P.E.I. auditor general finds Lantz video to be offside of advertising law

P.E.I.’s auditor general has found that a government video, featuring Premier Rob Lantz and Finance Minister Jill Burridge, ran afoul of the Government Advertising Standards Act.

Darren Noonan, the province’s auditor general, acknowledged the finding in a letter responding to a complaint filed by P.E.I. Opposition Leader Hal Perry.

Perry made the complaint on Oct. 9 after a video appeared on the social media page of the Government of P.E.I. Perry said a similar ad also ran on commercial radio.

The ad features Lantz and Burridge promoting the Island Essentials Benefit, an affordability program that provides quarterly payments to Island households.

“This is action for affordability — real relief for everyday life,” Lantz says in the ad as he looks directly into the camera.

At the end of the ad a note appears at the bottom stating that it was paid for by the Government of P.E.I.

Perry’s complaint suggested the act violated a clause in the Government Advertising Standards Act, which states government ads “shall not include the name, voice or image of a member of the executive council of a member of the legislative assembly.”

Perry also suggested the ad violated another provision of the act that states that the objective of ads should not foster a “positive impression of the governing party.”

In a letter provided to Perry on Oct. 15, Noonan agreed that the ad does not comply with the law.

“Basically, what happened is, the Liberals complained that the advertisement was not in compliance with the act, and we agreed with them,” Noonan said.

Noonan added he could not make a conclusion regarding Perry’s complaint that the ads were intended to foster a positive impression of the governing party.

Perry believes the governing Progressive Conservative party should repay taxpayers for the full cost of the ads.

He says the ads used public funds to promote partisan interests.

“We need to have a full accounting of what this advertising campaign cost, and the PC party should be required to pay every dime back to the taxpayers of P.E.I.,” Perry said in an interview with The Guardian.

Despite the finding of the auditor general, the Office of the Premier claimed no taxpayer dollars were spent on the ads.

“No public money was spent to advertise or promote this social media video,” reads a statement provided by the P.E.I. Premier’s Office. “We will continue to work with the auditor general to ensure all relevant information is provided.”

The Guardian asked the Premier’s Office to clarify why the video ad states that it was “paid for by the Government of Prince Edward Island.”

In a response, the Premier’s Office did not address this question.

“No money was spent to advertise or promote this social media video. This social media video did not run on radio,” reads a second statement provided by email.

When provided with the response from the Premier’s Office, both Perry and Noonan noted the ad contained a watermark indicating that it was paid for by the Government of Prince Edward Island.

Perry conceded that, while the Government Advertising Standards Act is clear that decisions by the province’s auditor general are “final and binding,” the act does not set out any clear sanctions for governments who have run afoul of the law.

“There’s no penalty to be quite honest. It’s just basically public shame,” Perry said.

Perry said he intends to introduce an amendment to the act, which would include some level of sanction for violations, during the upcoming sitting of the legislature. He is still working on the details of what sanctions might be part of this amendment.

The Government Advertising Standards Act was introduced in 2019 by then-Green party leader Peter Bevan-Baker. The bill, which was passed by the legislature, was prompted in part by ads the former Liberal government ran in The Guardian in 2018 touting the climate and carbon tax policies of the government of the day.

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Stu Neatby is a political reporter for The Guardian in Prince Edward Island. He can be reached at sneatby@postmedia.com and followed on X @stu_neatby.