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Bill C-312

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1st Session, 37th Parliament,
49-50 Elizabeth II, 2001

House of Commons of Canada

BILL C-312

An Act to amend the Statistics Act and the National Archives of Canada Act (census records)

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.S., c. S-19

STATISTICS ACT

1. The Statistics Act is amended by adding the following after section 21:

Definition

21.1 (1) In this section, ``record'' has the same meaning as in section 2 of the National Archives of Canada Act.

Records conservation

(2) Statistics Canada shall conserve all records from every

    (a) population census taken under section 19;

    (b) agriculture census taken under section 20; and

    (c) population and agriculture census taken prior to 1971.

Records disposal

(3) With the consent of the National Archi vist of Canada, obtained as required under section 5 of the National Archives of Canada Act, the Chief Statistician may destroy or dispose of census records, including individu al census returns, but only after all of the information contained in the record has been transferred to an alternative recording me dium.

Records transfer

(4) Before the expiration of thirty calendar years following the year in which a census referred to in subsection (2) was taken, or at such earlier time as may be agreed to by the Chief Statistician and the National Archivist of Canada, the Chief Statistician shall transfer to the care and control of the National Archivist, under section 6 of the National Archives of Canada Act, all records referred to in paragraphs (2)(a) and (b).

Pre-1971 records transfer

(5) Before the expiration of two years after the coming into force of this section, or at such earlier time as may be agreed to by the Chief Statistician and the National Archivist of Canada, the Chief Statistician shall transfer to the care and control of the National Archivist, under section 6 of the National Archives of Canada Act, all records referred to in para graph (2)(c).

R.S., c. 1 (3rd Supp.)

NATIONAL ARCHIVES OF CANADA ACT

2. The National Archives of Canada Act is amended by adding the following after section 7:

Importance of census records

7.1 (1) The information in census records transferred to the care and control of the Archivist under section 21.1 of the Statistics Act is deemed to be of permanent historic and archival importance.

Permanence of census records

(2) Notwithstanding subsection 4(3), cen sus records referred to in subsection (1) may not be transferred, destroyed or disposed of unless all of the information contained in the record has been transferred to an alternative recording medium.

Confidentialit y

7.2 (1) Neither the Archivist, nor any person acting on behalf of the Archivist, shall dis close personal information in census records, except

    (a) to the Chief Statistician of Canada and to persons authorized by order of the Chief Statistician under subsection 17(2) of the Statistics Act; or

    (b) as authorized by this section.

Access

(2) When 92 calendar years have elapsed following the year in which a census was taken, the Archivist shall provide public access to the records of the census for statistical purposes, for historical, genealogi cal or scientific research purposes, or for such other research purpose as the Archivist may establish.

Reasonable terms

(3) The access referred to in subsection (2) shall be subject to such reasonable terms and conditions as the Archivist may establish that are consistent with the purposes of this Act.

Definition

7.3 (1) In this section, ``personal informa tion'' has the same meaning as in section 3 of the Privacy Act.

Objections

(2) An individual may object to the Archi vist to the disclosure of any personal informa tion provided by that individual in the course of a census.

Require-
ments

(3) An objection under subsection (2) must be in writing and is valid if

    (a) the objection is received by the Archi vist during the 92nd calendar year follow ing the year in which the census was taken;

    (b) the objection contains sufficient particu lars to permit the Archivist to identify the personal information to which the objection relates; and

    (c) in the opinion of the Archivist, the disclosure of the personal information would constitute an unwarranted invasion of the privacy of the individual to whom the information relates.

Protected information

(4) Notwithstanding subsection 7.2(2), the Archivist, upon receiving a valid written objection made under this section, shall not disclose the personal information referred to in the objection.

Deemed consent

(5) Every individual who filed a return in a census and in respect of whom a valid written objection has not been made under this section is deemed, when 92 calendar years have elapsed following the year in which the census was taken, to have given an irrevocable consent to public access to the information as provided for in this Act.

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