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UPDATE: Gallant says lieutenant-governor has OK'd his bid to stay on as premier for now

New Brunswick Liberal Leader Brian Gallant and wife Karine Lavoie, right, addresses the media after meeting with Lieutenant Governor of New Brunswick Jocelyne Roy-Vienneau, in Fredericton on Tuesday, Sept. 25, 2018. THE CANADIAN PRESS/James West
New Brunswick Liberal Leader Brian Gallant and wife Karine Lavoie, right, addresses the media after meeting with Lieutenant Governor of New Brunswick Jocelyne Roy-Vienneau, in Fredericton on Tuesday, Sept. 25, 2018. THE CANADIAN PRESS/James West - The Canadian Press

FREDERICTON, N.B. - Brian Gallant says the lieutenant-governor has given him permission to continue on as New Brunswick's premier for the time being, and he is promising to convene the legislature “before Christmas” to ensure he has its confidence.

Gallant met Tuesday with Lt.-Gov. Jocelyne Roy-Vienneau to discuss Monday night's election, which left his Liberals in second place with 21 seats to the Tories' 22 seats, and two smaller parties winning three seats each.

She gave him the go-ahead to stay on as premier and attempt to seek the confidence of the house, he said.

“Indeed we're still the government and I'm still the premier until we lose the confidence of the house. She has granted us the opportunity to face the legislature to see if we can maintain the confidence of the house,” Gallant said after meeting Roy-Vienneau for less than a hour.

Tory Leader Blaine Higgs held private meetings Tuesday morning after declaring his party had won the election, and plans to address the media Tuesday afternoon.

Gallant told reporters he will call the legislature back “sooner than later” to test his bid to continue as premier.

“I made this clear to the lieutenant-governor - if I face the legislature and I do not maintain the confidence of the house there will be a new government governing this province ... whether there's some type of other arrangement or whether it would mean that we would have to go into another general election,” he said.

Gallant likened the situation to Stephen Harper's former federal government - the Conservatives managed to govern several years in a minority government without a formal coalition.

Gallant made it clear, though, he might seek some kind of arrangement with another party.

“I would make sure that it (a return to the legislature) would be before Christmas, making sure to demonstrate if there's still confidence or not,” he said.

“If there's a formal agreement between us and somebody else, and that demonstrates that we would be in a position to maintain the confidence of the house, we would still have to call the house at one point to ensure that confidence would be practically possible and we would be able to govern.”

On Monday night, Higgs claimed his party had won a mandate.

“As in any race, the one who has the most numbers wins,” he said as supporters roared their approval from a former warehouse in Quispamsis. “I've been speaking with some constitutional experts - so we're good.”

Higgs had scheduled a late-morning media availability in his Quispamsis riding Tuesday, but abruptly delayed the appearance until mid-afternoon. Spokeswoman Nicolle Carlin said Higgs had a busy morning and was in “some high level meetings.”

Robin Mockler a spokeswoman for the People's Alliance, said Tuesday morning there had been no talks to date between Higgs and Alliance Leader Kris Austin, and none had been scheduled as of 10:30 a.m.

Gallant said he “humbly” accepts that the results suggest New Brunswickers want change, but said they are asking the parties to figure out how to govern together.

Gallant said he had spoken with Green Leader David Coon, and noted Coon and the other parties said they're willing to work together.

“I want to be perfectly clear with New Brunswickers this is uncharted territory for a generation. But I want people to take solace in the fact that things like this have happened in other jurisdictions. The way that our Westminster system works is we continue to be the government until we lose the confidence of the legislature.”

A number of ridings were decided by slim margins, and recounts are expected, but Gallant said he thought Elections New Brunswick had done a good job, and didn't expect the results would change.

He said those recounts would have to be held, and MLAs sworn in, before he would be able to call the house into session.

Gallant said in order to work with other parties, he might not be able to act on some of the Liberal campaign promises.

“New Brunswickers have not accepted in a majority fashion any of the platforms that were presented last night. New Brunswickers have made it clear that none of our platforms were what they wanted,” he said.

Observers say backroom deals brokered over the coming hours and days could determine whether a tenable coalition is formed with one of the smaller parties - or whether New Brunswickers are soon back at the polls.

Donald Wright, a political science professor at the University of New Brunswick, says if Gallant cannot find the confidence of the house, Higgs will be given a chance - presumably through a deal with the right-of-centre People's Alliance.

Wright said if neither main party can gain confidence of the house, the legislature will be dissolved and another election will be held.

Political scientist Mario Levesque said one issue with such a close election is that the party or coalition in power will have to elect a Speaker.

“The challenge here is even if they do form a pact - the Alliance goes with the Conservatives or the Greens with the Liberals - there is not enough there to elect the Speaker,” said Levesque, a professor at Mount Allison University in Sackville, N.B.

“If the Alliance goes with the Conservatives, that's 25, so a majority,” he said. “But then you have to take one away for the Speaker, and that gives them 24 which means they're still vulnerable to a tie vote in the legislature.”

Erin Crandall, a professor in the politics department at Acadia University in Wolfville, N.S., called the emergence of two third parties “the big story for this election.”

“This is uncharted territory for New Brunswick, which is historically a two-party system,” said Crandall, who is originally from Moncton. “It's always been a question of who's going to be in a majority government: The PCs or Liberals.”

She said a minority government will change the dynamics of governing in New Brunswick, making third parties the “major influencer” in the legislature.

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