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Vol. 141, No. 13 — March 31, 2007 Public Opinion Research Contract RegulationsStatutory authority Federal Accountability Act, Financial Administration Act and Library and Archives of Canada Act Sponsoring agency Treasury Board Secretariat REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Description On December 12, 2006, certain provisions of the Federal Accountability Act aimed at ensuring value for money in government contracts for public opinion research services came into effect. The Act prohibits verbal-only reports and requires that federal departments and agencies send to Library and Archives Canada final reports of public opinion research to facilitate their access to the general public. The Regulations prescribe the form and content of the terms of the contract and of the written reports, and the manner in which the reports are to be made available to the public. The Regulations would prescribe that all public opinion research contracts require the submission of a written report that contains minimum basic information depending on the type of research conducted. For example, the requirements for contracts that would include design, methodology and analysis of public opinion research would differ from those for which only the fieldwork is contracted out. Specific provisions are also included for syndicated surveys for which the Government does not own the copyright. The Federal Accountability Act requires departments to provide copies of the final report to Library and Archives Canada within six months following the completion of data collection conducted under a contract. Library and Archives Canada then posts summaries of the reports, including contract information, on its Web site to facilitate access by the public. The Regulations would provide notification to research firms that an executive summary will be made public. Alternatives An alternative was considered during the development of proposals for the Federal Accountability Act: that being to not make regulations. The Communications Policy of the Government of Canada and its related Procedures, which were amended in August 2006 as part of the Federal Accountability Action Plan, include many of the requirements outlined in the Regulations. However, this option was rejected due to the serious nature of the concerns raised about transparency, fairness, and ensuring value for money in the procurement process in advertising and public opinion research in the November 2003 Auditor General report. Issues raised by the Auditor General included the manner in which public opinion research and advertising contracts were awarded; poor documentation; and the failure of oversight mechanisms to detect, prevent, and report violations. While the Auditor General has reported improvement in her 2007 Report, the proposed Regulations would underpin the updated Communications Policy and its Procedures. Benefits and costs The Regulations do not impose any new costs on federal departments and agencies that are not already required under the 2006 Communications Policy and its Procedures, and other administrative policies. In 2005-2006, 516 public opinion research projects were initiated by the Government and coordinated through Public Works and Government Services Canada (PWGSC); these had a contract value of $26.8 million and used the services of 61 research firms. The marketing research industry in Canada accounts for close to $750 million in marketing research activities annually, including the Government of Canada's share. Since the requirements of the proposed Regulations for reporting would be the same as the updated Policy and Procedures, it is anticipated that the costs illustrated above would remain the same as without Regulations. Consultation The development of the Federal Accountability Act's provisions as well as the August 2006 amendments to the Communications Policy of the Government of Canada and its Procedures for Planning and Contracting Public Opinion Research were the subject of significant consultations with major stakeholders within the federal public service between January and June 2006. The major comments received were that contracts for syndicated surveys, where the Government does not own the copyright, should not be subjected to the same requirements, and in cases where the design, methodology and analysis are done in-house, the raw data (e.g. data tables), along with a description of the purpose of the research and the methodology used, would be provided to Library and Archives Canada. There were no concerns raised on the Federal Accountability Act's provisions related to public opinion research during the debates that occurred between April 11 and November 9, 2006, in the House of Commons, the Senate or their parliamentary committees, with the exception of two people who would have preferred that public opinion research be available at the moment the suppliers provide them to departments. Compliance and enforcement Compliance with the proposed Regulations would be achieved through measures already in place, and would be enhanced by augmenting the opportunity for public scrutiny of public opinion research done for their government through a new Library and Archives Canada Web site. First, PWGSC is the sole contracting authority for public opinion research for federal departments and agencies to ensure consistency and cost-effectiveness. One branch of PWGSC oversees the planning and co-ordination of projects and reviews projects to help departments ensure compliance with policy and legislation. A second branch of PWGSC ensures the integrity of the contracting process. Through its Research Information Management System (RIMS), PWGSC can track public opinion research projects, and systematically issue notices to federal departments and agencies reminding them to send copies of their final public opinion research reports to Library and Archives Canada before the six-month deadline. The Auditor General has examined the compliance rate for filing such reports. In Chapter 1 of her Status Report on advertising and public opinion research activities tabled in February 2007, the Auditor General identified no cases of non-compliance with regard to the filing of public opinion research reports. Library and Archives Canada has set up a Web site, porr-rrop. gc.ca, allowing federal departments and agencies to submit their final reports and to provide the required information. The public will be able to access executive summaries of the reports on the Web site and request copies through departments or the Library and Archives Canada collection. Reports can also be accessed through the network of public and academic libraries, facilitating access wherever the location of the requester. To ensure more transparency in the management of public opinion research across government, PWGSC also publishes an annual report on public opinion research in the Government of Canada accessible to the public, setting out for instance the federal institutions that conduct public opinion research, selected service providers, and some topics of study. All infringements to the Regulations must be reported to the Secretary of the Treasury Board, and Deputy heads of departments and agencies are responsible for taking appropriate remedial action. If needed, penalties and sanctions as set out in the Financial Administration Act would apply, and could include a review or audit, the removal of authorities, disciplinary action (reprimands, suspensions or terminations of employment), recoveries of monies, and referral to law enforcement authorities when wrongdoing of a criminal nature is suspected. Together, these measures would help ensure that the contracting process for public opinion research is transparent, and that both Parliamentarians and citizens would be able to judge both the relevancy and the value for money of the research conducted by or for their Government. Michelle Shipman, Director, Communications Policy and Federal Identity Program, Strategic Communications and Ministerial Affairs, Treasury Board Secretariat, Tower West, 3rd Floor, 300 Laurier Avenue W, Ottawa, Ontario K1A 0R5, 613-952-3963 (telephone), 613-946-5187 (fax), Shipman.Michelle@tbs-sct.gc.ca (email). Notice is hereby given that the Governor in Council, pursuant to subsection 42(3) (see footnote a) of the Financial Administration Act, proposes to make the annexed Public Opinion Research Contract Regulations. Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Michelle Shipman, Director, Communications Policy and Federal Identity Program, Strategic Communications and Ministerial Affairs, Treasury Board Secretariat, 300 Laurier Ave. West, West Tower, 3rd Floor, Ottawa, Ontario, K1A 0R5 (tel.: 613-952-3963; fax: 613-946-5187; E-mail: Shipman.Michelle@tbs-sct.gc.ca). Ottawa, March 22, 2007
MARY O'NEILL
[13-1-o] S.C. 2006, c. 9, s. 312
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