Tuesday 3 March 2020

Provincial transparency law doesn't apply to campaign promises in snap election

https://twitter.com/DavidRayAmos/with_replies





Replying to @alllibertynews and 49 others

"Poffenroth said one party official she told about the exception recently was "quite happy" to learn the requirement would not apply."

Just one? Yea Right 



https://davidraymondamos3.blogspot.com/2020/03/provincial-transparency-law-doesnt.html







https://www.cbc.ca/news/canada/new-brunswick/law-invalid-snap-election-1.5480160


Provincial transparency law doesn't apply to campaign promises in snap election

Law requiring parties to release platform cost won’t apply if the election happens before October 2022



Jacques Poitras · CBC News · Posted: Mar 02, 2020 6:00 AM AT




The Transparency in Election Commitments Act only governs elections held every four years under fixed-date provisions of the Elections Act and the Legislative Assembly Act. (Shane Magee/CBC)

It's still not clear whether New Brunswickers will vote in a provincial election this spring, but if a campaign happens, it'll be noticeably less transparent than the last one.

A law that requires parties to research and release the potential cost of their platform promises won't apply if the election happens this year, or at any time other than the next scheduled vote in October 2022.

The Transparency in Election Commitments Act only governs elections held every four years under fixed-date provisions of the Elections Act and the Legislative Assembly Act.


"It doesn't apply because of the way the legislation is written," says Chief Electoral Officer Kim Poffenroth.
"It only applies to election commitments made before or during a scheduled general election. So if there's what we like to call a snap election, it won't apply."

Poffenroth says not having to oversee the filing of costed promises will ease the workload of her staff, which is facing the possibility of organizing a provincial vote while also working toward municipal, school district and health authority elections set for May 11.

In 2018, "there was a lot of additional work for the two or three people in our political financing unit," she said.

Poffenroth said one party official she told about the exception recently was "quite happy" to learn the requirement would not apply.

Snap staffing issues


The law requires parties to research the costs of promises made in the 90 days before the scheduled date of an election and file a "disclosure statement" with the information.


There's a complaint process involving the Court of Queen's Bench, and parties found to have not complied with the requirement can be fined and banned from advertising for the rest of the campaign.

The law provides for extra staff at the legislative library to help parties research the costs, and requires government departments to help them, in the six months leading up to the election.


New Brunswick's chief electoral officer Kim Poffenroth says not having to oversee the filing of costed promises will ease the workload of her staff, which is facing the possibility of organizing a provincial vote while also working toward municipal, school district and health authority elections set for May 11. (Roger Cosman/CBC)

That advance period by definition can't exist when the election is unexpected.

"A snap election is a snap election," said Liberal MLA Guy Arseneault. "There was no real mechanism in place that could be developed" for the same kind of costing on short notice.

"If we could find some way for a neutral third party to cost the platforms of all parties in the event of a snap election, we would welcome that," he said.

Law 'burdensome'


People's Alliance leader Kris Austin said the law was "very burdensome" for a small party like his, with limited resources, to comply with the law in 2018.


But he said his party will cost its promises regardless and he favours some kind of mechanism requiring all parties to do so. "There should be something there to hold parties to account."

The Alliance leader said he didn't know snap elections were not covered by the law until CBC News contacted his office for a comment.


People's Alliance leader Kris Austin said the law was "very burdensome" for a small party like his, but he said his party will cost its promises regardless. (CBC)

While its exception for snap elections would appear to make life easier for parties, Green Party leader David Coon says he wishes the law were in effect so his team could rely on the legislative library and government departments for help.

"As we cost our platform, it's going to be a little more difficult, because the assistance that the act ensures is available to parties … won't be available."

No one from the Progressive Conservative party could be reached for comment.

Legislative redo


The PC government of David Alward passed a previous version of the law that required parties to use outside auditors and left it to Elections New Brunswick to enforce the requirement.



The Liberals repealed the law in 2015, calling it "gimmicky," but then passed their own version two years later. In 2019, the PC minority government tried to replace that with a third version but withdrew it when all three opposition parties objected.

That left the Liberal law in place with its application only to scheduled elections.

Section 3 of the law says it applies to "a scheduled general election," which is defined as one happening according to a schedule set out in the Legislative Assembly Act.


The PC government of David Alward passed a previous version of the law that required parties to use outside auditors and left it to Elections New Brunswick to enforce the requirement. (CBC)

It says a general election must happen on the third Monday in October in the fourth calendar year after the last one.

That means a snap election this spring would reset the cycle and establish Oct. 21, 2024 as the date for the next election--unless another minority government takes office and is defeated before then.

The same costing exception for snap elections also exists for by-elections. Premier Blaine Higgs says he'll set the date in early March for two by-elections in the Saint Croix and Shediac Bay-Dieppe ridings.


If a general election were called or triggered after that date is set, the by-elections would be folded into the general election.

About the Author


Jacques Poitras
Provincial Affairs reporter
Jacques Poitras has been CBC's provincial affairs reporter in New Brunswick since 2000. Raised in Moncton, he also produces the CBC political podcast Spin Reduxit. 







32 Comments
Commenting is now closed for this story.




David Amos
"Poffenroth said one party official she told about the exception recently was "quite happy" to learn the requirement would not apply."

Just one? Yea Right
























David Amos
Surprise Surprise Surprise


Terry Tibbs 
Reply to @David Amos:
I'm surprised, only one "poof" this AM so far...........



Terry Tibbs
Reply to @David Amos:
Oh My, Oh My............. a whole section went "poof". 
 

David Amos
Reply to @Terry Tibbs: Methinks you forgot that my blog saves everything I deem important N'esy Pas?  

























Claude DeRoche
Wow! The Crown Prince of Bermuda will need to explain how returning $2 billion
in yearly equalization transfers to Ottawa will help New Brunswick's economy!



David Amos 
Reply to @Claude DeRoche: Methinks you really didn't believe that Higgy's handlers would permit him to do such a dumb thing even though he was dumb enough to say it N'esy Pas?

























Paul Bourgoin
The system always favors those who are on the receiving end not those who foot the BILL!


David Amos
Reply to @Paul Bourgoin: Methinks a retired Fed who used to work with the taxman should know N'esy Pas?























Matt Steele
Certainly good news for the Liberals ; now they can promise every N.B.er a free cottage , and a new car if folks will vote for the SANB controlled Liberal Party ; and no questions asked . The next election should be an interesting one . Promise any thing and every thing , and no accountability or costing required.....a Liberal dream come true !


Paul Bourgoin 
Reply to @Matt Steele: Liberals, Conservatives, And all the other political parties are all cut from the same cloth. New Brunswick, has only one Cotton Mill and it meets all the New Brunswick needs and is owned by the FAMILY!


David Amos
Reply to @Matt Steele: YUP I am looking forward to the chicken in every pot 

























 


Brad Little
Music to Liberal ears


David Amos 
Reply to @Brad Little: Who wrote the rules? 

























 

Ben Haroldson 
In other words, the rules don't apply ever, just more blather.


David Amos 
Reply to @Ben Haroldson: That goes without saying































Terry Tibbs
Simply folks: It's the law of surprise.
(look it up)



David Amos
Content disabled 
Reply to @Terry Tibbs: Methinks its a bit of a surprise to see that this comment section is still open. BTW the thread of yours that went "Poof" had more comments within it than the total tally is right now. Anyone can look it up in my blog to verify N'esy Pas? 
 

David Amos 
Reply to @Terry Tibbs: Need i say "Poof" ??? 


























Lauchlin Murray
If you look at Jacques Poitras's other stories, you can see he capitalizes 'leader' for other parties, like the Liberals. But, here, two times, he does not cap it for the People's Party's leader, Kris Austin. Is this political bias or just incompetence. Because, it appears twice that way. Why Kris not respected the same way as other party leaders? Which message is the CBC sending? Incompetence or bias?


Marguerite Deschamps  
Reply to @Lauchlin Murray: If you want respect, you have to show respect. Le Crisse d'Hostie has none for us and we have none for him.


Terry Tibbs
Reply to @Lauchlin Murray:
I *think* the point you are trying to make is moot. The lines have been drawn, Liberals/Green, CONServatives/Alliance. Two sides of the same coin, no difference that I can see, the faces might change but the essence will not.



David Peters 
Reply to @Lauchlin Murray:
Bias, with a capital B.



David Amos
Reply to @Marguerite Deschamps: Oh My My Who Methinks you are one who loves to pick fights fights I just love finishing them N'esy Pas?


Natalie Pugh 
Reply to @Marguerite Deschamps: And WE have no respect for you, your acadian liberal party or your acadian society, which by the way could you start funding yourself??


Terry Tibbs 
Reply to @Natalie Pugh:
That's just nasty......... there HAS to be at least a few wags left in that old dog the tail can get?



Dan Lee
Reply to @Natalie Pugh:
Funding yourself...........talk about having the rear end 1st...........who the he..ll funded Fredericton its entire life...taxpayers...it sure wasn't your industries....man o man........ 
 

David Amos
Reply to @Marguerite Deschamps: Methinks the cat must have your tongue again N'esy Pas? 



























Elitasia Laurentientide
Content disabled  
Paint lines on the road, ban marijuana drugs, tell Ottawa to mind it's own business, stop Green leftists from the rest of the country from moving here and trying to change it.


Terry Tibbs 
Content disabled  
Reply to @Elitasia Laurentientide:
1) if you don't know where on a road you belong without a line drawn on it you should not be driving.
2) no one is forcing anyone to smoke those evil drugs.
3) Ottawa gives NB $2.2 million a year. In my book the guy who does the paying gets to do some of the saying.
4) I would much prefer a Green leftist over a Liberal leftist, only one of the two is honest, and it's not the latter one.



Elitasia Laurentientide 
Content disabled  
Reply to @Terry Tibbs: Then why do we paint roads then?


Elitasia Laurentientide 
Content disabled  
Reply to @Terry Tibbs: Ottawa gives NB that money because they made us dependent through trade deals that did not favour New Brunswick. Have you ever heard of a nation where there aren't large ports up and down the coasts?


Elitasia Laurentientide 
Content disabled  
Reply to @Terry Tibbs: I know where I belong on a road, but it's hard to know where there are supposed to be turning lanes or not.


Elitasia Laurentientide 
Content disabled  
Reply to @Terry Tibbs: Nobody is forcing people to be drug users, that's true. What they are doing is encouraging it. That is the opposite of what was promised. We were told tax revenue would be used to educate and discourage use.


Elitasia Laurentientide 
Content disabled  
Reply to @Terry Tibbs: Green's have become MIL LIT TANT and very nasty if you don't agree with them and their unrealistic climate alarmist views.


Terry Tibbs  
Content disabled  
Reply to @Elitasia Laurentientide:
"We" don't paint roads, "we" paint highways, as in "numbered highways", roads are the responsibility of the city/town when they are in the city/town.



Terry Tibbs  
Content disabled  
Reply to @Elitasia Laurentientide:
"Large ports" are not controlled by Ottawa, they are controlled by need/useage, and suitability for a port.



Elitasia Laurentientide 
Content disabled  
Reply to @Terry Tibbs: No need to put we in quotations in this context. We, as a society do certain things even if we personally aren't the ones painting. I think you're splitting hairs. The provincial government gives funding to cities and towns to paint roads.


Terry Tibbs  
Content disabled   
Reply to @Elitasia Laurentientide:
Turning lanes are marked by sign, either over head, or on the shoulder. Most turning lanes are in towns/villages/cities where painting lines is the town/village/city responsibility.
Lines do wear off of roads, but are usually replaced in the spring, weather permitting.



Terry Tibbs  
Content disabled  
Reply to @Elitasia Laurentientide:
You are going to have to trust me here, legal, or not, folks have been smoking pot since, well, forever. Politicians promise a lot of things they have no intention of following through on.



Ben Haroldson
Content disabled  
Reply to @Terry Tibbs: There are lots of roads that aren't in cities or towns.


Terry Tibbs  
Content disabled  
Reply to @Elitasia Laurentientide:
I vote Green and believe he climate is changing, but as an engineer I do not, for one minute, trust "climate science" to give ANY answers.
I do know we have made pigs of ourselves by consuming outrageously, but I feel the major cause of climate change to be overpopulation.



Terry Tibbs  
Content disabled  
Reply to @Elitasia Laurentientide:
1) we all benefit from ice breakers
2) the St Lawrence is the natural shipping choice, it's where the people live, and boat shipping is cheaper than rail shipping. St John advertises itself as a shipping hub, to both NY and Montreal, but is under utilized because of cost.
3) if we had the population and the industry we would have another Boston.



Terry Tibbs  
Content disabled  
Reply to @Elitasia Laurentientide:
It is now against the law to put lead in the paint and the days of oil based paint are limited. You better get used to lines wearing off of roads (and paint falling off of your car).



Terry Tibbs  
Content disabled  
Reply to @Elitasia Laurentientide:
So, the government has become a drug pusher? Is that what you are saying?



Terry Tibbs  
Content disabled  
Reply to @Ben Haroldson:
Rural roads are not required to be marked, rural numbered highways are, that is the way it is, right from the DOT.



Terry Tibbs  
Content disabled  
Reply to @Elitasia Laurentientide:
Use has not skyrocketed, in fact, as "the boomers" are aging use has decreased.
Someone is telling you stories.
Now, use of garbage synthetic drugs is increasing, still illegal, but cheap as dirt.



Terry Tibbs  
Content disabled  
Reply to @Elitasia Laurentientide:
And "climate science" is a predictive science, not an exact science.



Terry Tibbs  
Content disabled  
Reply to @Elitasia Laurentientide:
1) seems to me ice breakers are used/needed to operate the ferry boats in the winter, and rescue the odd hapless fisherperson.
2) the population/industry/banking/immigration centers of this country haven't been in NB since before Canada existed how can you blame Ottawa?



Terry Tibbs  
Content disabled  
Reply to @Elitasia Laurentientide:
I disagree.



Terry Tibbs 
Content disabled  
Reply to @Elitasia Laurentientide:
"gateway drug" is a story told to children at bedtime. The same goes for usage. When I went to high school 9 out of 10 kids were smoking pot, the numbers are not that high now, even if it is because there are less kids, if you haven't noticed.
Somebody is telling you stories and you are believing them. 





























Terry Tibbs
So, there you have it folks, if a politician promises us a Cadillac in every yard, it will be an "official" just kidding moment.
Sorta/kinda like the law enacted to protect us from outlandish, or any, election promises, if the election falls outside "the official election schedule" it is a "just kidding" law.
Isn't the life of a politician just grand, in this place of 2 official languages, double the chance of shortchanging us?


Terry Tibbs
Reply to @Terry Tibbs:
In this "just kidding" place, where no matter who you vote for the end result will be the same, maybe we should go broke, and we might find a trustee, appointed by those we owe money to, more honest and trustworthy than those we have the opportunity to elect?



David Amos
Reply to @Terry Tibbs: Well at least some of your words remain I should ask what kind of Cadillac is coming my way? Whereas I don't want a front wheel drive car methinks the other political party will swap it for a Lincoln N'esy Pas?
 

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