Less than a week after her party’s re-election, Premier Kathy Dunderdale informed voters that the House of Assembly would not be re-opening until the Spring, in part because she deems it dysfunctional, and as she told the CBC’s David Cochrane:
“We need legislation to bring to the floor of the house of assembly. It’s not going to be ready in time.”
While I am undecided as to whether I share Ms. Dunderdale’s laments a lack of talent around her in the House to draft any legislation, I humbly offer the following as one bill that should have no trouble passing. A very simple amendment to the Elections Act, 1991, SNL 1992, c E-3.1* which is modeled on practices already in place in at least one other province:
PART VI.1
General
No publication of information during an election
XX(1) In this section and in sections XXX.1 and XXX.2, “Government ministry” means any ministry, board, commission, Crown corporation or agency of the Government of Newfoundland and Labrador.
(2) During a general election, no Government ministry shall publish in any manner any information with respect to the activities of the ministry.
(3) During a by-election in a constituency, no Government ministry shall publish in any manner in the constituency any information with respect to the activities of the ministry.
(4) During a by-election in a constituency that includes, in whole or in part, a city having a population exceeding 10,000 inhabitants, no Government ministry shall publish in any manner in that city any information with respect to the activities of
the Government ministry.
(5) Subsections (2) to (4) do not apply to:
(a) information that, because of an emergency or compelling public safety concern, is required to be published in the public interest; or
(b) advertising by a Crown corporation that is related to the Crown corporation’s competitive business interests.
(6) Every person in Newfoundland and Labrador in charge of a broadcasting undertaking in Newfoundland and Labrador or an undertaking that publishes a newspaper, magazine or periodical in Newfoundland and Labrador shall file with the Chief Electoral Officer a solemn declaration setting out:
(a) whether or not any information mentioned in this section has been published or broadcast by the undertaking of which the person is in charge; and
(b) if any information has been published or broadcast, the name of the Government ministry that requested the publication and the details of the publication.
(7) The solemn declaration mentioned in subsection (6) must be filed within two months after the polling day for the election.
2011 c.XX s.X
No government advertising 30 days before issuance of a writ
XXX(1) During the 30 days before the issuance of a writ for a general election that is held in accordance with section XX of Elections Act, 1991, no Government ministry shall advertise in any manner with respect to the activities of the ministry.
(2) Subsection (1) does not apply to:
(a) information that, because of an emergency or compelling public safety concern, is required to be conveyed to the public; or
(b) advertising by a Crown corporation that is related to the Crown corporation’s competitive business interests.
2011, c.XX. s. X
Limits on government advertising during the four months preceding the issue of a writ
XXX(1) In this section, “average monthly amount” means, with respect to a Government ministry, the average amount of money spent on advertising by the Government ministry within the 12 months preceding the restriction on advertising in subsection XXX.1(1).
(2) During the 120 days before the issuance of a writ for a general election that is
held in accordance with section 8.1 of Elections Act, 1991 no Government ministry shall spend on advertising in each month more than its average monthly amount for advertising.
(3) During the 90 days before the period mentioned in subsection XXX.1(1), no Government ministry shall advertise in any manner any information other than information that is intended to inform the public about programs and services of
the ministry for the public benefit of Newfoundland and Labrador people or to address an emergency or compelling public safety concern.
(4) Subsection (3) does not apply to advertising by a Crown corporation that is
related to the Crown corporation’s competitive business interests.
(5) During the period mentioned in subsection (2), no Government ministry shall
advertise in Newfoundland and Labrador any information that is intended to promote the Government of Newfoundland and Labrador to persons outside of Newfoundland and Labrador.
(6) The head of a Government ministry that advertises in the period mentioned in
subsection (2) shall file with the Chief Electoral Officer a solemn declaration
setting out:
(a) the average monthly amount of advertising for that ministry;
(b) the monthly cost of advertising that was incurred by the ministry during the 120-day period; and
(c) the specifics of the advertising, including how and when it was conducted and the cost of the advertising.
(7) The solemn declaration pursuant to subsection (6) must be filed within two months after the polling day for the general election.
2011, c.XX, s.X.
*It may be necessary to also table as an amendment to NALCOR’s enabling statute, but we’ll leave that for another day
