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Statutes of Newfoundland 1993


CHAPTER 6

CHAPTER 6

AN ACT TO AMEND THE ELECTION ACT AND THE PUBLIC SERVICE COLLECTIVE
BARGAINING ACT

(Assented to April 5, 1993)

Analysis

ELECTION ACT

1. S.2 Amdt.
Definitions

2. S.46 Amdt.
Nomination

3. Ss. Added
46.1 Party's endorsement
46.2 Political affiliation

4. S.54 Amdt.
Notice of the poll

5. S.62 Amdt.
Ballot papers and their form

6. Ss. Added
176. Campaign advertising
177. Rates for advertising

7. Forms valid

PUBLIC SERVICE
COLLECTIVE BARGAINING ACT

8. S.2(1)(i)(xi.1) Added
Interpretation

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

ELECTION ACT


RSN1990 cE-3

1. Section 2 of the Election Act is amended by adding immediately after paragraph (t) the following:

(t.1) "political party" means a political party which would be considered a registered political party under section 281 of the Elections Act, 1991 on the coming into force of that Act or which would, on the coming into force of that Act, be considered by the Chief Electoral Officer to be qualified for registration under section 278;

2. (1) Paragraphs 46(1)(b) and (c) of the Act are repealed.

(2) Section 46 of the Act is further amended by adding immediately after subsection (5) the following:

(6) Where a candidate has the endorsement of a political party and wishes to have the name of the party shown in the election documents relating to him or her, an instrument in writing, signed by the leader of the party and stating that the candidate is endorsed by the party shall be filed with the returning officer at the time the nomination paper is filed.

(7) Where an instrument referred to in subsection (6) is not filed and the candidate does not wish to be described in the election documents relating to him or her by the word "non-affiliated", a request in writing signed by the candidate and asking that the word "non-affiliated" be omitted from the description in the election documents shall be filed with the returning officer at the time the nomination paper is filed.

3. The Act is further amended by adding immediately after section 46 the following:

Party's endorsement

46.1 (1) A political party may, with respect to an election, give its endorsement to only 1 candidate in each electoral district.

(2) Where a candidate who has been given the endorsement of a political party dies or withdraws, the party may give its endorsement to another candidate in that electoral district.

Political affiliation

46.2 (1) Where an instrument is filed in accordance with subsection 46(6), the political affiliation of the candidate shall be stated as being the political party named in the instrument.

(2) Where no instrument or request is filed in accordance with subsection 46(6) or (7), the political affiliation of the candidate shall be described by the word "non-affiliated".

(3) Where a request is filed in accordance with subsection 46(7), the candidate shall not be described as having a political affiliation or described by the word "non-affiliated".

4. Paragraph 54(a) of the Act is amended by striking out the words "addresses and occupations".

5. Subsection 62(2) of the Act is repealed and the following substituted:

(2) The ballot paper of each elector shall be a printed paper on which the names of the candidates for the electoral district alphabetically arranged in the order of their surnames, or in the case of 2 or more candidates with the same surname alphabetically in the order of their other names shall be printed except that the surname of a candidate shall appear first, followed by a comma and the remaining particulars of the candidate's name, and the party affiliations, if a request for their inclusion is filed under subsection 46(6), or the word "non-affiliated" if a request for its inclusion is filed under subsection 46(7), shall also be printed.

6. The Act is further amended by adding immediately after section 175 the following:

Campaign advertising

176. (1) A political party or candidate, or a person, corporation or trade union acting with its or his or her knowledge and consent shall not, after the issue of a writ for an election and before the day immediately following the polling day, except during the period of 21 days immediately preceding the day before polling day,

(a) advertise on the facilities of a broadcasting undertaking; or

(b) procure for publication, publish or consent to the publication of, except during that period, an advertisement in a newspaper, magazine or other periodical publication or through the use of outdoor advertising facilities,

for the purpose of promoting or opposing a political party or the election of a candidate.

(2) Subsection (1) does not apply

(a) to advertising of public meetings in districts;

(b) to announcing district headquarters locations;

(c) to announcing services for electors by district associations respecting enumeration and revision of lists of electors; or

(d) to another matter respecting administrative functions of district associations,

if the advertisements, announcements and other matters are done in accordance with the guidelines of the Chief Electoral Officer.

(3) A person who broadcasts or publishes an advertisement contrary to this section is guilty of an offence.

Rates for advertising

177. (1) A person, corporation or trade union shall not

(a) charge a political party or candidate, or a person acting with its or his or her knowledge and consent, a rate for broadcasting time on a broadcasting undertaking in the period beginning on the 21st day before the day immediately before polling day at an election and ending on the day before polling day, that exceeds the lowest rate charged by him or her or it for an equal amount of equivalent time on the same facilities made available to another person in that period; or

(b) charge a political party or non-affiliated candidate, or a person acting with its or his or her knowledge and consent, a rate for an advertisement in a periodical publication published or dispersed and made public in the period referred to in paragraph (a) that exceeds the lowest rate charged by him or her or it for an equal amount of equivalent advertising space in the same issue of the periodical or in another issue published or disbursed and made public in that period.

(2) The rates charged a political party or candidate for broadcasting time on a broadcasting undertaking or for an advertisement in a periodical publication in the period referred to in paragraph (1)(a) shall be the same as the rate charged for an equal amount of equivalent broadcasting time or an equal amount of equivalent advertising space outside that period.

(3) The rates referred to in subsection (1) shall be the same for all political parties or candidates during the period referred to in paragraph (1)(a).

Forms valid

7. Where a form included in the Schedule to the Act includes a requirement that the address and occupation of a candidate be stated that form shall be considered valid notwithstanding the provisions of paragraphs 46(1)(a) and (c), paragraph 54(a) and subsection 62(2).

PUBLIC SERVICE COLLECTIVE BARGAINING ACT

RSN1990 cP-42

8. Paragraph 2(1)(i) of the Public Service Collective Bargaining Act is amended by adding immediately after subparagraph (xi) the following:

(xi.1) who is employed in the Office of the Chief Electoral Officer,

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