Bill 40 - An Act Respecting Third Party Advertising

BILL 40

An Act Respecting Third Party Advertising

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

Political Process Financing Act

1( 1) Section 84.1 of the Political Process Financing Act, chapter P-9.3 of the Acts of New Brunswick, 1978, is amended by adding the following definitions in alphabetical order:

“non-election advertising” means a message transmitted to the public by any means outside of a campaign period that promotes or opposes a registered political party or a member of the Legislative Assembly or takes a position on an issue with which a registered political party or a member of the Legislative Assembly is associated, but does not include the following (publicité non électorale)

athe transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news;

bthe distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if it was planned that the book be made available to the public regardless of whether there was an election;

cthe transmission of a document directly by a person or a group to its members, employees or shareholders, as the case may be; and

dthe transmission by an individual, on a non-commercial basis, of his or her personal political views via the Internet.

“non-election advertising contribution” means a service, money or other property donated to a third party to support its non-election advertising, but does not include the following: (contribution pour publicité non électorale)

athe donation by an individual of his or her personal services, talents or expertise or of the use of his or her vehicle and the product of that donation, if it is given freely and not as part of work provided by the individual in the service of an employer; and

ba loan granted for the purpose of election advertising at a fair market rate of interest.

“non-election advertising expense” means an amount paid, a liability incurred or the value of a non-monetary contribution accepted for the purpose of producing or transmitting non-election advertising. (dépense de publicité non électorale)

“scheduled general election” has the same meaning as in the Elections Act. (élections générales programmées)

1( 2) Section 84.15 of the Act is amended by adding after subsection (4) the following:

84.15( 5) On or before September 30, 2021, the Supervisor will complete a report that reviews the best practices for regulating third party advertising spending limits in other jurisdictions and the Supervisor may include in the report any recommendations the Supervisor chooses.

84.15( 6) The Supervisor shall transmit the report referenced in subsection (5) to the Speaker, and the Speaker shall make it available for public inspection on the website of the Legislative Assembly and table it at the next sitting of the Legislative Assembly.

1( 3) The heading “Election advertising by third party” preceding section 84.2 of the Act is repealed and the following is substituted:

Advertising by third party

1( 4) Section 84.2 of the Act is amended

ain subsection (1) by striking out “election advertising” and substituting “election advertising or non-election advertising”;

bin subsection (3) by striking out “election advertising” and substituting “election advertising or non-election advertising”.

1( 5) Section 84.3 of the Act is amended

aby repealing subsection (1) and substituting the following:

84.3( 1) A third party shall register in accordance with this section immediately after incurring, entering into a contract to incur or planning to incur election advertising expenses or non-election advertising expenses that exceed $500 in total.

bin subsection (2) by striking out “election advertising expenses” and substituting “election advertising expenses or non-election advertising expenses”;

cby adding after paragraph (3)(e) the following:

e.1the name, address and telephone number of the third party’s directors, officers and any others with decision-making authority;

din paragraph (3)(f) by striking out “election advertising contributions” and substituting “election advertising contributions and non-election advertising contributions”;

ein paragraph (3)(g) by striking out “election advertising contributions” and substituting “election advertising contributions and non-election advertising contributions”;

fby adding after subsection (4) the following:

84.3( 4.1) Within ten business days of any of the information in a third party’s registration changing, the third party shall submit a revised registration to the Supervisor on a form provided by the Supervisor.

gin subsection (6) by striking out “is made” and substituting “is made, or if the registration is made as a result of non-election advertising, it is only valid from the time of registration until the conclusion of the next campaign period”.

1( 6) Section 84.35 of the Act is amended

ain paragraph (4)(b) by striking out “election advertising contributions” and substituting “election advertising contributions and non-election advertising contributions”;

bin paragraph (4)(c) by striking out “election advertising expenses” and substituting “election advertising expenses and non-election advertising expenses”;

cin subsection (5) by striking out “accept election advertising contributions or incur election advertising expenses” and substituting “accept election advertising contributions or non-election advertising contributions, or incur election advertising expenses or non-election advertising expenses”.

1( 7) Section 84.4 of the Act is amended by adding after subsection (4) the following:

84.4( 5) The Supervisor shall prepare a certificate of compliance indicating whether the Supervisor has registered or refused to register a third party under this section, and a certificate prepared after the Supervisor refused to register a third party shall include the Supervisor’s reasons for refusal.

84.4( 6) After the Supervisor makes a determination under subsection (5), the Supervisor shall make the certificate of compliance and the registration available in the registry of registered third parties maintained under section 84.9.

1( 8) Section 84.5 of the Act is amended

ain subsection (1), in the portion preceding paragraph (a), by striking out “election advertising contributions” and substituting “election advertising contributions or non-election advertising contributions”;

bin subsection (2) by striking out “election advertising contribution” and substituting “election advertising contribution or non-election advertising contribution”;

cin subsection (3) by striking out “election advertising contribution” and substituting “election advertising contribution or non-election advertising contribution”;

din subsection (4) by striking out “election advertising contribution” and substituting “election advertising contribution or non-election advertising contribution”;

ein subsection (5) by striking out “election advertising contributions” and substituting “election advertising contributions or non-election advertising contributions”.

1( 9) Section 84.6 of the Act is amended

aby adding before subsection (1) the following:

84.6( 0.1) In a year other than a year of a scheduled general election, a registered third party shall submit two advertising expenditure reports with the Supervisor:

aone, for the first six months of the year, to be submitted not later than September 30 of that year; and

banother, for the 12 months of the year, to be submitted not later than May 31 of the following year.

84.6( 0.2) In a year of a scheduled general election, on the ninetieth day before ordinary polling day, a registered third party shall file an advertising expenditure report with the Supervisor.

84.6( 0.3) On the twelfth day before ordinary polling day, a registered third party shall file an advertising expenditure report with the Supervisor.

84.6( 0.4) Despite subsection (0.1), in a year other than a year of a scheduled general election, if a general election is held prior to the requirement of the submission of either of the advertising expenditure reports in subsection (0.1), a registered third party does not need to submit the report or reports as the case may be and can fulfill the requirements of this section by submitting the advertising expenditure report referenced in subsection (1).

bby repealing paragraph (2)(a) and substituting the following:

aa list of all election advertising expenses and non-election advertising expenses incurred by the third party, but excluding information disclosed on previous advertising expenditure reports;

cby repealing paragraph (2)(c) and substituting the following:

cthe total value of election advertising contributions and non-election advertising contributions received by the third party, including election advertising contributions and non-election advertising contributions referred to in paragraph 84.3(3)(g), but excluding information disclosed on previous advertising expenditure reports;

din subparagraph (2)(d)(iv) by striking out “election advertising”;

ein subparagraph (2)(d)(v) by striking out “election advertising”;

fin paragraph (2)(f), in the portion preceding subparagraph (i), by striking out “election advertising” and substituting “election advertising and non-election advertising”;

gin paragraph (2)(h) by striking out “election advertising” and substituting “election advertising and non-election advertising”;

hin subsection (5) by striking out “election advertising expenses” and substituting “election advertising expenses and non-election advertising expenses”;

iby repealing subsection (6) and substituting the following:

84.6( 6) A third party shall provide the Supervisor with any additional information that the Supervisor may request with respect to its expenses, contributions or any other matter related to its election advertising or non-election advertising.

1( 10) Section 84.9 of the Act is amended

aby repealing subsection (3) and substituting the following:

84.9( 3) The registry shall include the information referred to in subsections 84.3(3), 84.3(4.1), 84.4(6), 84.6(0.1), 84.6(0.2), 84.6(0.3), 84.6(1), 84.6(7) and 84.6(8), and any other information the Supervisor deems appropriate, for each registered third party.

bby repealing subsection (5) and substituting the following:

84.9( 5) The Supervisor shall publish the information referred to in subsection (3) as quickly as possible and in the case of the information referred to in subsection 84.6(0.3) no later than the tenth day before ordinary polling day.

1( 11) Subsection 90(1) of the Act is repealed.

Elections Act

2( 1) Section 132 of the Elections Act, chapter E-3 of the Revised Statutes, 1973, is amended

ain paragraph (a) by striking out the word “or” at the end of the paragraph;

bin paragraph (b) by striking out the period at the end of the paragraph and substituting “; or”;

cby adding after paragraph (b) the following:

cthe Chief Electoral Officer is of the opinion that the party is materially similar to a party whose registration was cancelled under section 141.1 since the immediately preceding general election.

2( 2) The heading “Cancelling registration for failure to comply with section 148 or with sections 51 to 64 of the Political Process Financing Act” preceding section 141 is amended by adding “or section 84.8” after “64”.

2( 3) The Act is amended by adding after section 141 the following:

141.1 The Chief Electoral Officer shall cancel the registration of a registered political party that fails to comply with section 84.8 of the Political Process Financing Act.

Transitional provision

3 If a third party is engaged in non-election advertising at the time of the coming into force of this Act, or has engaged in non-election advertising in the six months preceding the coming into force of this Act, the third party shall register in accordance with section 84.3 of the Political Process Financing Act within ten business days.