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N.S. auditor wants government to drop legislation allowing her firing without cause

HALIFAX — Nova Scotia's auditor general wants the Progressive Conservatives to withdraw amendments to a bill that allows her to be fired without cause and gives the government more veto power over her reports.
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Nova Scotia auditor general Kim Adair addresses a news conference in Halifax on Thursday. Adair is requesting a bill that allows her to be fired without cause be withdrawn by the Progressive Conservative government. THE CANADIAN PRESS/Michale Tutton

HALIFAX — Nova Scotia's auditor general wants the Progressive Conservatives to withdraw amendments to a bill that allows her to be fired without cause and gives the government more veto power over her reports.

Kim Adair told reporters Thursday the proposed changes in the bill threaten her office's ability to independently investigate government spending and could prevent the release of information the party in power doesn't want the public to see.

As it stands, an auditor can be removed with the assent of two-thirds of the legislature, but a government bill introduced Wednesday would drop the requirement that just cause be provided before the termination. The omnibus bill would also give the government the power to withhold auditor general reports for reasons of public interest, public safety or legal privilege.

"The ability to remove the auditor general without cause, combined with the ability to control our public reporting, impacts the independence, integrity and objectivity of the office," said Adair, who was appointed in 2021 for a 10-year term.

"These changes could mean any report the government doesn't like wouldn't be made public. The numerous veto powers could result in fewer (auditor) reports … the potential for the (auditor's) recommendations to remain confidential could limit government accountability," she said.

Premier Tim Houston defended the changes Thursday during a news conference on the Ontario election campaign trail with Doug Ford, incumbent premier and Progressive Conservative leader, in Milton, Ont. Houston said his proposal aligns Nova Scotia's legislation with two Western provinces.

"I'm an accountant myself. I was surprised to hear the auditor general say that it could impact her independence. It's the same as … in Manitoba. The same is in place in Alberta. So, we'll continue," he said.

"We'll talk to the auditor general's office, but we're proceeding."

However, Adair said, "in most provinces in Canada there has to be cause to remove the auditor general and Nova Scotia would become an outlier." She added her office is doing a jurisdictional scan to see which provinces have similar veto powers on the release of auditor reports.

During Thursday's news conference, Adair said that under the existing system, government departments are given drafts of her reports and have a chance to point out problems and to agree or disagree with recommendations. She noted that during her time in office she's made more than 200 recommendations and the vast majority have been accepted.

"Throughout the audit process I make it a point to have open communication with the deputy ministers involved," she said. Adair also noted that past reports have led to improvements in areas ranging from violence in public schools to the operation of air ambulances.

"It's possible that under these proposed changes (in the omnibus bill) some or all of those audits may not have been made public," she said.

NDP Leader Claudia Chender said Thursday the legislation "is designed to muzzle the auditor general .... It takes away her independence and it should be rethought."

Iain Rankin, a Liberal member of the legislature, said the proposed legislation creates a "partisan veto" over Adair's work.

Adair has repeatedly criticized the Progressive Conservative government’s spending of billions of dollars outside the budget process and pointed out that Nova Scotia is the only province that doesn’t require extra spending to be vetted by the legislature. The extra-budget spending, she recently revealed, has totalled $7 billion over the last decade, with the Tories spending $1.38 billion in the 2023-24 fiscal year that wasn’t authorized by a majority vote in the House of Assembly.

This report by The Canadian Press was first published Feb. 20, 2025.

Michael Tutton, The Canadian Press