The federal government says proposed amendments in Thursday’s budget would update the Auditor General Act to restore the auditor general’s access to privileged information.
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The federal government says it is looking to restore the auditor general’s access to privileged information, following proposed changes outlined in Thursday’s federal budget.
Government officials said the legislative proposal would update the Auditor General Act “to clarify and modernize” the auditor general’s access to information, but they were not able to specify what the government is trying to achieve beyond restoring access. A spokesperson for the Office of the Auditor General declined to elaborate, citing the “budget blackout period,” when questions about the budget are expected to be forwarded to the Department of Finance.
The office of Finance Minister François-Philippe Champagne confirmed the changes are intended to restore the auditor general’s access to privileged documents and address the protection and handling of information provided during audits. It also said amendments would allow the auditor general to appoint an external auditor.
Champagne’s office said the need for changes follows what it described as “a growing problem with access to information needed to perform audits,” which it said has become more pronounced since a 2023 Ontario Court of Appeal decision. The office linked that decision to circumstances involving Laurentian University, where the Ontario auditor general sought privileged records for a value-for-money audit.
In that matter, Laurentian denied the Ontario auditor general access to certain privileged documents. The university argued the auditor general lacked authority to demand the records, and the Ontario Court of Appeal upheld the conclusion that the provincial act did not explicitly give the auditor general the right to access privileged information.
The federal proposed amendments, Champagne’s office said, would address privilege to reduce legal uncertainty and promote more consistent practices across audited organizations. It added that the changes would also include updates related to information protection during audits.
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