<<SR_PageTitle>>

Regulation number	Title
2011, c.23	Referendum Act

Under section 19 of the Referendum Act, the Lieutenant-Governor in Council makes the following Regulation:

1This Regulation may be cited as the Referendum Financing Regulation - Referendum Act.

2The following definitions apply in this Regulation.

“Act” means the Referendum Act.(Loi)

“broadcasting undertaking” means a broadcasting undertaking as defined in section 2 of the Broadcasting Act (Canada).(entreprise de radiodiffusion )

“chief financial officer” means a referendum advertiser’s chief financial officer appointed in accordance with section 8.(directeur financier)

“corporation” means any entity incorporated under the laws of the Province and any incorporated entity having its head or other office or doing business or any part of its business in the Province.(personne morale)

“group” means a group of individuals or corporations acting in consort for the purpose of promoting or opposing, directly or indirectly, an answer to a referendum question and includes a trade union, a registered political party, a registered district association or any combination of individuals, corporations, trade unions, registered political parties or registered district associations.(groupe)

“referendum advertiser” means(annonceur référendaire)

(a) an individual or corporation that incurs referendum expenses,

(b) a group of individuals or corporations that incurs referendum expenses, or

(c) any other group carrying on business or conducting its activities within the Province and that incurs referendum expenses.

“referendum advertising” means a message transmitted to the public by any means during a referendum period that promotes or opposes an answer to the referendum question, but does not include the following: (publicité référendaire)

(a) the transmission to the public of an editorial, a debate, a speech, an interview, a column, a letter, a commentary or news if

(i) they are published in the same manner and under the same standards as prevail outside a referendum period, without payment, reward or promise of payment or reward, and

(ii) the newspaper or other periodical is not established for the purpose of the referendum or with a view to the referendum;

(b) the 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 a referendum;

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

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

“referendum advertising contribution” means money, a service or other property contributed to a referendum advertiser to support its referendum advertising, but does not include the following:(contribution à la publicité référendaire)

(a) the 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;

(b) a loan granted for the purpose of referendum advertising at the current rate of interest in the market at the time it is granted; and

(c) the use of time on radio or television or advertising space in a newspaper, periodical or other printed matter made available free of charge by a broadcasting undertaking or publisher of a newspaper, periodical or other printed matter, if the service is offered on an equitable basis, qualitatively and quantitatively, to all referendum advertisers.

“referendum expenses” means an amount paid, a liability incurred or the value of a non-monetary contribution accepted and used by or on behalf of a referendum advertiser for the purpose of promoting or opposing, directly or indirectly, an answer to a referendum question including(dépenses référendaires)

(a) the cost of producing or transmitting referendum advertising,

(b) the cost of acquiring the services of any person, including remuneration paid to the person, and

(c) the cost of acquiring meeting space, providing refreshments and acquiring and distributing promotional material,

but does not include

(d) the reasonable expenses incurred by a person, out of his or her own money, for his or her own lodging, food or transportation during a journey for referendum purposes, if the expenses are not reimbursed to the person, and

(e) the reasonable expenses incurred for the publication of explanatory commentaries on the Referendum Act or the Municipal Elections Act and instructions issued under their authority, if the commentaries are strictly objective and contain no statements of a nature to support or oppose an answer to a referendum question.

“referendum period” means the period commencing on the day the order for a referendum is made under section 7 of the Act and ending on the ordinary polling day of the referendum.(période référendaire)

“registered district association” means a district association that has been registered pursuant to section 135 of the Elections Act.(association de circonscription enregistrée)

“registered political party” means a political party that has been registered pursuant to section 133 of the Elections Act.(parti politique enregistré)

“trade union” means a trade union as defined by the Industrial Relations Act and the Canada Labour Code (Canada) that holds bargaining rights for employees in the Province to whom those Acts apply.(syndicat)

Application

3This Regulation applies to a referendum held in conjunction with general elections held under the Local Governance Act and a referendum held on a date that does not coincide with an election referred to subsection 8(1) of the Act.

2017, c.20, s.156

Disclosure by referendum advertiser

4(1)A referendum advertiser shall identify itself in any referendum advertising that it places and shall indicate that it has authorized the advertising.

4(2)The identifying information required under subsection (1) shall include the following:

(a) the name of the referendum advertiser; and

(b) the name of the person responsible for the referendum advertiser’s books and records and his or her telephone number or address.

4(3)No referendum advertiser shall transmit to the public any referendum advertising that may lead the public to believe that the advertising originates with another referendum advertiser.

Registration of referendum advertiser

5(1)No referendum advertiser shall incur referendum expenses exceeding $500 unless the referendum advertiser is registered in accordance with this section.

5(2)An application for registration shall be sent to the Municipal Electoral Officer and shall include the following:

(a) if the referendum advertiser is an individual, the name, address, telephone number and signature of the individual;

(b) if the referendum advertiser is a corporation, the following information:

(i) the name, address and telephone number of the corporation; and

(ii) the name, address, telephone number and signature of an officer who has signing authority for the corporation;

(c) if the referendum advertiser is a group, the following information:

(i) the name, address and telephone number of the group, and

(ii) the name, address, telephone number and signature of the designated representative of the group;

(d) the address and telephone number of the location where the referendum advertiser’s books and records are kept and to which communications may be addressed;

(e) the name, address and telephone number of the referendum advertiser’s chief financial officer;

(f) the name and address of each financial institution at which referendum advertising contributions to the referendum advertiser will be deposited;

(g) the source of referendum advertising contributions received by the referendum advertiser during the six months preceding the application for registration; and

(h) a declaration signed by the referendum advertiser’s chief financial officer accepting his or her appointment.

5(3)An application under subsection (2) shall be on a form provided by the Municipal Electoral Officer.

5(4)If the referendum advertiser is a group, the group shall designate one person to be the designated representative of that group before applying for registration under this section.

5(5)The designated representative shall be responsible for the registration of the group, for appointing a chief financial officer and for ensuring compliance with this Regulation.

5(6)The registration of a referendum advertiser is only valid for the referendum period for which the application is made.

5(7)Despite subsection (6), after polling day,

(a) a referendum advertiser that was registered under this section continues to be subject to the requirement to provide the Municipal Electoral Officer with any other information requested by him or her, and

(b) a chief financial officer shall be subject to the requirement to file referendum financial returns under section 10.

Consideration of application

6(1)On receiving an application under section 5, the Municipal Electoral Officer shall determine if the requirements of section 5 and subsection 8(1) have been met and shall notify the individual who signed the application whether the referendum advertiser’s registration has been accepted.

6(2)If the Municipal Election Officer refuses to register a referendum advertiser, the Municipal Election Officer shall provide the applicant with written reasons for the refusal.

6(3)If the name submitted by a referendum advertiser is likely to be confused with the name or abbreviation of the name of another referendum advertiser, the Municipal Elections Officer may

(a) refuse to register a referendum advertiser under the name submitted and provide reasons to the referendum advertiser for the refusal,

(b) require the referendum advertiser to change the name submitted and provide reasons for the change, or

(c) inform the referendum advertiser that an additional numerical designation is to be added to the name before registering under that name.

Registry of referendum advertisers

7(1)The Municipal Electoral Officer shall maintain a registry of registered referendum advertisers that shall include the information in the applications under subsection 5(2) for each registered referendum advertiser.

7(2)The Municipal Electoral Officer shall maintain the registry for the period of time that he or she considers appropriate.

7(3)The registry shall be available to the public as follows:

(a) for inspection and copying at the office of the Municipal Electoral Officer during its regular office hours; and

(b) on the Elections New Brunswick website.

Chief financial officer

8(1)Before applying to register under section 5, a referendum advertiser shall appoint a chief financial officer.

8(2)A chief financial officer shall be responsible for the following matters:

(a) ensuring that the referendum advertiser complies with the provisions of the Act and regulations;

(b) accepting referendum advertising contributions made to the referendum advertiser;

(c) authorizing all referendum expenses incurred by or on behalf of the referendum advertiser;

(d) maintaining the books, records and other documents of the referendum advertiser; and

(e) filing the referendum financial returns required under section 10.

8(3)If a chief financial officer ceases to hold office before filing a referendum financial return under section 10, the referendum advertiser shall immediately appoint a new chief financial officer and shall notify the Municipal Electoral Officer of his or her name, address and telephone number.

8(4)A chief financial officer may authorize a person to accept referendum advertising contributions or incur referendum expenses, but that authorization does not limit the responsibility of the chief financial officer under subsection (2).

Contributions to referendum advertisers

9(1)A referendum advertiser shall only accept referendum advertising contributions from the following:

(a) an individual who is ordinarily resident in the Province;

(b) a corporation;

(c) a partnership or society having its head or other office or doing business or any part of its business in the Province; and

(d) a trade union.

9(2)No referendum advertiser shall accept a referendum advertising contribution if the referendum advertiser does not know the name and address of the contributor.

9(3)A corporation that makes referendum advertising contributions to a referendum advertiser that are valued at more than $100 shall disclose to the referendum advertiser the name of a signing officer of the corporation or of the officer who authorized the contribution.

9(4)The value of a non-monetary contribution is the fair market value of the property or services at the time the contribution is made.

9(5)All referendum advertising contributions of money accepted by or on behalf of a registered referendum advertiser shall be deposited to a financial institution referred to in paragraph 5(2)(f).

Referendum financial return

10(1)Within 90 days after the date of a referendum, a registered referendum advertiser’s chief financial officer shall file a referendum financial return with the Municipal Electoral Officer.

10(2)A referendum financial return shall contain the following information:

(a) a list of all referendum expenses incurred by the referendum advertiser;

(b) details concerning any referendum advertising to which referendum expenses referred to in paragraph (a) relate, including the time and place of the advertisement;

(c) the total value of referendum advertising contributions received by the referendum advertiser, including the value of the referendum advertising contributions referred to in paragraph 5(2)(g);

(d) the following information with respect to each contributor to the referendum advertiser:

(i) name;

(ii) address;

(iii) the amount or value of the referendum advertising contribution; and

(iv) the nature of the referendum advertising contribution;

(e) the following information with respect to each transfer of referendum advertising contributions from or to another referendum advertiser:

(i) name;

(ii) address;

(iii) the amount or value of the transfer; and

(iv) the nature of the transfer;

(f) the following information with respect to any loan that the referendum advertiser has been granted to finance its referendum advertising:

(i) the amount of the loan;

(ii) the rate of interest on the loan;

(iii) the grantor of the loan;

(iv) any guarantor of the loan;

(v) the term of the loan;

(vi) the repayment terms of the loan; and

(vii) the date on which the funds were disbursed to the referendum advertiser; and

(g) any outstanding liabilities to which the referendum advertiser is subject.

10(3)A referendum financial return shall be on a form provided by the Municipal Electoral Officer.

10(4)A referendum financial return shall include a signed declaration from the referendum advertiser’s chief financial officer stating that the return is complete and accurate.

10(5)If a registered referendum advertiser has not incurred any referendum expenses, this shall be indicated in its referendum financial return.

10(6)If, in the referendum financial return filed under subsection (1), the sum of all referendum expenses incurred exceeds the total value of referendum advertising contributions, the chief financial officer shall file a further return within six months after he or she has filed the initial referendum financial return, which further return shall contain the following information:

(a) the amount by which those expenses continue to exceed referendum advertising contributions; and

(b) if the registered referendum advertiser received referendum advertising contributions after its referendum financial return was filed, the name and address of each contributor and the value of the contributions.

10(7)A chief financial officer shall file a return under subsection (6) within 12 months after he or she last filed a return under that subsection if, when that return was filed, referendum expenses incurred continued to exceed the sum of referendum advertising contributions.

10(8)If, after the referendum financial return is filed under subsection (1), the referendum advertiser has possession of surplus referendum advertising contributions in the form of property, other than money, the chief financial officer shall return the property to the appropriate contributors.

10(9) If, in a referendum financial return filed under subsection (1), the total of referendum advertising contributions of money exceeds the sum of all monetary referendum expenses paid or incurred, the chief financial officer shall, as soon as possible, calculate the prorated amount of the surplus referendum contributions of money of each contributor and

(a) where the prorated amount is more than $5, return to each contributor of money the prorated amount of the surplus referendum contributions of money, or

(b) where the prorated amount is $5 or less,

(i) return to each contributor of money the prorated amount of the surplus referendum contributions of money, or

(ii) remit the amount of the surplus referendum contributions of money, payable to the Minister of Finance and Treasury Board, to the Municipal Electoral Officer.

10(10)The amount remitted to the Municipal Electoral Officer under subparagraph (9)(b)(ii) shall be transferred as soon as possible to the Minister of Finance and Treasury Board to be paid into the Consolidated Fund.

10(11)A referendum advertiser and chief financial officer shall provide the Municipal Electoral Officer with any additional information that the Municipal Electoral Officer may request with respect to a referendum advertiser’s referendum expenses, referendum advertising contributions or any other matter related to its referendum advertising.

10(12)Subject to subsection (13), the Municipal Electoral Officer shall make the information referred to in the referendum financial returns filed under this section available to the public, for the period of time that he or she considers appropriate, in the following manner:

(a) for inspection and copying at the office of the Municipal Electoral Officer during its regular office hours; and

(b) on the Elections New Brunswick website.

10(13)The information referred to in paragraph 10(2)(d) shall only be available to the public with respect to a contributor if the total value of the contributor’s contributions are greater than $100.

2019, c.29, s.137

Offences

11(1)Any person other than a referendum advertiser who pays an amount or incurs a liability or accepts and uses a non-monetary contribution for the purpose of promoting or opposing, directly or indirectly, an answer to a referendum question commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

11(2)A referendum advertiser who violates or fails to comply with subsection 4(1) or (3), subsection 5(1), (4), (5) or (6), subsection 8(1) or (3) or subsection 9(1), (2), (3) or (5) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

11(3)Every chief financial officer who wilfully or through neglect fails to file a referendum financial return with the Municipal Electoral Officer within the time required by subsection 10(1), (6) or (7) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

11(4)Any person who knowingly makes a false statement in any referendum financial return or other document filed with or provided to the Municipal Electoral Officer pursuant to this Regulation commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

11(5)A referendum advertiser, whose chief financial officer with the knowledge of the referendum advertiser commits an offence under subsection (4), commits the same offence.

11(6)If a referendum advertiser is a group, a member of the group commits the same offence under subsection (4) as an offence committed by the referendum advertiser’s chief financial officer, if the chief financial officer commits the offence with the knowledge of the member.

N.B. This Regulation is consolidated to December 20, 2019.

2012-56 - Referendum Financing

Copy to Clipboard