N.S. auditor general says she could not do her job if Houston government has power to fire her

Nova Scotia Auditor General Kim Adair said Wednesday she could no longer do her work as the legislature's fiscal watchdog if the Houston government gives itself the ability to fire her.

Adair's comments came a day after Premier Tim Houston introduced a bill that would allow cabinet to dismiss the auditor general after a two-thirds vote in the House "for reasons other than cause or incapacity."

"I don't see how I could do it [the job] under those conditions because I would not be independent and objective," Adair told CBC News following a meeting of the public accounts committee, which is charged with examining her reports and recommendations. 

Houston's Progressive Conservatives control more than two-thirds of the votes in the current makeup of the Nova Scotia Legislature. The party in power has 43 seats, compared to the 12 MLAs who sit in opposition. 

Adair was not consulted on the change to the law that governs her work, nor was she warned it was coming.

She told CBC News she was "concerned" by the change and the impact it would have on the independence of the office.

"It is the foundation and the cornerstone for over a century as to how the auditor general functions that we are independent, objective and not subject to bias," said Adair.

"We are having discussions with government so I can understand better and the rationale why."

'Great respect' for AG, says Houston

During question period later Wednesday, interim Liberal Leader Derek Mombourquette asked Houston about Adair's suggestion that the provision would affect her ability to do the job. Houston responded: "It would be unfortunate if the auditor general said that because certainly the auditor generals in a number of provinces across this country that have the exact same provisions do their jobs and they do it very effectively and very efficiently."

Responding to a question from NDP Leader Claudia Chender, Houston said the changes "bring things in line with the way it is across the country," and that his government has "great respect for the office of the auditor general."

Legislation in provinces including B.C., Saskatchewan, Ontario, P.E.I., New Brunswick, and Newfoundland and Labrador state that cause is required for removal.

Houston's office later pointed to governments in Manitoba and Alberta. In Manitoba, the auditor general can be suspended or removed from office "on a resolution of the assembly carried by a vote of two-thirds of the members voting." 

The law in Alberta states the auditor general can be suspended or removed from office "on the recommendation of the assembly ... at any time." 

Changes to public accounts

During Wednesday's meeting of the public accounts committee, PC members used their majority to further change the way the committee operates, barring it from sitting at the same time the House is in session.

PC MLA Marco MacLeod said the committee met more regularly than any other similar committee in the country, and that opposition members have the chance to question cabinet ministers when the House is sitting during question period.

The committee not only gets to question the AG about the audits done by her office, it also gets to grill senior bureaucrats about conclusions made by auditors and report recommendations.

Interim Liberal Leader Derek Mombourquette suggested the move was designed to duck scrutiny.

"They don't want to answer questions while the legislature is sitting about reports that come before public accounts," said Mombourquette. "It makes no sense."

NDP MLA Susan Leblanc challenged MacLeod's contention the committee has plenty of time outside legislative sittings to do its work.

"That's not necessarily true," said Leblanc. "We had a meeting scheduled for next week with the Department of Finance and Treasury Board, and for some reason the government has decided they don't want that meeting to take place."

She said because the legislature sits when the premier decides, rather than on a fixed schedule, it would be difficult to schedule committee meetings and book witnesses.

The committee traditionally does not sit in July and August.