Accountability at stake says AG as she urges Houston government to scrap changes to her office

Nova Scotia's auditor general is urging the provincial government to withdraw amendments to the law that governs her work, which she claims would seriously erode the ability of her office to continue to do its work.

The amendments proposed in the bill brought forward Tuesday by Premier Tim Houston would give the government veto power over what information Kim Adair could include in her reports. Cabinet could also force any report to remain strictly confidential.

"We have serious concerns that the changes tabled in this bill will erode the independence of this office going forward," Adair told a room full of reporters Thursday. "These changes could mean any report the government doesn't like wouldn't be made public.

"The numerous veto powers could result in fewer public reports."

Adair is sounding the alarm after a meeting with senior government officials on Wednesday to try to better understand the changes and the rationale behind them.

She refused to say who she met with or to discuss what she heard from those officials, but she made her position clear on what needs to happen next.

"I have asked for the ability to consult to determine if we can mutually address government's concerns and while continuing to maintain the independence of the office," said Adair.

Right to remove AG

The governing Progressive Conservatives are also looking for the right to fire the auditor general "for reasons other than cause or incapacity" if two-thirds of MLAs in the House vote to do that. Houston's PC Party currently controls more than two-thirds of the votes.

During question period Wednesday, Houston said he has "great respect" for the work of the AG and the changes are meant to bring Nova Scotia's legislation in line with other provinces. That rationale was reiterated in a statement Thursday attributed to Finance Minister John Lohr.

"To suggest these amendments impact the independence and integrity of the auditor general is false and sheds doubt on the independence and integrity of auditors general working effectively in other jurisdictions," the statement read.

Only Manitoba and Alberta have dismissal provisions similar to the changes the PCs have introduced

NDP Leader Claudia Chender dismissed Houston and Lohr's reasoning while speaking to reporters at Province House.

"It's not true that they're getting in line with other provinces," said Chender. "This is about the premier spending the precious time we have in this House to consolidate his own power, to make decisions and push forward legislation that Nova Scotians did not vote for."

In this sitting, the party in power has unilaterally changed the rules of the House to limit debate and the ability of opposition MLAs to slow down the bill-making process. 

'Last bastion of independent oversight'

Chender said protecting the independence of the Office of the Auditor General is all the more important because of those changes.

"The auditor general is sort of the last bastion of independent oversight of this government," said Chender.

"If we go through with this bill, I think Nova Scotians should be very, very concerned about any sense that they know what their government is doing, what decisions they are making, what they're prioritizing, and importantly, how they're spending their money."

Liberal MLA Iain Rankin said the changes would open the door to possible "corruption" and "misuse of funds."

Other members of the premier's cabinet, including Justice Minister Becky Druhan and Health Minister Michelle Thompson, showed no signs of breaking ranks with their leader on the bill.

"I do believe there are times when there are things that in the future that maybe is not in the best interest to be known publicly," Thompson told reporters during a bill briefing Wednesday. "Currently, I don't have an example of that."

Her department was the subject of Adair's most scathing report to date, which criticized the government's purchase of an unfinished hotel construction site for the conversion to a health-care facility.

Thompson said she would not have ordered that report hidden from the public. 

On Wednesday, Houston said the changes to Adair's office would also "bring it closer to the conditions" of Nova Scotia's Office of the Information and Privacy Commissioner.

"[The commissioner] is also an officer of the legislature. Just trying to normalize things and make it fair for everyone," he said.

In fact, the privacy commissioner is not an independent officer of the legislature and lacks order-making power.

Houston promised while he was in opposition that he would change that, a promise he has so far failed to keep since forming government in 2021.