3rd Session, 61st General Assembly
60 Elizabeth II, 2011
The Honourable Stephen McNeil
First Reading: May 6, 2011
Clause 1 adds definitions of "third party" and "third party election advertising" to the Elections Act.Clause 2 adds registered sponsors to those eligible to advertise during an election. Clause 3 sets out the parameters for sponsorship of election advertising.
1 Section 3 of Chapter 140 of the Revised Statutes, 1989, the Elections Act, as amended by Chapter 43 of the Acts of 2001 and Chapter 17 of the Acts of 2005, is further amended by adding immediately after clause (ada) the following clauses:
(adc) "third party election advertising" means the transmission to the public by any means of a message that promotes or opposes, directly or indirectly, a registered political party, political organization, electoral district association or the election of a candidate, including a message that takes a position on an issue with which a registered political party or candidate is associated, but does not include
(ii) the distribution of a book, or the promotion of the sale of a book, for no less than its commercial value, if the book was planned to be made available to the public regardless of whether there was to be an election,
(2) Section 176 of Chapter 140, as enacted by Chapter 28 of the Acts of 2006, is further amended by adding immediately after subsection (2) the following subsection:
176B (1) In this Section, "registered sponsor" means a third party who complies with the requirements of this Section, acts independently of candidates, recognized parties, political organizations and electoral district associations, and whose name has been entered in the register of registered sponsors by the Chief Electoral Officer.
(4) An application for registration pursuant to this Section must be accompanied by a sworn declaration that the third party is not prohibited from being registered by Section 176J and not seeking registration for the purpose of limiting the election expenses of a party or candidate during an election.
(5) On receipt of an application, the Chief Electoral Officer shall examine the application and determine whether the third party is eligible to be entered as a registered sponsor in a register to be maintained by the Chief Electoral Officer for this purpose.
(6) Upon the determination of an application pursuant to subsection (5), the Chief Electoral Officer shall cause the application to be publicly accessible electronically during an election period and ninety days after the ordinary polling day for the election to which it relates.
176E (1) A registered sponsor may apply to the Chief Electoral Officer for deregistration once it has filed its election advertising disclosure report if it is not subject to deregistration and does not have an outstanding penalty assessed under Section 176D.
176G (1) Third party sponsors shall file an election advertising disclosure report in accordance with this Section and Section 176H for any third party election advertising that has a total value of two hundred and fifty dollars, or such higher amount as established by regulation.
(3) A sponsor shall file a supplementary report with the Chief Electoral Officer if any information required to be disclosed in the election advertising report changes or if the sponsor becomes aware that the original report does not completely and accurately disclose that information.
176I Where a sponsor fails to file an election advertising disclosure report pursuant to Section 176G, it may be filed within thirty days after the time period under Section 176H expires once a late filing fee equivalent to the fine in subsection 185(2) has been paid to the Chief Electoral Officer.
176J (1) Where an election advertising disclosure report has not been filed with the Chief Electoral Officer pursuant to Section 176G and the time period established in that Section and Section 176H has expired, the sponsor
176K A registered sponsor shall maintain records of the contributions it makes and receives for the purpose of third party election advertising during an election and retain those records within the Province for a period of five years from the date of filing the election advertising disclosure report, or such longer period as specified by the Chief Electoral Officer.
176L All information filed pursuant to Sections 176B to 176K with the Chief Electoral Officer must be available for public inspection at the office of the Chief Electoral Officer during its regular office hours.