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British Columbia Premier Christy Clark arrives for the Throne Speech in Victoria last Thursday.KEVIN LIGHT/Reuters

Just ahead of a vote that is expected to topple her government, Premier Christy Clark's Liberals are raising new questions about the ability of an NDP minority to govern in B.C.

The New Democrats say they have an answer to the math problem that is presented by the balance of power in the legislature, without rewriting parliamentary rules. But many details remain vague, and may only be tested if the NDP is given a chance to form the next government.

The Liberals' 43 MLAs are set to face a vote of confidence in the legislature by Thursday, a vote they expect to lose to the NDP-Green alliance representing the remaining 44 seats in the House.

Ms. Clark has repeatedly ruled out asking for another election on the heels of the May 9 vote, saying the election call is a decision that rests with Lieutenant-Governor Judith Guichon. However, the Liberals are laying out their case for why they believe Ms. Guichon should be wary of inviting the NDP to govern in their stead.

Gary Mason: Why Alberta may soon feel a bit more like B.C.

B.C. voters went to the polls on May 9, and the Liberals have tacitly acknowledged that they would face a backlash from the public if they advocated for another election at this time.

"Let's avoid the risk of an election," Ms. Clark said in the House this week.

Government House Leader Mike de Jong on Tuesday asked Speaker Steve Thomson to provide "guidance" on how the legislature would manage with an NDP government based on the current numbers. The NDP has 41 seats, and the three Green MLAs have agreed to support the New Democrats on matters of confidence – the budget and Throne Speeches. But it is likely the NDP will have to appoint a Speaker from its own benches, leaving the House divided 43-43, forcing the Speaker to act as a tiebreaker.

Mr. de Jong is asking the Speaker to rule – before the vote of confidence – on a number of points of parliamentary procedure that could arise if the NDP formed government with these numbers.

"It anticipates the very real possibility that by this time next week, we may have a new government in office," Mr. de Jong told reporters. "There will be the prospect, at least, of tie votes on a regular basis that will engage the Speaker's involvement in a way that is fairly unprecedented … I think it's going to be very, very difficult."

The New Democrats believe they can use the existing rules to avoid deadlock by sending House business to a legislative committee where they expect to hold the governing majority. The use of what's sometimes referred to as "the little House" for budget estimates is routine, and it has been used in the past to examine legislation.

That could allow the New Democrats to sidestep the challenge of having the Speaker constantly forced to break ties to pass government legislation. However, British Columbia has not had a minority government in 65 years, and the use of this committee in such a way has not been tested.

That tactic would not avoid contentious tiebreaking votes by the Speaker when bills come back to the main chamber for a final vote, and Mr. de Jong said long-standing conventions prohibit an NDP Speaker from casting a vote to enact legislative changes, except on matters of confidence.

"In the days ahead, members will be voting on questions that are fundamental to determining the course of government in British Columbia," he wrote in his letter to the Speaker. "I believe that all members would benefit greatly from a statement clarifying any ambiguity or confusion that may exist regarding our Standing Orders and the role of our Speaker."

NDP House Leader Mike Farnworth said the Liberals don't dare anger voters by asking for another election this year, but he argued they are trying to influence the Lieutenant-Governor to make that call herself.

"If the government falls, the Lieutenant-Governor will have to determine whether to call a new election or to permit the party leader with the second-greatest number of seats to form government," he wrote in his submission to the Speaker.

Mr. Farnworth chastised the Liberals for seeking to "pre-empt the Lieutenant-Governor's deliberative process by providing what amounts to constitutional legal advice to the legislature, based on the insulting proposition that [MLAs] are not able to collect and access their own information on this matter."

Mr. Farnworth said the Liberals are raising unwarranted concerns. "The Standing Orders have served this province well since 1871, and I see no reason why the Standing Orders will not serve a minority government just as well," he said. "This is an effort by this government to hold on to power as long as they can; this is about trying to trigger an election that they don't want to take responsibility for."

British Columbia Green party Leader Andrew Weaver says shared values on climate issues is what ultimately led his party to choose to work with the NDP over the Liberals. The NDP and Greens signed a four-year deal Tuesday.

The Canadian Press

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