Liberals request judicial ruling over campaign transparency law

The Liberals are requesting a judicial interpretation of the province’s election transparency requirements, alleging the Progressive Conservatives are breaking their own law over disclosing the cost of their campaign promises.

Ellen Creighton, the executive director of the Liberal Party, filed an affidavit with the Court of Queen’s Bench on Friday asking for the judicial review.

The Liberals argue the Fiscal Transparency and Accountability Act requires political parties to disclose the costs of all promises made 90 days before the election.

Creighton alleges the Tories did not fully account for the cost of 115 election commitments, totalling $433 million, which were made between June 24 and Aug. 21.

When Finance Minister Blaine Higgs announced the new Fiscal Transparency and Accountability Act in May, he said it would force political parties to be accountable for declaring to voters how much their promises would cost.

The Tories have said the spending commitments were made as government announcements and were a part of the provincial budget.

“The [Liberals take] the position that [the PC Party's] pre-writ spending constitutes an ‘election commitment’ pursuant to the Accountability Act for all registered political parties, including the PC Party,” Creighton’s affidavit said.

It is not clear whether a hearing could be held prior to the Sept. 22 election.

Progressive Conservative Leader David Alward called the Liberal move "rich," given what he said are outlandish spending promises by Brian Gallant's party.

Alward said his party is obeying the law as of now.

"All of our costing has been verified by an accountant. That has been signed off and is being presented to Elections New Brunswick today," he said.

Meanwhile, NDP Leader Dominic Cardy, who was consulted by the Tories on the transparency rules, said he is backing the Progressive Conservatives' interpretation that the law applies to promises and not to government spending.

"They're already costed, they're already in the budget that was passed earlier this year," Cardy said.

The law is intended to discourage parties from promising things that turn out to be too expensive

The parties must state the estimated cost and revenue effect of any promise and what the estimate is based on. The estimates have to be reviewed and approved by an accountant.

After the election results are official, any registered political party can ask the courts to review whether another party followed the law. If a judge rules the party failed to comply, it can lose its public subsidy.