BILL 42

Government Advertising Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Definitions

1 The following definitions apply in this Act.

“candidate” means a candidate as defined in the Elections Act. (candidat)

“government advertisement” means advertising material that, in return for the payment of public money, is published by a private sector supplier on behalf of a government body. (publicité gouvernementale)

“government body” means any portion of the Public Service as defined in the Public Service Labour Relations Act. (organisme gouvernemental)

“leadership contestant” means a leadership contestant as defined in the Elections Act. (candidat à la direction)

“public money” means public money as defined in the Financial Administration Act. (fonds publics)

“publish” means to make public by or through the medium of television, radio or print, including to distribute or to display printed matter. (publier)

“registered political party” means a registered political party as defined in the Elections Act. (parti politique enregistré)

Application

2( 1) Subject to subsection (2), this Act applies to all government bodies.

2( 2) This Act or any provision of it does not apply to a government body or class of government bodies exempted from the application of this Act by the regulations.

2( 3) A government body exempted from the application of this Act or any provision of it shall comply with any terms or conditions prescribed by regulation.

2( 4) For greater certainty, this Act or any provision of it does not apply to material made public by or through the medium of the Internet.

Government advertisement

3 A government advertisement may be published for the following public purposes:

(a)  to inform the public concerning

( i) matters of public health or safety,

( ii) matters before the Legislative Assembly,

( iii) existing, new or proposed government programs, plans, services or policies,

( iv) goals, objectives, anticipated outcomes, results of or the rationale for a program, plan, service or policy referred to in subparagraph (iii),

( v) rights and responsibilities under the law,

( vi) provincial relations with the government of another jurisdiction;

(b)  to solicit proposals or tenders for contracts or applications for employment with a government body;

(c)  to encourage or discourage specific social behaviour in the public interest;

(d)  to promote residence, employment, investment, study or tourism in the Province or any part of the Province;

(e)  to promote economic development in any sector of the economy of the Province, or to inform the public of government plans to support economic development;

(f)  to fulfil any purpose required by law; or

(g)  any other public purpose prescribed by regulation.

Standards

4 A government body shall ensure that a government advertisement

(a)  contains factual information,

(b)  is published for a public purpose as set out in section 3,

(c)  includes a statement that it is funded in whole or in part by public money,

(d)  does not include the name or logo of a registered political party,

(e)  does not promote or oppose a registered political party, a member of the Legislative Assembly, a candidate or a leadership contestant,

(f)  in the case of a televised government advertisement, does not include the name, voice or image of a member of the Executive Council or of a member of the Legislative Assembly, and

(g)  meets any additional requirements prescribed by regulation.

Administration

5 A member of the Executive Council designated by the Lieutenant-Governor in Council shall be responsible for the administration of this Act and may designate one or more persons to act on his or her behalf.

Regulations

6 The Lieutenant-Governor in Council may make regulations

(a)  exempting government bodies or classes of government bodies for the purposes of subsection 2(2);

(b)  prescribing terms or conditions for the purposes of subsection 2(3);

(c)  prescribing public purposes for the purposes of paragraph 3(g);

(d)  prescribing additional requirements for the purposes of paragraph 4(g);

(e)  defining words or expressions used, but not defined, in this Act;

(f)  respecting any other matter that may be necessary for the proper administration of this Act.

Commencement

7 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.