ARCHIVED - Communications Policy of the Government of Canada: Procedures (Archived Version)

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Procedures for Planning and Producing Publications for Sale

The Communications Policy of the Government of Canada requires institutions to notify PWGSC when they are planning to produce a publication for sale – see Requirement 27(e). PWGSC is responsible for providing institutions with mandatory, as well as optional or non-mandatory, services related to the planning and production of publications for sale.

The Publishing and Depository Services Directorate (PDSD) of PWGSC publishes all government priced material except in cases where an institution has the statutory authority to publish.

The mandatory publishing services the PDSD provides to institutions include:

• Publication management of legislated publications, including publications tabled in the House of Commons, the Statutes of Canada, Amendments to the Statutes, Royal Commission inquiries and reports, Main and Supplementary Estimates, Customs Tariffs and Federal and Supreme Court reports.
• Publication management of priced publications for author departments that do not have delegated publishing authority.
• Co-publishing services for all departments, whereby a private-sector publisher publishes government information on behalf of the Crown.

Planning publications

Institutions must provide PDSD with the following information about their publishing activities:

• updates on new publications;
• an indication of whether a planned publication will be free or priced;
• plans for producing publications in multiple formats to meet the requirements of persons with disabilities;
• the publication’s anticipated release date; and
• the proposed quantity, including sufficient copies in English and French for distribution through the Depository Services Program (see the Procedures forregistering publications with the Depository Services Program and central publishing database).

Identification of government publications

At a minimum, to ensure proper identification, the publishing institution must ensure that the following information appears in every government publication:

• the title of the publication;
• the corporate signature and ‘Canada’ wordmark, as specified in the Federal Identity Program;
• the copyright notice;
• the notice “également disponible en français,” which is to appear on the colophon page of the English‑language version, and the notice “also available in English,” which is to appear on the colophon page of the French-language version of a bilingual publication;
• the Government of Canada catalogue number, if applicable;
• the institutional catalogue number, if applicable; and
• the International Standard Book Number (ISBN) or the International Standards Serial Number (ISSN).

All major publications should conform to the international standards set out in ISO 1086-1975: Documentation – Title leaves of a book.

Copyright

PDSD is also responsible for the administration and licensing of Crown copyright. For more details, please refer to the Procedures for the Administration and Licensing of Crown Copyright.

Pricing for sale

Institutions that do not have publishing authority must supply PDSD with a work to be published, generally at the camera-ready stage (electronic or paper).

The price of a publication is based on a series of factors including production and printing costs as well as the market value or a reasonable approximation thereof. The list price of a publication is established by PDSD in consultation with the author institution and in accordance with the rate structure approved by the Treasury Board.

When the market price is less than the full cost of the publication, the institution is asked to subsidize the publication’s initial print run.

When a private-sector publisher publishes government information on behalf of the Crown, PDSD puts in place a co-publishing agreement that allows the private-sector publisher to produce, print and commercialize the publication. In return, the private- sector publisher pays royalties based on sales.

Marketing and sales

PDS markets and sells priced government publications in Canada and abroad. It also negotiates sales and distribution contracts. PDSD works in close partnership with the author institution to co-ordinate all publication-related marketing activities.

Official languages

A publication may be issued in bilingual or unilingual versions. Overall costs are to be taken into account before deciding whether a publication should be issued in bilingual or unilingual versions. For the purposes of cataloguing and distribution, publications issued separately in the two official languages are considered as two separate publications.

The English- and French-language editions of a publication are to be issued simultaneously. If this is impractical for urgent program reasons, written authorization from the Minister of the author institution is required to release one edition before the other. PDSD will not issue a publication in one language ahead of the other unless it has received ministerial authorization in writing.

Distribution

If a publication is to be tabled in Parliament, its general distribution is withheld until PDSD has received notice in writing from the author institution, or has evidence, that the publication has been tabled. PDSD may, on written agreement with the author institution, arrange for advance shipments of the publication before it is tabled in Parliament or released.

In addition, the publishing institution supplies the Library of Parliament with five copies of each publication and Library and Archives Canada with two. Publishing institutions also ensure that the Library of Parliament receives, on request, copies of those materials intended primarily for internal government use.

Disposal of surplus stock

Surplus stock of all publications is disposed of in accordance with the requirements of the Library and Archives of Canada Act. The Canadian Book Exchange Centre, managed by Library and Archives Canada, acts as a clearing-house to distribute and exchange publications that are deemed surplus by some institutions, but that may be of use to others.

Central publishing database

Institutions must register all of their priced publications, as well as all publications issued free of charge, with the government’s central publishing database. For details about registering and listing publications in the database, please see the Procedures forthe Depository Services Program and Central Publishing Database.

Contact

For more information about planning and producing publications for sale, contact at PWGSC:

Christine Leduc Director Publishing and Depository Services Directorate Phone:  613-996-5959 Fax:  613-947-6949 E-mail:    Christine.Leduc@pwgsc.gc.ca

Joanne Joanisse Manager Publishing Programs Phone:  613-996-3049 Fax:  613-998-1450 E-mail: Joanne.Joanisse@pwgsc.gc.ca

Procedures for the Administration and Licensing of Crown Copyright

Institutions subject to the Communications Policy of the Government of Canada must manage the administration and licensing of Crown copyright in co-ordination with PWGSC. Institutions must comply with the Copyright Act and ensure that the ownership rights associated with works subject to copyright are fully respected in all media applications.

PWGSC is responsible for the administration and licensing of Crown copyright throughout the Government of Canada (see Requirement 28 of the Communications Policy). This includes:

• assisting, advising and supporting Government of Canada institutions with respect to Crown copyright issues;
• administering and protecting the copyright in works authored by Government of Canada institutions;
• assigning Crown copyright;
• granting or refusing permission to reproduce works subject to Crown copyright;
• arranging and granting commercial rights associated with works subject to Crown copyright;
• maintaining a database of Crown copyright clearance requests.

When requested by an institution, PWGSC will assume full responsibility for the administration and licensing of Crown copyright. The procedures outlined below apply whether an institution assumes responsibility for administering and licensing Crown copyright or requests PWGSC to assume this responsibility on its behalf.

Requests to reproduce works subject to Crown copyright

Institutions, in co-operation with PWGSC, approve requests to reproduce works subject to Crown copyright. This applies to both published works (free and priced publications) and to unpublished works, in any medium, for either commercial or non-commercial purposes.

Institutions must adhere to the following procedures when addressing requests to reproduce works that are subject to Crown copyright:

Requests to reproduce free departmental publications for non-commercial purposes

Institutions reply directly to requesters who wish to reproduce a free departmental publication, in whole or in part, for non-commercial purposes.

A file copy of the response must be forwarded to PWGSC for entry into its Central Licensing Database.

Requests to reproduce priced publications for non-commercial purposes

When requested by an institution, PWGSC will negotiate a license for the reproduction of a priced publication for non-commercial purposes.

PWGSC replies directly to requesters wishing to reproduce a priced publication, in whole or in part, for non-commercial purposes. A copy of the response is forwarded to the institution for its file.

Requests to reproduce free and priced publications for commercial purposes

Requests to reproduce a free or priced publication for commercial purposes require a non-exclusive license in which copyright remains with the Crown and a royalty is levied.

At the request of an institution, PWGSC will negotiate such a license. Alternatively, an institution will inform PWGSC of any Crown copyright licensing agreement it has entered into and will provide PWGSC with a copy.

Institutions must determine whether copyright materials not belonging to the Crown (such as text, photographs, video clips, etc.) are embedded in works to be licensed. The ownership rights for such third party materials must be respected and properly secured before the use of such materials can be licensed.

Requests to translate works for non-commercial or commercial purposes

For requests to translate works subject to Crown copyright, PWGSC and institutions will follow the same procedures as those governing the reproduction of free and priced publications for commercial or non-commercial purposes (item 3 above).

Royalties

Royalties apply to Crown copyright works that are being commercially exploited. PWGSC negotiates royalties, and the schedule for royalty payments forms part of the license.

Assignment of works subject to Crown copyright

Published works subject to Crown copyright are the property of the Crown. The ownership of works that are subject to Crown copyright can be transferred in accordance with the provisions of the Surplus Crown Assets Act or under Order-in-Council.

Using established criteria, PWGSC has authority by the Governor-in-Council to approve the transfer of works subject to Crown copyright.

Exceptions to the reproduction of works subject to Crown copyright

Permission to reproduce works subject to Crown copyright will be denied where the intended reproduction would:

• be in an undignified context;
• be considered unfair, misleading or inaccurate;
• be used for advertising purposes in an undesirable manner;
• be used in a context that may prejudice or harm a third party;
• be considered inappropriate by the author department or agency;
• be considered out-of-date;
• infringe on the proprietary rights of third parties; or
• suggest an official endorsement by the Crown where none exists.

Institutions intending to deny permission to reproduce a work subject to Crown copyright will confer with PWGSC to determine which criteria are most applicable to the circumstances. Similarly, PWGSC will confer with the author institution when it intends to deny permission to reproduce a work in which copyright belongs to the Crown.

Infringement on works subject to Crown copyright

PWGSC works with institutions to ensure that infringements on works subject to Crown copyright are investigated and processed as follows:

• When an author department or agency identifies a potential infringement, it must ask PWGSC, in writing, to investigate.
• PWGSC, in consultation with legal counsel, will investigate and prepare the necessary legal documents for action.
• PWGSC will apprise the author department or agency of developments.
• PWGSC will confer with legal counsel about potential criminal sanctions.
• PWGSC will provide the author department or agency with a written notice of a potential infringement it has identified.

Contact

For more information about these procedures, or about Crown copyright, please contact at PWGSC:

Christine Leduc Director Publishing and Depository Services Directorate Phone:  613-996-5959 Fax:  613-947-6949 E-mail:  Christine.Leduc@pwgsc.gc.ca

Joanne Joanisse Manager Publishing Programs Phone:  613-996-3049 Fax:  613-998-1450 E-mail:  Joanne.Joanisse@pwgsc.gc.ca

Procedures for Contracting Film, Video and Multimedia Productions

The Communications Policy of the Government of Canada requires institutions to contract through PWGSC the production, distribution and evaluation of motion picture films, videotapes, television programs, interactive videodiscs, CD ROMs, audiovisual and multimedia productions (see Requirement 29).

Institutions must work with PWGSC to procure services in support of film, video and multimedia productions, regardless of format, use or intended audience. PWGSC provides mandatory procurement services for all film, video and multimedia production requirements, regardless of the value of the contract.

PWGSC ensures the integrity of the contracting process between institutions and private- or public-sector producers. It oversees contracting, quality control and storage services, while institutions handle all other aspects of project management.

Getting started

Government institutions seeking services to produce, distribute or evaluate a film, video or multimedia production must provide PWGSC with:

• A description of how the project fits within the context of its overall communications plan.
• An indication as to whether the institution wishes to limit the competitive process to Aboriginal businesses under the government’s Set-aside Program for Aboriginal Business.
• A comprehensive statement of work that includes, but is not limited to:
  • background information about the project (its purpose and audience)
  • a detailed description of the work to be done by the supplier
  • a detailed description of the institution’s role in the project
  • a detailed description of any materials the institution will be providing to the supplier
  • a list of specific deliverables
  • a list of time or budgetary constraints
  • a proposed project schedule
  • a description of the institution’s approval process
  • a description of how the final product is going to be used (to determine copyright issues)
  • proposed bid evaluation criteria
  • the name and contact information of the project manager
• A description of the project’s security requirements and whether the supplier needs to have security clearance to work on the project.

Procuring services

Once PWGSC has all the information and documentation it requires, it will present the institution with a proposed procurement process and schedule for review. Regardless of the process that is eventually followed, the outcome will constitute a contract between a supplier and PWGSC, acting on behalf of the client institution.

Managing the project

Once the contract has been awarded by PWGSC, the institution’s project manager works with the supplier in accordance with the terms and conditions of the contract. The institution has the authority to review and approve all invoices associated with the project.

The project manager must inform the PWGSC contracting officer when and if any of the supplier’s work fails to meet the specifications or schedule set out in the contract. PWGSC assists the client institution and the supplier in resolving situations that affect the contract or require its amendment.

On behalf of the Crown, PWGSC provides contract management services to the client institution and the supplier. These services include but are not limited to:

• contract amendments
• financial security issues
• dispute resolution
• contract termination
• contract close-out
• review of supplier performance.

Contact

For more information about contracting film, video and multimedia productions, please contact at PWGSC:

George Martin
Manager
Exhibits, Audio-Visual, Events and Communications Services Procurement

Phone:  613-990-6842
Fax:  613-991-5870
E-mail: George.Martin@pwgsc.gc.ca

 

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