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Federal Budget Looks to Restore Auditor General’s Access to Privileged Information
The budget would also let the auditor general appoint an external auditor and aims to reduce legal uncertainty after a 2023 court ruling.
In Thursday's federal budget, Ottawa proposed updating the Auditor General Act to "clarify and modernize" the Auditor General's access to privileged information held by organizations under audit.
A 2023 Ontario Court of Appeal ruling prompted the changes after the court found existing legislation did not explicitly require Laurentian University to disclose privileged records to the Ontario Auditor General.
The Ontario Court of Appeal wrote that while privilege can be abrogated by statute, "the language of any statutory provision must be explicit and demonstrate a clear and unambiguous intent to do so."
Finance Minister Philippe Champagne's office confirmed the amendments aim to restore access while introducing provisions to protect information and allow the Auditor General to appoint an external auditor.
A spokesperson for the Office of the Auditor General declined to elaborate on Friday, citing the "budget blackout period" when federal agencies must forward budget questions to the Department of Finance.