City of Ottawa staff recommending against proposed ban on municipal fossil fuel advertising

Ottawa City Hall (CTV News Ottawa)

The City of Ottawa is not recommending a ban on fossil fuel advertisements on municipal property after community groups had called on the city to remove them over concerns for the environment.

The decision comes after staff conducted a review of the city’s new Advertising Using City Assets and Programs Policy that included a motion from Coun. Shawn Menard regarding the ads last year.

Various community and environmental groups had urged the city to ban the promotion of fossil fuels and the sponsorship of those companies in city facilities after the advertisements were spotted on ice rink boards and OC Transpo buses.

In a memo to councillors on the finance and corporate services committee in response to Menard’s motion, staff said the City of Ottawa’s advertising policy must comply with federal and municipal laws.

“Unlike the Federal regulations restricting advertising of tobacco, there are no Federal laws that prohibit or severely restrict fossil fuel advertising,” wrote Dan Chenier, the city’s general manager of recreation, cultural and facility services.

“As any prohibitions or significant restriction on fossil fuel advocacy advertising would constitute a limit on the right to freedom of expression under section 2(b) of the Charter, a reviewing Court would consider whether the limit is reasonable in a free and democratic society.”

Staff say municipal law must comply with new provisions under the federal Competition Act targeting “greenwashing,” a term for misleading or false environmental claims in advertising.

Under the rules, a business wanting to that claims to be “net-zero by 2050” would have to substantiate it with a concrete plan and backed by an international recognized methodology, for example.

Companies who don’t comply could face substantial penalties.

Staff recommend updating the city’s advertising policy to clarify the federal greenwashing provisions, to pre-screen advertisers for compliance, and provide greater clarity around the new rules on the city’s website.

Chenier writes that the city is not aware of other municipalities that have banned fossil fuel ads.

Toronto and Montreal have also taken steps to comply with federal greenwashing rules, the memo says.