2018-c.12 Government Advertising Act N.B.

Current to 2024-06-27

Contents
s. 1 — Definitions

The following definitions apply in this Act.

s. 1 — candidate

“candidate” means a candidate as defined in the Elections Act.(candidat)

s. 1 — government-advertisement

“government advertisement” means advertising material that, in return for the payment of public money, is published by a private sector supplier on behalf of a government body.(publicité gouvernementale)

s. 1 — government-body

“government body” means any portion of the Public Service as defined in the Public Service Labour Relations Act.(organisme gouvernemental)

s. 1 — leadership-contestant

“leadership contestant” means a leadership contestant as defined in the Elections Act.(candidat à la direction)

s. 1 — public-money

“public money” means public money as defined in the Financial Administration Act.(fonds publics)

s. 1 — publish

“publish” means to make public by or through the medium of television, radio or print, including to distribute or to display printed matter.(publier)

s. 1 — registered-political-party

“registered political party” means a registered political party as defined in the Elections Act.(parti politique enregistré)

s. 2 — Application
s. 2(1) — Application

Subject to subsection (2), this Act applies to all government bodies.

s. 2(2) — Application

This Act or any provision of it does not apply to a government body or class of government bodies exempted from the application of this Act by the regulations.

s. 2(3) — Application

A government body exempted from the application of this Act or any provision of it shall comply with any terms or conditions prescribed by regulation.

s. 2(4) — Application

For greater certainty, this Act or any provision of it does not apply to material made public by or through the medium of the Internet.

s. 3 — Government advertisement

A government advertisement may be published for the following public purposes:

s. 3(a) — Government advertisement

(a) to inform the public concerning

s. 3(a)(i) — Government advertisement

(i) matters of public health or safety,

s. 3(a)(ii) — Government advertisement

(ii) matters before the Legislative Assembly,

s. 3(a)(iii) — Government advertisement

(iii) existing, new or proposed government programs, plans, services or policies,

s. 3(a)(iv) — Government advertisement

(iv) goals, objectives, anticipated outcomes, results of or the rationale for a program, plan, service or policy referred to in subparagraph (iii),

s. 3(a)(v) — Government advertisement

(v) rights and responsibilities under the law,

s. 3(a)(vi) — Government advertisement

(vi) provincial relations with the government of another jurisdiction;

s. 3(b) — Government advertisement

(b) to solicit proposals or tenders for contracts or applications for employment with a government body;

s. 3(c) — Government advertisement

(c) to encourage or discourage specific social behaviour in the public interest;

s. 3(d) — Government advertisement

(d) to promote residence, employment, investment, study or tourism in the Province or any part of the Province;

s. 3(e) — Government advertisement

(e) to promote economic development in any sector of the economy of the Province, or to inform the public of government plans to support economic development;

s. 3(f) — Government advertisement

(f) to fulfil any purpose required by law; or

s. 3(g) — Government advertisement

(g) any other public purpose prescribed by regulation.

s. 4 — Standards

A government body shall ensure that a government advertisement

s. 4(a) — Standards

(a) contains factual information,

s. 4(b) — Standards

(b) is published for a public purpose as set out in section 3,

s. 4(c) — Standards

(c) includes a statement that it is funded in whole or in part by public money,

s. 4(d) — Standards

(d) does not include the name or logo of a registered political party,

s. 4(e) — Standards

(e) does not promote or oppose a registered political party, a member of the Legislative Assembly, a candidate or a leadership contestant,

s. 4(f) — Standards

(f) in the case of a televised government advertisement, does not include the name, voice or image of a member of the Executive Council or of a member of the Legislative Assembly, and

s. 4(g) — Standards

(g) meets any additional requirements prescribed by regulation.

s. 5 — Administration

A member of the Executive Council designated by the Lieutenant-Governor in Council shall be responsible for the administration of this Act and may designate one or more persons to act on his or her behalf.

s. 6 — Regulations

The Lieutenant-Governor in Council may make regulations

s. 6(a) — Regulations

(a) exempting government bodies or classes of government bodies for the purposes of subsection 2(2);

s. 6(b) — Regulations

(b) prescribing terms or conditions for the purposes of subsection 2(3);

s. 6(c) — Regulations

(c) prescribing public purposes for the purposes of paragraph 3(g);

s. 6(d) — Regulations

(d) prescribing additional requirements for the purposes of paragraph 4(g);

s. 6(e) — Regulations

(e) defining words or expressions used, but not defined, in this Act;

s. 6(f) — Regulations

(f) respecting any other matter that may be necessary for the proper administration of this Act.

s. 7 — Commencement