1(1)In this Act

1(2)In this Act

1(3)Corporations that are associated with one another under section 256 of the Income Tax Act (Canada), shall be considered as a single corporation for the purposes of this Act.

2(1)The following are not considered contributions under this Act:

2(1.1)The amount referred to in paragraph (1)(e) shall be adjusted on January 1, 2018, and on January 1 of every succeeding year, by multiplying the amount by the ratio that the Consumer Price Index for the 12-month period ending on the 30th day of September before that year bears to the Consumer Price Index for the 12-month period that ended on September 30, 2017.

2(1.2)If an amount calculated under subsection (1.1) is not a multiple of one dollar when adjusted as provided in this section, it shall be rounded to the nearest multiple of one dollar or, if it is equidistant between two consecutive multiples, to the higher multiple.

2(1.3) In this section, the Consumer Price Index for Canada for any 12-month period is the result arrived at by

2(2)Nothing in this Act limits or prohibits a registered political party and any of its registered district associations or official candidates transferring to or accepting from each other funds, other property or services, if each transfer and each acceptance is recorded by the appropriate official representative, official agent or chief agent and disclosed to the Supervisor in accordance with this Act, and these transfers are not considered contributions under this Act.

2(2.1)The following are not considered financing under this Act:

2(2.2)Nothing in this Act limits or prohibits a registered political party and any of its registered district associations or official candidates from providing loans or other credit or guarantees of loans or other credit to each other, if each loan or other credit or guarantee of a loan or other credit is recorded by the appropriate official representative, chief agent or official agent and disclosed to the Supervisor in accordance with this Act, and these loans or other credit or guarantees of loans or other credit are not considered financing under this Act.

2(3)An expense incurred for political purposes by any person shall not be considered as an expenditure under this Act if

9(1)Before entering upon the exercise of the duties of his office, the Supervisor shall take an oath in the form prescribed in Schedule A.

9(2)The Speaker or the Clerk of the Legislative Assembly shall administer the oath referred to in subsection (1).

10(1)The Supervisor may appoint such assistants, legal counsel, auditors and other employees as he considers necessary for the efficient carrying out of his powers and duties under this Act.

10(1.1)The Supervisor shall not appoint any of the following persons as staff under subsection (1):

10(2)Before performing any official duty under this Act, a person appointed under subsection (1) shall take an oath, in the form prescribed in Schedule A.

10(3)The Supervisor shall administer the oath referred to in subsection (2).

11(1)The Supervisor may, in writing under his signature, delegate to any member of his staff any of his powers and duties under this Act except the power to delegate, the power to hold an inquiry or the duty to make a report under this Act.

11(2)A person purporting to exercise any power or duty of the Supervisor by virtue of a delegation under subsection (1) shall produce evidence of his authority to exercise that power when requested to do so.

15(1)Any person may apply to the Supervisor for an inquiry to determine whether any contributions, expenditures or election expenses have been made or financing has been provided in accordance with this Act.

15(2)The Supervisor may refuse to conduct or continue an inquiry when he considers that the application for the inquiry is frivolous, vexatious or made in bad faith or that an inquiry is not necessary in view of the circumstances.

15(3)Whenever he refuses to conduct or to continue an inquiry requested under subsection (1), the Supervisor shall notify the person requesting the inquiry of his refusal and give him the reasons therefor in writing.

18(1)On the application of the Supervisor, a judge of The Court of King’s Bench of New Brunswick may make an order, incorporating such conditions as he considers reasonable and just, authorizing the Supervisor to enter particular premises and examine documents kept therein and referred to in the Order, relating to contributions, financing, expenditures or election expenses, and make copies of such documents.

18(2)Where the Supervisor makes an application under subsection (1), the practice and procedure of The Court of King’s Bench of New Brunswick respecting applications applies.

18(3)Every person demanding access to documents under an order made pursuant to subsection (1) shall, on request, exhibit such order and a writing signed by the Supervisor evidencing his authority to act on behalf of the Supervisor.

18(4)Any person who obstructs the work of a person exercising the powers invested in the person by an order issued pursuant to this section commits an offence.

19(1)The Supervisor and the members of his staff are not liable to prosecution by reason of official acts done in good faith in the performance of their duties.

19(2)No proceedings shall lie against the Supervisor or any member of his staff for anything the Supervisor or the member may do or report or say in the course of the exercise or intended exercise of any of his functions under this Act whether or not the function was within his jurisdiction, unless it is shown he acted in bad faith.

20(1)An Advisory Committee on the financing of the political process is established.

20(2)The Advisory Committee shall consist of the Supervisor and two representatives of each registered political party that had official candidates in at least one-half of all electoral districts at the immediately preceding general election.

21(1)The leader of each registered political party that had official candidates in at least one-half of all electoral districts at the immediately preceding general election shall, within fifteen days after the commencement day of each session of the Legislative Assembly, designate that party’s representatives on the Advisory Committee by a certificate signed by the leader and filed with the Supervisor.

21(2)No member of the Legislative Assembly shall be a member of the Advisory Committee.

21(3)Persons appointed to the Advisory Committee pursuant to subsection (1) shall continue as members until fifteen days following the commencement day of the next ensuing session of the Legislative Assembly.

27(1)The Supervisor shall consult the Advisory Committee periodically with regard to the application of this Act.

27(2)The Supervisor shall consult with the Advisory Committee before issuing any guideline he is authorized to issue under this Act.

30(1)If a registered political party, registered district association or registered independent candidate ceases to be registered under the Elections Act, all assets still held by or on behalf of it or him at the time of the cessation of registration shall be remitted forthwith to the Supervisor.

30(2)All money remitted to the Supervisor pursuant to subsection (1) and all money realized under subsection (3) shall be applied by him, pro rata, to the just debts of the political party, district association or independent candidate that has ceased to be registered and the balance, if any, shall be transferred to the Minister of Finance and Treasury Board to be paid into the Consolidated Fund.

30(3)All property, other than money, remitted to the Supervisor pursuant to subsection (1) shall be converted to money by the Supervisor in any manner that he or she considers appropriate.

30(3.1)Where the assets remitted to the Supervisor includes accounts receivable owed to a formerly registered district association by a registered political party, the Supervisor may retain by way of reduction or set-off the amount of indebtedness out of the annual allowance payable to that registered political party.

30(3.2)Where the assets remitted to the Supervisor includes accounts receivable owed to a formerly registered district association by a person or an association, the Supervisor may commence an action for the recovery of the amount owing.

30(3.3)In any action under subsection (3.2) a certificate signed or purporting to be signed by the Supervisor shall be accepted by all courts

30(4)For the purpose of holding money remitted and realized under this section and for the payment of debts therefrom, the Supervisor may open accounts in chartered banks, trust companies or credit unions having a place of business in the Province and designate in writing at least two persons chosen from among the members of his staff to draw cheques or other orders of payment on those accounts.

32(1)In this section,“qualifying political party” means a registered political party that is entitled to receive an annual allowance.(parti politique admissible)

32(2)Subject to subsection (4), the amount of an annual allowance that is payable for a fiscal year to a qualifying political party shall be determined by using the following formula:

32(3)For the purpose of completing the calculation under subsection (2), the figure arrived at by dividing (C + D x 1.5) by (E + F x 1.5) shall be rounded to the nearest one-thousandth before multiplying that figure by the result of subtracting B from A.

32(4)An amount determined in accordance with subsection (2) shall be rounded to the nearest multiple of one dollar.

32(5)After the amount of an annual allowance that is payable to a qualifying political party for a fiscal year has been determined, no adjustments shall be made to that amount during the fiscal year for which the amount was determined, despite that a general election is held during that fiscal year.

34(1)The annual allowance shall be used by the registered political party to pay the costs of their current administration, to propagate their political programmes and to coordinate the political activities of their members.

34(2)If, during a calendar year, a registered political party fails to incur costs for the uses set out in subsection (1) which are equal to or greater than the amount of the annual allowance paid to it during that calendar year, the difference between that amount and the costs actually incurred by it for those uses during that calendar year shall be remitted to the Minister of Finance and Treasury Board to be paid into the Consolidated Fund.

35(1)Subject to subsection (2), on or before June 15, September 15, December 15 and March 15 of each fiscal year, the Supervisor, by certificate signed by him or her, shall authorize the Minister of Finance and Treasury Board to pay to the official representative of a registered political party entitled to an annual allowance the quarterly instalment of that party’s annual allowance, and the Minister of Finance and Treasury Board shall pay that amount out of the Consolidated Fund.

35(2)If the Supervisor is not satisfied, from the financial return of a registered political party, that its annual allowance is being properly applied, he may withhold any subsequent authorization of payment of instalments of that allowance pending an inquiry into the expenditures of the party.

37(1)Only individuals may make a contribution.

37(2)Only individuals, chartered banks, trust companies, credit unions and other commercial lending institutions may provide financing.

37(3)Contributions may only be made and financing may only be provided to a registered political party, registered district association, registered independent candidate, leadership contestant or nomination contestant.

38(1)An individual may make a contribution only out of his or her own property.

38(2)An individual, chartered bank, trust company, credit union or other commercial lending institution may provide financing only out of his or her or its own property.

38(3) No individual shall solicit or accept services, money or other property from any source

38(4) No chartered bank, trust company, credit union or other commercial lending institution shall solicit or accept services, money or other property from any source

39(1)An individual may, during a calendar year, make a contribution or provide financing under subsection (2) that, taken together, is not in excess of

39(2) An individual may make a contribution or provide financing to

39(3)For the purposes of this section, a contribution may be made or financing may be provided under paragraph (2)(a) either to a registered political party or to a registered district association of that registered political party,

39(4)No individual shall make a contribution or provide financing in violation of subsection (1) or (2).

39(5)A chartered bank, trust company, credit union or other commercial lending institution may provide financing to a registered political party, a registered district association or a registered independent candidate.

39.1(1)Subject to subsection (2), an individual may make a contribution or provide financing to a leadership contestant or a nomination contestant until the date on which the official representative files his or her final financial return under section 62.1.

39.1(2)No individual shall make a contribution or provide financing under subsection (1) that, taken together, is in excess of

39.1(3)Despite subsection (2), on the expiry of the period referred to in subsection (1), no registered leadership contestant or registered nomination contestant shall, without reasonable excuse, have outstanding liabilities incurred for the purposes of the leadership contest or nomination contest if the sum of the liabilities and any contributions the contestant has made to himself or herself exceeds

39.1(4)If the full amount of financing is secured by sureties or guarantors, a chartered bank, trust company, credit union or other commercial lending institution may provide financing to a leadership contestant or a nomination contestant in excess of the following amounts:

39.1(5)Sureties and guarantors referred to in subsection (4) that are individuals shall comply with subsection (2).

41(1)Contributions or financing shall be solicited only under the direction of an official representative by persons authorized in writing by the official representative.

41(2)Every person authorized to solicit contributions or financing by an official representative shall, on request, exhibit a certificate signed by the official representative evidencing his authority.

42.01(1)If an individual waives the right to recover a loan provided under section 39, the principal and interest outstanding on the loan are deemed to be a contribution on the date of the waiver and are subject to the applicable limits under section 39.

42.01(2)A payment made by a surety or guarantor in respect of a loan is deemed to be a contribution and is subject to the applicable limits under section 39.

42.01(3)A payment made by an individual in respect of a loan is deemed to be a contribution and is subject to the applicable limits under section 39.

42.01(4)A contribution under subsection (2) or (3) shall be deemed to have been made on the date when the payment is received by the official representative of the registered political party, registered district association, registered independent candidate, leadership contestant or nomination contestant for whom or for which it is intended or, if the payment is made directly on the loan, on the date of payment.

44(1)Every contribution of money of more than one hundred dollars shall be made by cheque, credit card, debit card or other order of payment drawn by the contributor on a chartered bank, trust company or credit union on an account in the name of the contributor.

44(2)A contribution of money made by cheque, credit card, debit card or other order of payment shall be made payable to the order of the registered political party, registered district association, registered independent candidate, leadership contestant or nomination contestant, as the case may be.

44.1(1)A contribution of money shall be deemed to have been made on the date when the cash, payment by cheque, credit card, debit card or other order of payment is received by the official representative of the registered political party, registered district association, registered independent candidate, leadership contestant or nomination contestant for whom it is intended.

44.1(2)Notwithstanding subsection (1), in the case of a contribution of money delivered by mail, the contribution shall be deemed to have been made on the date of the postmark on the envelope in which it was mailed.

44.1(3)A contribution other than a contribution of money shall be deemed to have been made on the date when the property or service was made available to the registered political party, registered district association, registered independent candidate, leadership contestant or nomination contestant.

44.1(4)A contribution, other than a contribution of money, that continues for more than one day during a year shall be deemed to have been made on the date the property or service was first made available during the year, and, notwithstanding section 46, one receipt showing that date may be issued for the total value of the contribution made during the year.

46(1)Every contribution to a registered political party, registered district association or registered independent candidate shall be acknowledged by a receipt issued to the contributor and signed by the official representative of the party, association or independent candidate for whom the contribution was intended.

46(2)Every receipt shall be in the form prescribed by the Supervisor and shall accurately record the following information:

46(3)A receipt shall not be issued for any purpose except to acknowledge a contribution.

46(4)Subject to subsection (5) and any guidelines issued by the Supervisor, an official representative shall retain signed duplicates of all receipts issued by him.

46(5)When a person resigns or otherwise ceases to hold the position of official representative, he shall forthwith deliver all unissued receipt forms and duplicates of all issued receipts in his possession

46(6)Where unissued receipt forms and duplicates of issued receipts have been delivered to him pursuant to paragraph (5)(b), the Supervisor upon request shall deliver such unissued receipt forms and duplicate receipts to the replacement official representative.

46.1(1)Every contribution to a leadership contestant or nomination contestant shall be acknowledged by a contestant receipt issued to the contributor and signed by the official representative of the contestant for whom the contribution was intended.

46.1(2)Every contestant receipt shall accurately record the following information:

46.1(3)A contestant receipt shall not be issued for any purpose except to acknowledge a contribution.

46.1(4)Subject to subsection (5) and any guidelines issued by the Supervisor, an official representative shall retain signed duplicates of all contestant receipts issued by him or her.

46.1(5)If a person resigns or otherwise ceases to hold the position of official representative, he or she shall immediately deliver all unissued contestant receipts and duplicates of all issued contestant receipts in his or her possession

47(1)A political party, association, candidate, leadership contestant or nomination contestant or its or his or her official representative, if any, that received a benefit of a contribution contrary to this Act shall return or remit an amount equal to the value of that contribution

47(2)The official representative of a registered political party, registered district association, registered independent candidate, leadership contestant or nomination contestant who received an anonymous contribution shall return the value of that anonymous contribution

47(2.1)The surplus, if any, of the contributions less the expenditures reported to the Supervisor by an official representative of a registered leadership contestant or registered nomination contestant shall be distributed, within a time limit prescribed by the Supervisor,

47(3)All amounts paid to the Supervisor pursuant to subsections (1) or (2) shall be remitted to the Minister of Finance and Treasury Board and paid into the Consolidated Fund.

48(1)Every broadcasting undertaking and every publisher of a newspaper, periodical or other printed matter may, free of charge, make broadcasting time on radio or television or advertising space in a newspaper, periodical or other printed matter, available to registered political parties, registered district associations, registered independent candidates, leadership contestants or nomination contestants, if such a service is offered on an equitable basis, qualitatively and quantitatively, to all such parties, district associations, independent candidates, leadership contestants or nomination contestants.

48(2)For the purposes of this Act, free broadcasting time and free advertising space made available in accordance with subsection (1) does not constitute a contribution.

49(1)Expenditures other than election expenses of registered political parties, registered district associations, registered independent candidates, leadership contestants or nomination contestants shall be incurred only under the direction of the official representative by persons authorized by the official representative.

49(2)Every person authorized to make expenditures by an official representative shall, on demand, exhibit a certificate signed by the official representative evidencing his authority.

49(3)Any person authorized by an official representative to make expenditures shall, without delay, submit to the official representative all expenditures incurred by the person in accordance with subsection (1).

49(4)Any person authorized by an official representative to make expenditures who, out of his or her own money or credit, incurs expenditures that are not reimbursed to the person by the official representative shall be deemed to have made a contribution equal in value to the amount of the expenditures.

49(5)A deemed contribution under subsection (4) shall,

49.1(1)A registered leadership contestant or registered nomination contestant shall submit to his or her official representative as soon as possible after the convention all expenditures incurred personally by him or her pursuant to subsection 49(1).

49.1(2)A registered leadership contestant or registered nomination contestant who, using his or her own money or credit, incurs expenditures that are not reimbursed to him or her by his or her official representative shall be deemed to have made a contribution to the official representative of that contestant equal in value to the amount of the expenditures.

49.1(3)All expenditures incurred by a registered leadership contestant or registered nomination contestant and submitted to his or her official representative in accordance with subsection (1) are, for the purposes of this Act, deemed to have been incurred or authorized by the official representative of the registered leadership contestant or registered nomination contestant.

50(1)Expenditures other than election expenses incurred by registered political parties, registered district associations or registered independent candidates for advertising on broadcasting undertakings or in newspapers, periodicals or other printed matter shall be limited so as not to exceed:

50(2)Subsection (1) does not apply to expenditures incurred by registered political parties, registered district associations or registered independent candidates for advertising on broadcasting undertakings or in newspapers, periodicals or other printed matter if such advertising is limited to:

50(3)Subsection (1) does not apply to expenditures incurred by registered political parties, registered district associations or registered independent candidates for

50(4)Each of the maximum amounts referred to in subsection (1) shall be adjusted on January 1, 2018, and on January 1 of every succeeding year, by multiplying the amount by the ratio that the Consumer Price Index for the 12-month period ending on the 30th day of September before that year bears to the Consumer Price Index for the 12-month period that ended on September 30, 2017.

50(5)If an amount calculated under subsection (4) is not a multiple of one dollar when adjusted as provided in this section, it shall be rounded to the nearest multiple of one dollar or, if it is equidistant between two consecutive multiples, to the higher multiple.

50(6) In this section, the Consumer Price Index for Canada for any 12-month period is the result arrived at by

50.1(1)Every printed advertisement, placard, poster, pamphlet, handbill or circular relating to a leadership contest or nomination contest and ordered by an official representative or a person authorized by an official representative shall bear the name and address of its printer and the name of the leadership contestant or nomination contestant on whose behalf it was ordered.

50.1(2)Every advertisement relating to a leadership contest or nomination contest published in a newspaper, periodical or other publication and ordered by an official representative or a person authorized by an official representative shall bear the name of the leadership contestant or nomination contestant on whose behalf it was ordered.

50.1(3)Every broadcast of a sponsored radio or television advertisement relating to a leadership contest or nomination contest and ordered by an official representative shall mention at the beginning or the end of the broadcast the name of the leadership contestant or nomination contestant on whose behalf it was ordered.

50.1(4)Any type of advertisement described in subsection (1), (2) or (3) and not ordered by an official representative or a person authorized by an official representative shall

57(1)The Supervisor shall authorize the reimbursement of a registered political party for its auditing expenses of up to $7,000 actually incurred by it in a calendar year for the purposes of complying with sections 51 to 56.

57(1.1)The amount referred to in subsection (1) shall be adjusted on January 1, 2018, and on January 1 of every succeeding year, by multiplying the amount by the ratio that the Consumer Price Index for the 12-month period ending on the 30th day of September before that year bears to the Consumer Price Index for the 12-month period that ended on September 30, 2017.

57(1.2)If an amount calculated under subsection (1.1) is not a multiple of one dollar when adjusted as provided in this section, it shall be rounded to the nearest multiple of one dollar or, if it is equidistant between two consecutive multiples, to the higher multiple.

57(1.3) In this section, the Consumer Price Index for Canada for any 12-month period is the result arrived at by

57(2)The reimbursement provided for in subsection (1) shall be paid out of the Consolidated Fund by the Minister of Finance and Treasury Board to the official representative of the party on receipt of a certificate signed by the Supervisor authorizing such payment.

57(3)The reimbursement provided for in subsection (1) shall be paid not earlier than April 1 in each year for the auditing expenses incurred in the preceding calendar year.

58(1)The official representative of every registered political party shall, on a form provided by the Supervisor, submit a financial return to the Supervisor that is prepared in accordance with guidelines issued by the Supervisor, contains the information that the Supervisor considers necessary for the period covered by the return and is accompanied by the financial documents required by the Supervisor.

59(1)For each calendar year, the official representative of a registered political party shall submit two financial returns to the Supervisor

59(2)The financial return of a registered political party submitted to the Supervisor under paragraph (1)(b) shall be accompanied by the auditor’s report referred to in section 55.

60(1)Not later than March 31 in each year, the official representative of each registered district association shall, on a form provided by the Supervisor, submit a financial return to the Supervisor for the preceding calendar year.

60(2)The financial return shall be prepared in accordance with the guidelines issued by the Supervisor, contain the information that the Supervisor considers necessary for the period covered by the return and be accompanied by the financial documents required by the Supervisor.

62(1)Not later than March 31 in each year, the official representative of a registered independent candidate shall, on a form provided by the Supervisor, submit a financial return to the Supervisor for the preceding calendar year.

62(2)The financial return shall be prepared in accordance with the guidelines issued by the Supervisor, contain the information that the Supervisor considers necessary for the period covered by the return and be accompanied by the financial documents required by the Supervisor, except that no registered independent candidate shall be required to set out his or her personal income.

62.1(1)The official representative of a registered leadership contestant or registered nomination contestant shall submit to the Supervisor a financial return within the period referred to below covering the period beginning when that contestant’s first expenditure was made, first contribution was received or first financing was provided, whichever occurs first, and ending when the financial return is submitted:

62.1(2)A financial return submitted by the official representative of a registered leadership contestant or registered nomination contestant shall

62.1(3)If any liabilities or any surplus are shown to be outstanding on a financial return submitted under subsection (1), the official representative of a registered leadership contestant or registered nomination contestant shall submit a supplementary financial return within six months after the submission of the initial financial return and every six months after that until the liabilities have been repaid or the surplus has been distributed, to a maximum of 18 months.

63(1) Financial returns and financial documents submitted to the Supervisor shall, not later than 30 days after receipt of them, be available for inspection and copying at the offices of the Supervisor during ordinary office hours.

63(1.1)Financial returns and any financial documents the Supervisor considers appropriate to make available to the public on the Elections New Brunswick website shall be available on the website not later than 30 days after receipt of them.

63(2)Subsections (1) and (1.1) do not apply to the details of contributions received from contributors who are individuals who each make contributions totalling $100 or less, including the amount or value of each contribution and whether the contribution is one of money or otherwise, the name and full address of the contributor, the total amount of a contributor’s contributions and any receipts issued for the contributions.

63(4)At the expiration of six years from the date of submitting financial documents, the financial documents may be returned to the registered political party, registered district association or registered independent candidate who submitted them, or a person designated by the political party, district association or candidate.

64.1(1)The Supervisor may require that any form or document required to be filed with the Supervisor under this Act be submitted in an electronic format that has been approved by the Supervisor, using the technology put in place by the Supervisor.

64.1(2)If the Supervisor requires a form to be submitted in an electronic format, any requirement in this Act that the truth of the information provided be certified is satisfied if the form is accompanied by a statement to that effect that is signed in accordance with the Electronic Transactions Act by the person so certifying.

64.1(3)If the Supervisor requires a document to be submitted in an electronic format, any requirement in this Act for filing a certified copy of the document is satisfied if the document is accompanied by a statement to that effect that is signed in accordance with the Electronic Transactions Act by the person so certifying.

67(1)In this Act “election expenses” means all expenditures incurred during an election period for the purpose of promoting or opposing directly or indirectly, the election of a candidate or that of the candidates of a party, including every person who subsequently becomes or who is likely to become a candidate, and includes all expenditures incurred before an election period for literature, objects or materials of an advertising nature used during the election period for such purposes.

67(2)Notwithstanding subsection (1), “election expenses” does not include:

67(3)For the purpose of paragraph (2)(g), the principal permanent office of a registered political party is the principal office where, in order to ensure dissemination of the political programme of such party and to coordinate the political activity of its members, employees of the party or of a body associated therewith work on a permanent basis outside the election period, for the attainment of its objects.

67(4)All costs incurred in relation to holding a convention for the selection of a candidate for an electoral district during a general election or a by-election in that district other than

67(5)Election expenses may be incurred only in accordance with this Act and only by or on behalf of registered political parties or candidates.

69(1)Every candidate at an election shall have an official agent.

69(2)Notwithstanding subsection (1) but subject to subsection (6), the electoral district agent, if any, of a registered political party for a particular electoral district shall be the official agent of the official candidate of that party in that district.

69(3)Any candidate, including the official candidate of a registered political party, who does not have an official agent registered with the Chief Electoral Officer on the date his nomination paper is filed shall, within three days of that date, appoint an official agent by a writing signed by him and filed with the Chief Electoral Officer.

69(4)Notwithstanding the Elections Act, if the chief agent of a registered political party or the official agent of a candidate dies, resigns or becomes unable to act during an election period the leader of the party or the candidate as the case may be, shall forthwith appoint a new chief agent or official agent by a writing signed by such leader or candidate, as the case may be, and filed with the Chief Electoral Officer.

69(5)Notwithstanding the Elections Act, the leader of a registered political party may, during an election period, dismiss the chief agent of his party and appoint another by a writing signed by him and filed with the Chief Electoral Officer.

69(6)Notwithstanding the Elections Act, a candidate may, during an election period, dismiss his official agent and appoint another by a writing signed by him and filed with the Chief Electoral Officer.

69(7)The chief agent or official agent of a candidate appointed pursuant to subsections (3), (4), (5) or (6) shall be registered by the Chief Electoral Officer.

69(8)Subsection 137(8) of the Elections Act applies, mutatis mutandis, to a chief agent or the official agent of a candidate to be appointed under this section.

70(1)Except as provided by this Act during an election, no person other than the chief agent of a registered political party or the official agent of an official candidate of a registered political party or of a registered independent candidate shall authorize election expenses for such party or candidate, and no election expenses shall be incurred except by a chief or official agent or a person authorized by such agent.

70(2)No person during an election period shall accept or execute an order for election expenses in excess of one hundred dollars if such order is not given or authorized by a chief agent or official agent or in that agent’s name by the designated publicity agency of the party or candidate.

70(3)If a person, authorized by a chief agent or an official agent to incur election expenses, incurs election expenses using his or her own money or credit, the person shall submit to the chief agent or official agent, as the case may be, not later than 20 days after polling day a detailed statement of all election expenses incurred by the person.

70(4)If a person incurs election expenses under subsection (3) and the election expenses are not reimbursed to the person by the chief agent or official agent, as the case may be, the person shall be deemed to have made a contribution equal in value to the amount of the election expenses.

70(5)A deemed contribution under subsection (4) shall,

71(1)A candidate may personally incur expenses which constitute election expenses up to a total of two thousand dollars during the election period.

71(2)A candidate shall submit to his official agent not later than twenty days after polling day a detailed statement of all election expenses incurred by him pursuant to subsection (1).

71(2.1)A candidate who, out of his or her own money or credit, incurs election expenses under subsection (1) that are not reimbursed to the candidate by his or her official agent shall be deemed to have made a contribution equal in value to the amount of the expenses.

71(2.2)A deemed contribution under subsection (2.1) shall be deemed to have been made

71(2.3)No person shall, by virtue of paragraph (2.2)(c), be deemed to have contravened subsection 37(2) or section 42.

71(3)All election expenses incurred by a candidate in accordance with subsection (1) and reported to his official agent in accordance with subsection (2) are, for the purposes of this Act, deemed to have been incurred or authorized by the official agent of that candidate.

72(1)No person shall claim or receive for election expenses a price in excess of his regular price for similar work, merchandise or services outside the election period.

72(2)Subject to sections 2 and 48, any person who accepts for election expenses a price less than his regular price for similar work, merchandise or services outside the election period is deemed to have made a contribution equal in value to the difference between his regular price and the price accepted.

72(3)A deemed contribution under subsection (2) shall,

72(4)No person shall, by virtue of paragraph (3)(d), be deemed to have contravened subsection 37(2) or section 42.

73(1)Every printed advertisement, placard, poster, pamphlet, handbill or circular relating to an election and ordered by a chief agent or an official agent or a person authorized by a chief agent or official agent shall bear the name and address of its printer and the name of the registered political party or the candidate on whose behalf it was ordered.

73(2)Every advertisement relating to an election published in a newspaper, periodical or other publication and ordered by a chief agent or an official agent or a person authorized by a chief agent or official agent shall bear the name of the registered political party or candidate on whose behalf it was ordered.

73(3)Every broadcast of a sponsored radio or television advertisement relating to an election and ordered by a chief agent or official agent shall mention the name of the registered political party or candidate on whose behalf it was ordered, at the beginning or the end of the broadcast.

73(4)Any type of advertisement described in subsection (1), (2) or (3) and not ordered by a chief agent or an official agent or person authorized by a chief or official agent shall

74(1)A chief agent and an official agent may each designate a publicity agency for his party or candidate by a writing signed by him and filed with the office of the Supervisor setting out the name and address of the agency.

74(2)Election expenses on behalf of a registered political party or a candidate may be incurred or authorized by the designated publicity agency of the party or candidate.

74(3)The designated publicity agency of a registered political party or a candidate may be dismissed or replaced at any time by a writing signed by the chief agent or official agent, as the case may be, and filed with the office of the Supervisor.

74(4)All election expenses incurred or authorized by a designated publicity agency shall be deemed to be incurred or authorized by the chief agent of the party or official agent of the candidate who designated the agency.

74(5)If a designated publicity agency incurs or authorizes election expenses in accordance with this section, the designated publicity agency shall submit to the chief agent or official agent, as the case may be, not later than 20 days after polling day a detailed statement of all election expenses it incurred or authorized.

74(6)A designated publicity agency that, using its own money or credit, incurs election expenses that are not reimbursed to the agency by the chief agent or official agent, as the case may be, shall be deemed to have made a contribution equal in value to the amount of the expenses.

74(7)A deemed contribution under subsection (6) shall,

75(1)Any payment for election expenses in excess of one hundred dollars shall be evidenced by an itemized invoice.

75(2)An itemized invoice shall provide all the particulars required for auditing each item of work, service of material for which the expense was incurred and the rate or unit price used for computing the amount of the invoice.

76(1)Every person to whom an amount is due for election expenses shall present his claim to the chief agent or official agent responsible therefore not later than forty-five days following polling day or otherwise such person shall forfeit the right to recover his claim.

76(2)If the chief agent or official agent has died and has not been replaced, the claim shall be forwarded within forty-five days following polling day to the leader of the registered political party or to the candidate himself, as the case may be.

77(1)Election expenses of a registered political party shall be limited so as not to exceed:

77(2)Election expenses of a candidate shall be limited so as not to exceed:

77(3)Notwithstanding subsection (2), in no case shall the election expenses of any candidate be limited to an amount less than eleven thousand dollars or exceed twenty-two thousand dollars.

77.1(1)The monetary amounts set out in section 77 shall be adjusted on January 1, 1988, and on January 1 in every succeeding year, by multiplying each of the amounts by the ratio that the Consumer Price Index for the twelve month period that ended on the thirtieth day of September before that year bears to the Consumer Price Index for the twelve month period that ended on the 30th day of September, 1986.

77.1(2)When an amount calculated under subsection (1) is not a multiple of one cent, it shall be rounded to the nearest multiple of one cent or, if it is equidistant from two such multiples, to the higher thereof.

77.1(3)For the purpose of this section, the Consumer Price Index for any twelve month period is the result arrived at by

78(1)If a candidate is declared elected in an election under the Elections Act or has obtained, according to the final addition of the votes cast at the election, 15% or more of the valid votes cast in the electoral district in which the person was a candidate, an election expenses reimbursement shall, subject to section 79, be payable as follows:

78(2)The election expenses reimbursement to be paid under subsection (1) shall be an amount equal to the lesser of

79(1)All election expenses reimbursements shall be paid by the Minister of Finance and Treasury Board out of the Consolidated Fund upon receipt of a certificate signed by the Supervisor authorizing payment and setting out the amount of the reimbursement and the name and address of the person to whom payment is to be made in compliance with this Act.

79(2)The Supervisor shall not issue a certificate to the Minister of Finance and Treasury Board authorizing the payment of an election expenses reimbursement until the official agent of a candidate has submitted a statement of election expenses for the candidate in accordance with section 81.

80(1)Immediately after the preliminary lists of electors are prepared for an electoral district, the Chief Electoral Officer shall prepare a statement setting out the total number of electors entered on the lists for that electoral district and shall provide a copy of the statement to the official agent of each candidate in the electoral district.

80(2)For the purposes of sections 77 and 78, the number of electors in an electoral district shall be deemed to be the number set out in a statement prepared in accordance with subsection (1).

80(3)During a general election, the Chief Electoral Officer shall determine the total number of electors entered on preliminary lists of electors in the Province from the statements prepared in accordance with subsection (1) and shall prepare a certificate of that number, which he or she shall publish in The Royal Gazette after copies of it have been filed with the chief agent of each registered political party.

81(1)Within 60 days following the date fixed by the Elections Act for the return of the writ, the official agent of each candidate in an election shall, on a form provided by the Supervisor, submit to the Supervisor a sworn statement of the election expenses of that candidate and all claims for election expenses of the candidate contested by the official agent together with any financial documents that may be required by the Supervisor.

81(2)Within ninety days of receiving the statement described in subsection (1), the Supervisor shall publish, in a form to be prescribed by him, a summary of each statement in The Royal Gazette.

81(3)The Supervisor shall keep all of the statements and financial documents submitted to the Supervisor in accordance with subsection (1) and during ordinary office hours shall permit any person to examine and make copies of them.

81(4)At the expiration of six years from the date of submitting financial documents, the financial documents may be returned to the candidate on behalf of whom they were submitted, or a person designated by the candidate.

82(1)Within 120 days following the date fixed for the return of the writs, each chief agent of a registered political party shall, on a form provided by the Supervisor, submit to the Supervisor a sworn statement of the election expenses of the party and all claims for election expenses of the party contested by the chief agent together with any financial documents that may be required by the Supervisor.

82(2)Within ninety days after receiving the statement described in subsection (1), the Supervisor shall publish, in a form to be prescribed by him, a summary of such statements in The Royal Gazette.

82(3)The Supervisor shall keep all of the statements and financial documents submitted to the Supervisor in accordance with subsection (1) and shall permit any person to examine and make copies of them during ordinary office hours.

82(4)At the expiration of six years from the date of submitting financial documents, the financial documents may be returned to the registered political party on behalf of which they were submitted, or a person designated by it.

83(1)If a statement submitted to the Supervisor in accordance with section 81 or 82 contains any error, including an error of omission, the candidate or party leader, as the case may be, may apply for and obtain permission from a judge of The Court of King’s Bench of New Brunswick to rectify such error on establishing that it was made through inadvertence.

83(2)If on the application of a candidate or a leader of a registered political party it is established before a judge of The Court of King’s Bench of New Brunswick that the unavoidable absence, death, illness or misconduct of an official agent or chief agent or any other reasonable cause prevents the preparation or submission of the statement or other documents prescribed by section 81 or 82, such judge may make any order he considers necessary and proper to enable the applicant to obtain all the information and financial documents necessary to prepare the statement and grant by order such further time for the submission of the statement as the circumstances, in his opinion, may require.

83(3)A person who fails to comply with an order made under subsection (2) commits an offence.

83(4)Any statement of election expenses rectified or submitted in accordance with a judicial order granted pursuant to this section shall be deemed to be submitted in accordance with section 81 or 82, as the case may be.

83(5)Upon any application to a judge of The Court of King’s Bench of New Brunswick under this section, the practice and procedure of The Court of King’s Bench of New Brunswick respecting applications shall apply and notice of any such application shall be served on the Supervisor and each of the other candidates in the electoral district, or, in the case of a party leader, on each of the other leaders of the registered political parties, at least three clear days prior to the hearing.

84.15(1)For election advertising transmitted during the campaign period for a general election, a third party shall not incur election advertising expenses that in total exceed the product of the following:

84.15(2)Not more than 10% of the total amount of allowable election advertising expenses calculated in accordance with subsection (1) shall be incurred for election advertising that relates to a single electoral district.

84.15(3)For the purposes of subsection (2), election advertising relates to a single electoral district if

84.15(4)For election advertising transmitted during the campaign period for a by-election, a third party shall not incur expenses for election advertising that relates to a single electoral district that in total exceed the amount calculated in accordance with subsection (2) for the most recently held general election.

84.2(1)A third party shall identify itself in any election advertising that it places and shall indicate that it has authorized the advertising.

84.2(2)The identifying information required under subsection (1) shall include the following information:

84.2(3)No third party shall transmit to the public any election advertising that may lead the public to believe that the advertising originates with a registered political party, a registered district association or a candidate.

84.2(4)Section 117 of the Elections Act applies with the necessary modifications to election advertising by a third party.

84.3(1)A third party shall register in accordance with this section immediately after incurring election advertising expenses that exceed $500 in total.

84.3(2)A third party may register in accordance with this section before incurring election advertising expenses that exceed $500 in total.

84.3(3)An application for registration shall be sent to the Supervisor and shall include the following information and documents:

84.3(4)An application under subsection (3) shall be on a form provided by the Supervisor.

84.3(5)A declaration under paragraph (3)(i) shall be signed by the individual or officer referred to in paragraph (3)(a) or subparagraph (3)(b)(ii) or (c)(ii), as the case may be.

84.3(6)The registration of a third party is only valid for the campaign period for which the application is made.

84.3(7)Despite subsection (6), after polling day, a third party that was registered under this section continues to be subject to the requirements to file reports under section 84.6 and to provide the Supervisor with any other information requested by him or her.

84.35(1)Before applying to register under section 84.3, a third party shall appoint a chief financial officer.

84.35(2)The following persons are not eligible to be the chief financial officer of a third party:

84.35(3)If a chief financial officer ceases to hold office, the third party shall immediately appoint a new chief financial officer and shall notify the Supervisor of his or her name, address and telephone number.

84.35(4)A chief financial officer shall be responsible for the following matters:

84.35(5)A chief financial officer may authorize a person to accept election advertising contributions or incur election advertising expenses, but that authorization does not limit the responsibility of the chief financial officer under subsection (4).

84.4(1)On receiving an application under section 84.3, the Supervisor shall determine if the requirements of subsections 84.3(1) to (5) and 84.35(1) have been met and shall notify the individual who signed the application whether the third party’s registration has been accepted.

84.4(2)The Supervisor may refuse to register a third party under a name if the Supervisor is of the opinion that the name or an abbreviation of that name is likely to be confused with the name or an abbreviation of the name of a registered political party, a registered district association or a candidate.

84.4(3)The Supervisor shall refuse to register the following as third parties:

84.4(4)If the Supervisor refuses to register a third party, the Supervisor shall provide reasons to the third party for the refusal.

84.5(1)A third party shall only accept election advertising contributions from the following:

84.5(2)No third party shall accept an election advertising contribution from or on behalf of a registered political party, a registered district association, a candidate or a member of the Legislative Assembly.

84.5(3)No third party shall accept an election advertising contribution if the third party does not know the name and address of the contributor.

84.5(4)A corporation that makes an election advertising contribution to a third party that is valued at more than $100 shall disclose to the third party the name of a signing officer of the corporation or of the officer who authorized the contribution.

84.5(5)All election advertising contributions of money accepted by or on behalf of a registered third party shall be deposited to a financial institution referred to in paragraph 84.3(3)(f).

84.6(1)Within 90 days after polling day, a registered third party shall file an advertising expenditure report with the Supervisor.

84.6(2)An advertising expenditure report shall contain the following information:

84.6(3)An advertising expenditure report shall be on a form provided by the Supervisor.

84.6(4)An advertising expenditure report shall include a signed declaration from the following individuals stating that the report is complete and accurate:

84.6(5)If a registered third party has not incurred any election advertising expenses, this shall be indicated in its advertising expenditure report.

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

84.6(7)If a registered third party’s election advertising expenses exceed the sum of its election advertising contributions and the amount of any of its own funds it has used to finance its election advertising, the third party shall file a further report within 6 months after it has filed its advertising expenditure report, which further report shall contain the following information:

84.6(8)A registered third party shall file a report under subsection (7) within 12 months after it last filed a report under that subsection if, when that report was filed, its election advertising expenses continued to exceed the sum of its election advertising contributions and any amounts that it paid out of its own funds to finance its election advertising.

84.8(1)No third party shall circumvent or attempt to circumvent a limit set out in section 84.15 or the registration requirement set out in subsection 84.3(1) in any manner, including either of the following manners:

84.8(2)No third party shall collude with a registered political party, a registered district association or a candidate to circumvent or attempt to circumvent the provisions of this Act.

84.8(3)No registered political party, registered district association or candidate shall collude with a third party to circumvent or attempt to circumvent the provisions of this Act.

84.9(1)The Supervisor shall maintain a registry of registered third parties.

84.9(2)The Supervisor shall maintain the registry for the period of time that he or she considers appropriate.

84.9(3)The registry shall include the information referred to in subsection 84.3(3) for each registered third party.

84.9(4)Subject to subsection (5), the registry and the reports filed with the Supervisor under section 84.6 shall be available to the public as follows:

84.9(5)The information referred to in paragraph 84.6(2)(d) shall only be available to the public with respect to a contributor if the total value of its contributions are greater than $100.

85(1)A person commits an offence who

85(2)A candidate, whose official agent with the knowledge of the candidate commits an offence under subsection (1), also commits such offence.

85(3)The election of any candidate who has been convicted of an offence under subsection (1) or (2) is null and void, and his seat shall be vacated from the time of such conviction.

85(4)A third party as defined in section 84.1, whose chief financial officer with the knowledge of the third party commits an offence under subsection (1), commits the same offence.

85(5)If a third party as defined in section 84.1 is a group, a member of the group commits the same offence under subsection (1) as an offence committed by the third party’s chief financial officer, if the chief financial officer commits the offence with the knowledge of the member.

88(1)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule B commits an offence.

88(2)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule B is punishable as an offence of the category listed beside it in Column II of Schedule B.

88.1(1)Every official representative who wilfully or through neglect fails to file a financial return with the Supervisor within the time required by section 59, 60, 62 or 62.1 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category C offence.

88.1(2)Notwithstanding subsection (1) the Supervisor may, either before or after the institution of proceedings against an official representative for failure to file a financial return as required by section 59, 60, 62 or 62.1, accept from the official representative alleged to have been guilty of such offence the payment of a sum equal to fifty dollars for each day the official representative is in default of filing such financial return.

88.1(2.1)A chief financial officer who wilfully or through neglect fails to file a report under section 84.6 within the time required by subsection 84.6(1), (7) or (8) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category H offence.

88.1(2.2)Despite subsection (2.1), the Supervisor may, either before or after the institution of proceedings against a chief financial officer for failure to file a report as required by section 84.6, accept from the chief financial officer alleged to have been guilty of the offence the payment of a sum equal to $50 for each day the chief financial officer is in default of filing the report.

88.1(3)For the purposes of this section a financial return or a report that is forwarded to the Supervisor by registered mail shall be deemed to have been filed with the Supervisor on the date of the postmark on the envelope in which it was mailed.

88.1(4)All money paid to the Supervisor pursuant to subsection (2) or (2.2) shall be remitted by him to the Minister of Finance and Treasury Board and paid into the Consolidated Fund.

90(1)No prosecution shall be instituted under this Act without the consent of the Attorney-General.

90(3)Subject to subsection (3.1), every prosecution for an offence against this Act, shall

90(3.1)If an offence is alleged to have been committed on or after July 1, 2017, a prosecution under this Act shall

90(4)Despite subsections (3) and (3.1), when a prosecution is prevented by the withdrawal of or absconding of the defendant out of the jurisdiction of the court, the prosecution may be commenced within one year after his return.

91(1)Where a chief agent or official agent contests or fails to pay any claim for election expenses allegedly incurred by him or by a person authorized by him, the claim shall be deemed to be a contested claim and the claimant may, in accordance with subsection (3), bring an action to recover the claim.

91(2)Where an official representative of a registered political party, registered district association, registered independent candidate, leadership contestant or nomination contestant contests any claim for expenditures other than election expenses allegedly incurred by him or by a person authorized by him the claim shall be deemed to be a contested claim and the claimant may, in accordance with subsection (3), bring an action to recover the claim.

91(3)An action in respect of a contested claim may be brought in any court of competent jurisdiction and

91(4)Any property that is within the control of, or from time to time comes within the control of, a registered political party or, by virtue of his office, the chief agent or official representative of that party shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of a chief agent or official representative of that party.

91(5)Any property that is within the control of, or from time to time comes within the control of, a registered district association or, by virtue of his office, the official representative of that association shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official representative of that association or in the name of an official agent of an official candidate in the electoral district of the registered political party associated with that association.

91(6)Any property that by virtue of his office is within the control of, or from time to time comes within the control of, the official representative of a registered independent candidate shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official representative of that candidate.

91(6.1)Any property that by virtue of his or her office is within the control of, or from time to time comes within the control of, the official representative of a leadership contestant or nomination contestant shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official representative of that contestant.

91(7)Any property that by virtue of his office is within the control of, or from time to time comes within the control of the official agent of a candidate shall be deemed to be available to satisfy a judgment in favour of a claimant who brings an action under subsection (3) in the name of an official agent of that candidate.

92(1)Notwithstanding section 21, the leader of each registered political party that had official candidates in at least one-half of all electoral districts at the general election immediately preceding the date of the commencement of this section shall, within thirty days after the date of the commencement of this section, designate that party’s representatives on the Advisory Committee by a certificate signed by the leader and filed with the Supervisor.

92(2)Persons appointed to the Advisory Committee pursuant to subsection (1) shall continue as members until fifteen days following the commencement day of the next ensuing session of the Legislative Assembly after the date of the commencement of this section.