Advisory for Municipalities, Transit Authorities and their Media Agencies

Many municipalities, transit authorities and their media agencies across Canada have rules that govern the placement of advertising on their property. These policies often reference the requirement for advertisements to comply with the Canadian Code of Advertising Standards (the Code).

Ad Standards, the national not-for-profit advertising self-regulatory organization in Canada, administers the Code. This bulletin is intended to outline Ad Standards’ Dos and Don’ts in referencing the Code in a municipal or transit authority’s advertising policies.

Dos

DO state that your organization will determine whether, “in its opinion”, an advertisement complies with the Code (if your policy indicates that your organization reviews advertisements to ensure compliance with the Code). Note that only Standards Council can make a final determination on Code

DO ensure that policies direct consumer complaints to Ad Standards, where applicable. Our policies require communication with the complainant directly. We are unable to proceed with a complaint that is forwarded to us by the municipality, authority or agency.

DO limit the scope of the complaints process relating to Ad Standards to match the Code. Ad Standards will not consider complaints related to specific requirements in an advertising policy that are extraneous to the Code.

DO keep links and references to Ad Standards and the Code accurate and up to date. Complaints can be submitted to Ad Standards online or by mail.

DO reference the municipality/public transit agency’s requirement to consider the Charter of Rights and Freedoms when determining whether it will accept advertising on its property. Remember that reasonable limits on freedom of expression of an advertiser (which is a guaranteed right under the Charter) by a public agency are only permitted where these limits can be “demonstrably justified in a free and democratic society” under Section 1 of the Charter. Compliance with the Code may not be the only consideration needed in this assessment.

DO consider membership with Ad Standards to demonstrate your support for advertising self-regulation. We are only able to administer the Code and issue guidance on compliance thanks to the support of our members. One valuable benefit of membership is the ability for your staff to receive an annual tailored presentation on the Code and its application. This helps inform a member’s understanding of the Code, its interpretation, and how to apply it under your policies. We truly appreciate the support from our current members.

Don'ts

DON’T state that anyone in the organization will consult with Ad Standards in determining how to apply the organization’s advertising policy or to determine if the policy was properly applied. Ad Standards no longer provides Code compliance consultations. We expect to offer this service again in the future and will let you know when the service is available.

DON’T ask complainants or advertisers to share Ad Standards’ complaint decisions with your organization. All decisions of the Standards Council are confidential until posted on the Ad Standards website. Also, all correspondence between Ad Standards and a complainant or advertiser are confidential and you should not be requesting that this information be shared with your organization.

DON’T attempt to speak on behalf of Ad Standards by indicating what Standards Council will consider with respect to a consumer complaint.

DON’T imply that Ad Standards will consider an ‘appeal’ of a decision of your organization with respect to the application of the Code. Ad Standards will consider all complaints that it receives under its own process as a new complaint and not as an appeal.

In an effort to help municipalities, transit authorities and their agencies to understand the Code and its application, Ad Standards will run a webinar on March 25, 2025 at 1 pm ET. If you are interested in attending, please email communications@adstandards.ca and we will reach out with a register link when it becomes available.

For information about membership, please contact Ad Standards’ Membership Coordinator, Audrey Santana.