On September 28, the Prime Minister presented Staying on Course, the Governments Third Report

to Canadians on the governments Economic Action Plan.

* Our government remains focussed on helping Canadians and is committed to staying on course to

ensure our economic recovery is strong.

* Reference to actionplan.gc.ca
http://www.conservative.ca/EN/1091/111049http://www.conservative.ca/EN/1091/111049


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Page 5 of9

2. PM announces federal contribution to Linamar for leading edge research anddevelopment projects

http://www.conservative.ca/EN/1091/110689

Overlap with Government Government Communications of Budgetary Economic Programs (emphasis

added):

* With projects like the Green and Fuel Efficient Powertrain Projects, we are seizing the opportunities

that will get us through these tough times, ensuring our country emerges stronger than ever and

creating high-quality jobs in communities like Guelph.


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3. PM announces construction of new small craft harbour in Pangnirtunghttp://www.conservative.ca/EN/1091/110251


added):

* Our government views Canada as a country that stretches from coast to coast to coast and our

Economic Action Plan is backing up this northern vision with real action,


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Page 7 of9

4. PM announces improvements to Toronto Reference Libraryhttp://www.conservative.ca/EN/1091/111002


added):

*Our Economic Action Plan is putting Canadians to work from coast to coast to coast on more than

4,000 infrastructure projects, including 500 right here in Toronto.

*While we are seeing encouraging signs of recovery, Canada isnt out of the woods yet. Just as we were

dragged into this global recession through no fault of our own, our recovery could be affected by

economic events beyond our borders, or political instability at home. That is why we must stay on

course, complete the implementation of our Plan and finish the job of building the foundations of

Canadas future prosperity!


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5. Clean Energy for Tomorrow: Investing in Carbon Capture and Storage in Albertahttp://www.conservative.ca/EN/1091/110967


added):

*As I have said, now is not the time for political uncertainty or instability. Now is the time to stay on

course, to finish implementing our Plan, and to strengthen the foundations of Canadas future

prosperity!
http://www.conservative.ca/EN/1091/110967http://www.conservative.ca/EN/1091/110967http://www.conservative.ca/EN/1091/110967


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6. PM highlights Government Investments in Small Businesses in Canadahttp://www.conservative.ca/EN/1091/111045

Overlap with Government Communications of Budgetary Economic Programs

(emphasis added):

*Our Government will continue to ensure small and medium-sized enterprises have the

opportunity to succeed and grow, despite the global economic downturn, said the Prime

Minister. Canadas Economic Action Plan is delivering timely and targeted new initiatives to

help ensure that businesses come out of the recession stronger than ever. Our economy is

already showing signs of recovery and that recovery is being led by entrepreneurs.

20091027 - Ethics Complaint Document Portfolio Eng

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Transcript of 20091027 - Ethics Complaint Document Portfolio Eng