Statistics Act

An Act respecting statistics of Canada Short title This Act may be cited as the Statistics Act. Definitions In this Act, Chief Statistician means the Chief Statistician of Canada appointed under subsection 4(1); (statisticien en chef) department or departments of government means any department, board, bureau or other division of the Government of Canada or of the government of a province or any agency of either; (ministère) identifying information means any information that makes it possible to identify an individual person, business or organization; (renseignement identificateur) Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre) respondent means a person in respect of whom or in respect of whose activities any report or information is sought or provided pursuant to this Act. (intéressé) Statistics bureau There shall continue to be a statistics bureau under the Minister, to be known as Statistics Canada, the duties of which are to collect, compile, analyse, abstract and publish statistical information relating to the commercial, industrial, financial, social, economic and general activities and condition of the people; to collaborate with departments of government in the collection, compilation and publication of statistical information, including statistics derived from the activities of those departments; to take the census of population of Canada and the census of agriculture of Canada as provided in this Act; to promote the avoidance of duplication in the information collected by departments of government; and generally, to promote and develop integrated social and economic statistics pertaining to the whole of Canada and to each of the provinces thereof and to coordinate plans for the integration of those statistics. Chief Statistician The Governor in Council shall appoint the Chief Statistician of Canada to be the deputy head of Statistics Canada. Tenure The Chief Statistician holds office for a term of not more than five years during good behaviour, but may be removed for cause by the Governor in Council. Reappointment The Chief Statistician is eligible to be reappointed for an additional term of not more than five years. Interim appointment In the event of the absence or incapacity of the Chief Statistician, or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council. Duties The Chief Statistician shall, in addition to any other duties imposed on him or her under any other provision of this Act, decide, based strictly on professional statistical standards that he or she considers appropriate, the methods and procedures for carrying out statistical programs regarding the collection, compilation, analysis, abstraction and publication of statistical information that is produced or is to be produced by Statistics Canada, the content of statistical releases and publications issued by Statistics Canada, and the timing and methods of dissemination of statistics compiled by Statistics Canada; advise on matters pertaining to statistical programs of the departments and agencies of the Government of Canada, and confer with those departments and agencies to that end; and control the operations and staff of Statistics Canada. Report to Minister In each fiscal year the Chief Statistician shall make a report to the Minister on the activities of Statistics Canada in the preceding fiscal year, and that report shall be included as a separate part of the Minister’s annual report to Parliament. Directives on methods, procedures and operations Directives on any methods, procedures and operations may only be issued to the Chief Statistician by the Governor in Council, by order, on the recommendation of the Minister. Tabling Within 15 days after the day on which an order is made, the Minister shall cause a copy of the order to be tabled in each House of Parliament. House not sitting If the House is not sitting, in order to comply with subsection (2), the order shall be sent to the Clerk of the House within 15 days after the day on which the order is made. Directives on statistical programs The Minister may issue directives to the Chief Statistician on the statistical programs that aim to collect, compile, analyse, abstract and publish statistics on all or any of the matters referred to in section 22. Publication of directives The Chief Statistician may require that any directive issued to him or her under subsection (1) be made in writing and made public before the Chief Statistician acts on it. Temporary employees The Chief Statistician may employ, in the manner authorized by law, any commissioners, enumerators, agents or other persons that are necessary to collect for Statistics Canada the statistics and information that the Minister considers useful and in the public interest relating to the commercial, industrial, financial, social, economic and other activities that the Minister may determine. The duties of the commissioners, enumerators, agents or other persons shall be those duties prescribed by the Chief Statistician. Public servants The Minister may, for such periods as the Minister may determine, use the services of any employee of the federal public administration in the exercise or performance of any duty, power or function of Statistics Canada or an officer of Statistics Canada under this Act or any other Act, and any person whose services are so used shall, for the purposes of this Act, be deemed to be a person employed under this Act. Contracted services Any persons retained under contract to perform special services for the Chief Statistician under this Act and the employees and agents of those persons are, for the purposes of this Act, deemed to be persons employed under this Act while performing those services. Oath of office The Chief Statistician and every person employed or deemed to be employed pursuant to this Act shall, before entering on his duties, take and subscribe the following oath or solemn affirmation: I, , do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as an employee of Statistics Canada in conformity with the requirements of the Statistics Act, and of all rules and instructions thereunder and that I will not without due authority in that behalf disclose or make known any matter or thing that comes to my knowledge by reason of my employment. Attestation The oath or solemn affirmation set out in subsection (1) shall be taken before the person, and returned and recorded in the manner, that the Chief Statistician may direct. Incorporated contractors If a person retained under contract to perform special services for the Chief Statistician under this Act is a corporation, its chief executive officer and any of its other officers, employees and agents that are used to perform the special services shall, before fulfilling any of the duties required under the contract, take and subscribe the following oath or solemn affirmation: I, , do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as an employee of (name of the corporation) in respect of my employment in carrying out (identify here contract with Chief Statistician) in conformity with the requirements of the Statistics Act, and of all rules and instructions under that Act and that I will not without due authority disclose or make known any matter or thing that comes to my knowledge by reason of this employment. The oath or solemn affirmation set out in subsection (3) shall be taken before the person, and returned and recorded in the manner, that the Chief Statistician may direct. Rules, instructions and requests for information The Chief Statistician may prescribe the rules, instructions and, subject to subsection 21(1), requests for information that he or she considers necessary for conducting the work and business of Statistics Canada, the collecting, compiling and publishing of statistics and other information and the taking of any census authorized by this Act. Clarification For greater certainty, any rule, instruction or request for information prescribed under subsection (1) is not a regulation for the purposes of the Statutory Instruments Act. Mandatory or voluntary requests for information The Chief Statistician shall determine whether a request for information is mandatory or voluntary, with the exception of the census of population and census of agriculture, both of which are mandatory. Publication The Chief Statistician shall publish any mandatory request for information before the request is made. Notification of Minister The Chief Statistician shall notify the Minister of any new mandatory request for information at least 30 days before the day on which it is published. Voluntary requests for information — paragraph 31(a) does not apply Paragraph 31(a) does not apply to a person to whom a voluntary request for information is made. Establishment An advisory council, to be known as the Canadian Statistics Advisory Council, is established to advise the Minister and Chief Statistician in a transparent manner on any question that either of them has referred to the Council on the overall quality of the national statistical system, including the relevance, accuracy, accessibility and timeliness of its data; and to make public an annual report on the state of the national statistical system. Membership The Council is composed of, in addition to the Chief Statistician, not more than 10 other members appointed by the Governor in Council to hold office during pleasure, including one Chairperson. Ex officio The Chief Statistician is an ex officio member of the Council. Tenure of Chairperson The Chairperson is appointed to a term of not more than five years and may be reappointed for an additional term of three years. Tenure of other members The other members are appointed to a term of three years and may be reappointed for an additional term of three years. Remuneration and expenses The members appointed under subsection (2) shall be paid the remuneration that is fixed by the Governor in Council and are entitled to be paid any reasonable travel and living expenses that are incurred while absent from their ordinary place of residence in the course of performing their duties under this Act. No discrimination The Governor in Council, the Minister and the Chief Statistician shall not, in the execution of the powers conferred by this Act, discriminate between individuals or companies to the prejudice of those individuals or companies. Use of sampling methods Despite any other provision of this Act, the Chief Statistician may authorize the use of sampling methods for the collection of statistics. Arrangements with provincial governments The Minister may enter into any arrangement with the government of a province providing for any matter necessary or convenient for the purpose of carrying out or giving effect to this Act, and in particular for all or any of the following matters: the execution by provincial officers of any power or duty conferred or imposed on any officer pursuant to this Act; the collection by any provincial department or provincial officer of any statistical or other information required for the purpose of this Act; and the supplying of statistical information by any provincial department or provincial officer to the Chief Statistician. Provincial officers All provincial officers executing any power or duty conferred or imposed on any officer pursuant to this Act, in pursuance of any arrangement entered into under this section, shall, for the purposes of the execution of that power or duty, be deemed to be employed under this Act. Agreements with provincial governments The Minister may, with the approval of the Governor in Council and subject to this section, enter into an agreement with the government of a province for the exchange with, or transmission to, a statistical agency of the province of replies to any specific statistical inquiries; replies to any specific classes of information collected under this Act; and any tabulations and analyses based on replies referred to in paragraph (a) or (b). Type of statistical agency An agreement with a province for the purposes of this section shall apply only in respect of a statistical agency of the province that has statutory authority to collect the information that is intended to be exchanged or transmitted pursuant to the agreement from a respondent who is subject to statutory penalties for refusing or neglecting to furnish information to the agency or for falsifying information furnished by him to the agency; that is prohibited by law from disclosing any information of a kind that Statistics Canada, its officers and employees would be prohibited from disclosing under section 17, if the information were furnished to Statistics Canada; and whose officers and employees are subject to statutory penalties for the disclosing of any information of the kind described in paragraph (b), subject to exceptions authorized by law that are substantially the same as those provided under section 17. Non-application of agreement Except in respect of information described in subsection 17(2), no agreement entered into under this section applies to any reply made to or information collected by Statistics Canada or an agency of the government of a province before the date that the agreement was entered into or is to have effect, whichever is the later date. Informing respondent Where any information in respect of which an agreement under this section applies is collected by Statistics Canada from a respondent, Statistics Canada shall, when collecting information, advise the respondent of the names of any statistical agencies in respect of which the Minister has an agreement under this section and to which the information received from the respondent may be communicated under that agreement. Sharing of information The Minister may enter into an agreement with any department or municipal or other corporation for the sharing of information collected from a respondent by either Statistics Canada or the department or corporation on behalf of both of them and for the subsequent tabulation or publication based on that information. Agreement An agreement under subsection (1) shall provide that the respondent be informed by notice that the information is being collected on behalf of Statistics Canada and the department or corporation, as the case may be; and where the respondent gives notice in writing to the Chief Statistician that the respondent objects to the sharing of the information by Statistics Canada, the information not be shared with the department or corporation unless the department or corporation is authorized by law to require the respondent to provide that information. What information may be shared Information shared pursuant to this section may, subject to subsection (2), include replies to original inquiries and supplementary information provided by a respondent to Statistics Canada or the department or corporation. Access to records A person having the custody or charge of any documents or records that are maintained in any department or in any municipal office, corporation, business or organization, from which information sought in respect of the objects of this Act can be obtained or that would aid in the completion or correction of that information, shall grant access thereto for those purposes to a person authorized by the Chief Statistician to obtain that information or aid in the completion or correction of that information. Evidence of appointment Any letter purporting to be signed by the Chief Statistician or any person who may be authorized to do so by the Chief Statistician that gives notice of an appointment or removal of, or that sets out any instructions to, a person employed in the execution of any duty under this Act is evidence of the appointment, removal or instructions and that the letter was signed and addressed as it purports to be. Presumption Any request for information purporting to be authorized for the taking of a census or the collection of statistics or other information and presented as such by a person employed in the execution of any duty under this Act is presumed, in the absence of evidence to the contrary, to have been made by the proper authority. Remuneration The Minister shall, subject to the approval of the Governor in Council, cause to be prepared one or more tables setting forth the rates of remuneration or allowances for commissioners, enumerators and other persons employed under this Act, which may be a fixed sum, a rate per diem or a scale of fees, together with allowances for expenses. Condition of payment Full remuneration or allowance shall not be paid to any person referred to in subsection (1) for any service performed in connection with this Act until the service required of the person has been faithfully and entirely performed. Prohibition against divulging information Except for the purpose of communicating information in accordance with any conditions of an agreement made under section 11 or 12 and except for the purposes of a prosecution under this Act but subject to this section, no person, other than a person employed or deemed to be employed under this Act, and sworn under section 6, shall be permitted to examine any return or identifying information obtained for the purposes of this Act; and no person who has been sworn under section 6 shall disclose or knowingly cause to be disclosed, by any means, any information obtained under this Act in a manner that it is possible from the disclosure to relate the information obtained to any identifiable individual person, business or organization. Exception to prohibition The Chief Statistician may, by order, authorize the following information to be disclosed: information collected by persons, organizations or departments for their own purposes and communicated to Statistics Canada before or after May 1, 1971, but that information when communicated to Statistics Canada shall be subject to the same secrecy requirements to which it was subject when collected and may only be disclosed by Statistics Canada in the manner and to the extent agreed on by the collector thereof and the Chief Statistician; information relating to a person or organization in respect of which disclosure is consented to in writing by the person or organization concerned; information relating to a business in respect of which disclosure is consented to in writing by the owner for the time being of the business; information available to the public under any statutory or other law; information relating to any hospital, mental institution, library, educational institution, welfare institution or other similar non-commercial institution except particulars arranged in such a manner that it is possible to relate the particulars to any individual patient, inmate or other person in the care of any such institution; information in the form of an index or list of individual establishments, firms or businesses, showing any, some or all of the following in relation to them: their names and addresses, the telephone numbers at which they may be reached in relation to statistical matters, the official language in which they prefer to be addressed in relation to statistical matters, the products they produce, manufacture, process, transport, store, purchase or sell, or the services they provide, in the course of their business, or whether they are within specific ranges of numbers of employees or persons engaged by them or constituting their work force; and information relating to any carrier or public utility. In this section, carrier means any person or association of persons that owns, operates or manages an undertaking that carries or moves persons or commodities by any form of land, sea or air transport; (transporteur) public utility means any person or association of persons that owns, operates or manages an undertaking for the supply of petroleum or petroleum products by pipeline, for the supply, transmission or distribution of gas, electricity, steam or water, for the collection and disposal of garbage or sewage or for the control of pollution, for the transmission, emission, reception or conveyance of information by any telecommunication system, or for the provision of postal services. (entreprise d’utilité publique) Privileged information — inadmissibility as evidence Except for the purposes of a prosecution under this Act, any return and any identifying information provided to Statistics Canada under this Act and any copy of a return in the possession of a respondent is privileged and shall not be used as evidence in any proceedings. Privileged information — person sworn A person sworn under section 6 shall not, by an order of any court, tribunal or other body, be required in any proceedings to give oral testimony with respect to information obtained in the course of administering this Act or to produce any return or identifying information obtained. Application of section This section applies in respect of any information that Statistics Canada is prohibited by this Act from disclosing or that may only be disclosed pursuant to an authorization under subsection 17(2). Census — disclosure after 92 years The information contained in the returns of each census of population taken between 1910 and 2005, as well as the information contained in the returns and the identifying information obtained in each census of population taken in or after 2021, is no longer subject to sections 17 and 18 ninety-two years after the census is taken. Census and survey — disclosure with consent The information contained in the returns of each census of population taken in 2006, 2011 and 2016 and the 2011 National Household Survey is no longer subject to sections 17 and 18 ninety-two years after the census or survey is taken, but only if the person to whom the information relates consents, at the time of the census or survey, to the release of the information ninety-two years later. Library and Archives of Canada When sections 17 and 18 cease to apply to information referred to in subsection (1) or (2), the information shall be placed under the care and control of the Library and Archives of Canada. Population census A census of population of Canada shall be taken by Statistics Canada in the month of June in the year 1971, and every fifth year thereafter in a month to be fixed by the Governor in Council. Counts of electoral divisions The census of population shall be taken in such a manner as to ensure that counts of the population are provided for each federal electoral district of Canada, as constituted at the time of each census of population. Decennial census A reference in any Act of Parliament, in any order, rule or regulation or in any contract or other document made thereunder to a decennial census of population shall, unless the context otherwise requires, be construed to refer to the census of population taken by Statistics Canada in the year 1971 or in any tenth year thereafter. Agriculture census A census of agriculture of Canada shall be taken by Statistics Canada in the year 1971 and in every tenth year thereafter; and in the year 1976 and in every tenth year thereafter, unless the Governor in Council otherwise directs in respect of any such year. Census questions The Governor in Council shall, by order, prescribe the questions to be asked in any census taken by Statistics Canada under section 19 or 20. Every order made under subsection (1) shall be published in the Canada Gazette not later than thirty days after it is made. General statistics Without limiting the duties of Statistics Canada under section 3 or affecting any of its powers or duties in respect of any specific statistics that may otherwise be authorized or required under this Act, the Chief Statistician shall collect, compile, analyse, abstract and publish statistics in relation to all or any of the following matters in Canada: population; agriculture; health and welfare; law enforcement, the administration of justice and corrections; government and business finance; immigration and emigration; education; labour and employment; commerce with other countries; prices and the cost of living; forestry, fishing and trapping; mines, quarries and wells; manufacturing; construction; transportation, storage and communication; electric power, gas and water utilities; wholesale and retail trade; finance, insurance and real estate; public administration; community, business and personal services; and any other matters prescribed by the Minister or by the Governor in Council. Coding system for goods The Chief Statistician shall establish a coding system for goods imported into and exported from Canada to enable the Chief Statistician to collect, compile, analyse, abstract and publish statistics in relation to those goods. Publication in Canada Gazette The Coding System shall be published in Part I of the Canada Gazette. Request for information by any method The requests for information prescribed under section 7 may be made by any method authorized by the Chief Statistician. Duty to provide information A person to whom a mandatory request for information is made shall provide the information to Statistics Canada, properly certified as accurate, not later than the time prescribed by the Chief Statistician and indicated to the person or not later than the extended time that may be allowed in the discretion of the Chief Statistician. Returns under Income Tax Act For the purposes of this Act and subject to section 17, the Chief Statistician or any person authorized by the Chief Statistician to do so may inspect and have access to any returns, certificates, statements, documents or other records obtained on behalf of the Minister of National Revenue for the purposes of the Income Tax Act or Part IX of the Excise Tax Act, and the Minister of National Revenue shall cause the returns, certificates, statements, documents, or other records to be made available to the Chief Statistician or person authorized by the Chief Statistician to inspect the records, in such manner and at such times as the Governor in Council may prescribe on the recommendation of the Minister and the Minister of National Revenue. Return of exports and imports from Customs For the purposes of this Act and subject to section 17, the Minister of Public Safety and Emergency Preparedness shall cause to be sent to the Chief Statistician returns of imports and exports into and from Canada and details of the means of transportation used therefor, in such manner and at such times as the Governor in Council may prescribe on the recommendation of the Minister and the Minister of Public Safety and Emergency Preparedness. Courts to furnish criminal statistics The clerk of every court or tribunal administering criminal justice or, if there is no clerk, the judge or other functionary presiding over the court or tribunal shall, at the times, in the manner and for the periods that the Chief Statistician may establish, transmit the information requested by the Minister relating to the criminal business transacted in the court or tribunal. Wardens and sheriffs The warden of every penitentiary and reformatory and the sheriff of every county, district or other territorial division shall, at the times, in the manner and for the periods that the Chief Statistician may establish, transmit the information requested by the Minister relating to the prisoners committed to any penitentiary, reformatory or jail under their charge or within their jurisdiction. Records Every person who is required to transmit any information mentioned in section 26 or 27 shall from day to day make and keep entries and records of the particulars used to respond to requests for information made to them. Pardons The Minister of Public Safety and Emergency Preparedness shall cause to be transmitted to the Chief Statistician, at the times and for the periods that the Chief Statistician may establish, the information requested by the Minister relating to the cases in which the prerogative of mercy has been exercised. Desertion or false declaration Every person who, after taking the oath set out in subsection 6(1), deserts from his duty, or wilfully makes any false declaration, statement or return in the performance of his duties, in the pretended performance of his duties, obtains or seeks to obtain information that the person is not duly authorized to obtain, or contravenes subsection 17(1) is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both. False or unlawful information Every person is guilty of an offence and liable on summary conviction to a fine of not more than $500 who, without lawful excuse, refuses or neglects, following a request for information under this Act, to provide any requested information to the best of their knowledge and belief, or to provide any requested information when and as required under this Act; or knowingly gives false or misleading information or practises any other deception under this Act. Refusal to grant access to records Every person is guilty of an offence and liable on summary conviction to a fine of not more than $1,000 who, having the custody or charge of any documents or records that are maintained in any department or in any municipal office, corporation, business or organization, from which information sought in respect of the objects of this Act can be obtained or that would aid in the completion or correction of the information, refuses or neglects to grant access to the information to any person authorized for the purpose by the Chief Statistician, or who otherwise in any way wilfully obstructs or seeks to obstruct any person employed in the execution of any duty under this Act. No imprisonment Despite subsection 787(1) of the Criminal Code, no imprisonment may be imposed as punishment for a conviction under section 31 or 32. Leaving notice at house The leaving by an enumerator, agent or other person employed or deemed to be employed under this Act, or the delivery by the post office at any house, of any request for information purporting to be made under this Act that includes a notice requiring that the information be provided in the manner specified and within a stated time to Statistics Canada by the occupant of the house, or in their absence by some other member of the family, is, as against the occupant, a sufficient requirement to provide the information even if the occupant is not named in the notice nor personally served with it. Leaving notice at office The leaving by an enumerator, agent or other person employed or deemed to be employed under this Act at the office or other place of business of any person, or the delivery by the post office to any person or their agent, of any request for information purporting to be made under this Act that includes a notice requiring that the information be provided in the manner specified and within a stated time to Statistics Canada is, as against the person, a sufficient requirement to do so. Disclosing secret information wilfully discloses or divulges directly or indirectly to any person not entitled under this Act to receive the same any information obtained by him in the course of his employment that might exert an influence on or affect the market value of any stocks, bonds or other security or any product or article, or uses any information described in paragraph (a) for the purpose of speculating in any stocks, bonds or other security or any product or article is guilty of an offence and liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding five years or to both. Personation of Statistics Canada employee Every person who personates an employee of Statistics Canada for the purpose of obtaining information from any person, or represents himself to be making an inquiry under the authority of this Act when the person is not an officer, employee or agent of Statistics Canada, Application of fines All fines imposed pursuant to this Act belong to Her Majesty in right of Canada and shall be paid to the Receiver General. Limitation period Any proceedings by way of summary conviction in respect of an offence under this Act may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose. Review by parliamentary committee No later than two years before the taking of the third census of population under section 19 of the Statistics Act after the coming into force of this Act, the administration and operation of subsection 18.1(2) of the Statistics Act, as enacted by section 1, shall be reviewed by any committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for that purpose. Report The committee shall submit a report to the Senate, the House of Commons or both Houses of Parliament, as the case may be, in relation to the review that includes a statement of any changes to the administration of subsection 18.1(2) of the Statistics Act, as enacted by section 1, that the committee recommends. The Chief Statistician holding office immediately before the coming into force of this Act shall continue to hold office during pleasure until an appointment is made under subsection 4(1) of the Statistics Act, as enacted by section 2 of this Act.