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Bill S-13

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2nd Session, 37th Parliament,
51-52 Elizabeth II, 2002-2003

Senate of Canada

BILL S-13

An Act to amend the Statistics Act

R.S., c. S-19

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

1. Section 17 of the Statistics Act is amended by adding the following after subsection (3):

Exception to prohibition - genealogical and historical research

(4) The information contained in the returns of any census of population taken between 1910 and 2003 may, starting ninety-two years after the census is taken, be examined by

    (a) a person wishing to conduct genealogical research on their own behalf or, where authorized by another person, on behalf of that other person, if the person who will conduct the research signs an undertaking in the form prescribed by regulation; or

    (b) a person wishing to conduct historical research if

      (i) their research project is approved by a person who is a member of a category of persons prescribed by regulation, and

      (ii) they sign an undertaking in the form prescribed by regulation.

Assessment

(5) In deciding whether to approve a historical research project, a person must assess the public and scientific value of the research.

Compliance with undertaking

(6) A person who signs an undertaking under subsection (4) shall comply with the undertaking.

Exception to prohibition - 112 years after census

(7) The information contained in the returns of any census of population taken between 1910 and 2003 may, starting one hundred and twelve years after the census is taken, be examined by anyone.

Exception to prohibition - census in 2006 or later

(8) The information contained in the returns of any census of population taken in 2006 or later may, starting ninety-two years after the census is taken, be examined by anyone if the person to whom the information relates had, at the time of the census, given their consent to disclosure of that information.

Disclosure

(9) A person who examines information under subsection (7) or (8) may disclose that information.

National Archives of Canada

(10) The returns of each census referred to in subsection (4) or (8) shall, ninety-two years after the census is taken, be transferred to the National Archives of Canada in order to permit their examination under subsection (4), (7) or (8).

2. The Act is amended by adding the following after section 17:

Regulations

17.1 (1) The Governor in Council may, on the recommendation of the Minister and the Minister of Canadian Heritage, make regulations

    (a) prescribing the forms of undertaking for the purposes of paragraph 17(4)(a) and subparagraph 17(4)(b)(ii); and

    (b) prescribing categories of persons for the purposes of subparagraph 17(4)(b)(i).

Use and disclosure

(2) A form of undertaking prescribed under paragraph (1)(a) may include conditions relating to the use and disclosure of the information to which the undertaking relates.

3. The Act is amended by adding the following after section 35:

Unauthorized disclosure

35.1 Every person who contravenes subsection 17(6) is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars.

Coming into force

4. This Act comes into force on a day to be fixed by order of the Governor in Council.

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