Acts and Regulations

E-3 - Elections Act

Section 117
Disposition versions

Full text
Prohibited electioneering
117(1)No person shall furnish or supply any loud speaker, bunting, ensign, banner, standard or set of colours, or any other flag, to any person with intent that it shall be carried, worn or used on automobiles, trucks or other vehicles, as political propaganda, on the ordinary polling day; and no person shall, with any such intent, carry, wear or use, on automobiles, trucks or other vehicles, any such loud speaker, bunting, ensign, banner, standard or set of colours, or any other flag, on the ordinary polling day.
117(1.1)No person shall on the day of an advance poll or on the ordinary polling day use a loud speaker or any other device to amplify, project or convey a person’s voice or a sound for the purpose of conveying political propaganda that can be heard within thirty metres of the premises in which a polling station is located.
117(2)No person shall furnish or supply any flag, ribbon, label or like favour to or for any person with intent that it be worn or used by any person on premises in which a polling station is located on the day of election or polling day as a party badge to distinguish the wearer as the supporter of any candidate, or of the political or other opinions entertained or supposed to be entertained by such candidate, and no person shall use or wear any flag, ribbon, label or other favour as such badge on the day of election or polling day on premises in which a polling station is located.
117(3)No person shall, on the ordinary polling day or on the day immediately preceding it,
(a) broadcast over any radio or television station,
(i) a speech,
(ii) any entertainment, or
(iii) any advertising program; or
(b) publish or cause to be published in any newspaper, magazine or similar publication,
(i) a speech, or
(ii) any advertising; or
(c) transmit, convey or cause to be transmitted or conveyed by any means to telephones, computers, telecopier machines or any other device capable of receiving unsolicited communications,
(i) a speech,
(ii) any entertainment, or
(iii) any advertising;
in favour of or on behalf of any political party or any candidate, but this subsection shall be deemed not to prohibit a bona fide news broadcast or news publication referring to or commenting upon a speech or containing any excerpts from a speech.
117(4)Any person who uses, aids, abets, counsels or procures the use of,
(a) any radio or television station,
(b) any newspaper, magazine or similar publication, or
(c) any means of transmitting or conveying communications to telephones, computers, telecopier machines or any other device capable of receiving unsolicited communications,
outside New Brunswick on the ordinary polling day or on the day immediately preceding it for the broadcasting, publication, transmission or conveyance of any matter having reference to the election, a candidate or a matter to be voted on at a plebiscite is guilty of an illegal practice.
117(5)Any person who, on the day of an advance poll or on the ordinary polling day, displays or causes to be displayed within 30 metres of a polling station any advertisement, handbill, placard, poster, dodger, billboard, electronic billboard or any other means of display having reference to an election, a candidate or a matter to be voted on at a plebiscite commits an illegal practice.
1967, c.9, s.117; 1974, c.12 (Supp.), s.28; 1980, c.17, s.42; 1985, c.45, s.22; 1997, c.53, s.20; 2006, c.6, s.51; 2010, c.6, s.121
Prohibited electioneering
117(1)No person shall furnish or supply any loud speaker, bunting, ensign, banner, standard or set of colours, or any other flag, to any person with intent that it shall be carried, worn or used on automobiles, trucks or other vehicles, as political propaganda, on the ordinary polling day; and no person shall, with any such intent, carry, wear or use, on automobiles, trucks or other vehicles, any such loud speaker, bunting, ensign, banner, standard or set of colours, or any other flag, on the ordinary polling day.
117(1.1)No person shall on the day of an advance poll or on the ordinary polling day use a loud speaker or any other device to amplify, project or convey a person’s voice or a sound for the purpose of conveying political propaganda that can be heard within thirty metres of the premises in which a polling station is located.
117(2)No person shall furnish or supply any flag, ribbon, label or like favour to or for any person with intent that it be worn or used by any person on premises in which a polling station is located on the day of election or polling day as a party badge to distinguish the wearer as the supporter of any candidate, or of the political or other opinions entertained or supposed to be entertained by such candidate, and no person shall use or wear any flag, ribbon, label or other favour as such badge on the day of election or polling day on premises in which a polling station is located.
117(3)No person shall, on the ordinary polling day or on the day immediately preceding it,
(a) broadcast over any radio or television station,
(i) a speech,
(ii) any entertainment, or
(iii) any advertising program; or
(b) publish or cause to be published in any newspaper, magazine or similar publication,
(i) a speech, or
(ii) any advertising; or
(c) transmit, convey or cause to be transmitted or conveyed by any means to telephones, computers, telecopier machines or any other device capable of receiving unsolicited communications,
(i) a speech,
(ii) any entertainment, or
(iii) any advertising;
in favour of or on behalf of any political party or any candidate, but this subsection shall be deemed not to prohibit a bona fide news broadcast or news publication referring to or commenting upon a speech or containing any excerpts from a speech.
117(4)Any person who uses, aids, abets, counsels or procures the use of,
(a) any radio or television station,
(b) any newspaper, magazine or similar publication, or
(c) any means of transmitting or conveying communications to telephones, computers, telecopier machines or any other device capable of receiving unsolicited communications,
outside New Brunswick on the ordinary polling day or on the day immediately preceding it for the broadcasting, publication, transmission or conveyance of any matter having reference to the election, a candidate or a matter to be voted on at a plebiscite is guilty of an illegal practice.
117(5)Any person who, on the day of an advance poll or on the ordinary polling day, displays or causes to be displayed within 30 metres of a polling station any advertisement, handbill, placard, poster, dodger, billboard, electronic billboard or any other means of display having reference to an election, a candidate or a matter to be voted on at a plebiscite commits an illegal practice.
1967, c.9, s.117; 1974, c.12(Supp.), s.28; 1980, c.17, s.42; 1985, c.45, s.22; 1997, c.53, s.20; 2006, c.6, s.51; 2010, c.6, s.121
Prohibited electioneering
117(1)No person shall furnish or supply any loud speaker, bunting, ensign, banner, standard or set of colours, or any other flag, to any person with intent that it shall be carried, worn or used on automobiles, trucks or other vehicles, as political propaganda, on the ordinary polling day; and no person shall, with any such intent, carry, wear or use, on automobiles, trucks or other vehicles, any such loud speaker, bunting, ensign, banner, standard or set of colours, or any other flag, on the ordinary polling day.
117(1.1)No person shall on the day of an advance poll or on the ordinary polling day use a loud speaker or any other device to amplify, project or convey a person’s voice or a sound for the purpose of conveying political propaganda that can be heard within thirty metres of the premises in which a polling station is located.
117(2)No person shall furnish or supply any flag, ribbon, label or like favour to or for any person with intent that it be worn or used by any person on premises in which a polling station is located on the day of election or polling day as a party badge to distinguish the wearer as the supporter of any candidate, or of the political or other opinions entertained or supposed to be entertained by such candidate, and no person shall use or wear any flag, ribbon, label or other favour as such badge on the day of election or polling day on premises in which a polling station is located.
117(3)No person shall, on the ordinary polling day or on the day immediately preceding it,
(a) broadcast over any radio or television station,
(i) a speech,
(ii) any entertainment, or
(iii) any advertising program; or
(b) publish or cause to be published in any newspaper, magazine or similar publication,
(i) a speech, or
(ii) any advertising; or
(c) transmit, convey or cause to be transmitted or conveyed by any means to telephones, computers, telecopier machines or any other device capable of receiving unsolicited communications,
(i) a speech,
(ii) any entertainment, or
(iii) any advertising;
in favour of or on behalf of any political party or any candidate, but this subsection shall be deemed not to prohibit a bona fide news broadcast or news publication referring to or commenting upon a speech or containing any excerpts from a speech.
117(4)Any person who uses, aids, abets, counsels or procures the use of,
(a) any radio or television station,
(b) any newspaper, magazine or similar publication, or
(c) any means of transmitting or conveying communications to telephones, computers, telecopier machines or any other device capable of receiving unsolicited communications,
outside New Brunswick on the ordinary polling day or on the day immediately preceding it for the broadcasting, publication, transmission or conveyance of any matter having reference to the election, a candidate or a matter to be voted on at a plebiscite is guilty of an illegal practice.
117(5)Any person who, on the day of an advance poll or on the ordinary polling day, displays or causes to be displayed on the premises in which a polling station is located or within thirty metres of the said premises any advertisement, handbill, placard, poster, dodger, billboard, electronic billboard or any other means of display having reference to an election, a candidate or a matter to be voted on at a plebiscite commits an illegal practice.
1967, c.9, s.117; 1974, c.12(Supp.), s.28; 1980, c.17, s.42; 1985, c.45, s.22; 1997, c.53, s.20; 2006, c.6, s.51