An Act to amend the Statistics Act

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Navdeep Bains  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Statistics Act to strengthen the independence of Statistics Canada, including by providing for the appointment of the Chief Statistician to hold office during good behaviour and by assigning to the Chief Statistician the powers related to methods, procedures and operations of Statistics Canada. It also establishes a transparent process to issue directives to the Chief Statistician concerning those methods, procedures and operations or the statistical programs. In addition, it establishes the Canadian Statistics Advisory Council, no longer requires the consent of respondents to transfer their Census information to Library and Archives Canada and repeals imprisonment as a penalty for any offence committed by a respondent. Finally, it amends certain provisions by modernizing the language of the Act to better reflect current methods of collecting statistical information.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Statistics ActGovernment Orders

January 30th, 2017 / 12:50 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I was intrigued by one of the responses the member made to my question. She implied that many Canadians were lying on their census forms because they were getting frustrated with the number of questions. To what degree does the member believe that was a problem, or was that purely speculation on her part? How did she become aware of that serious issue? If that is the case, has the member advanced her concerns to Statistics Canada?

Statistics ActGovernment Orders

January 30th, 2017 / 12:50 p.m.
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Conservative

Diane Finley Conservative Haldimand—Norfolk, ON

Mr. Speaker, when we are not sitting in this chamber, we are often back in our ridings meeting with people. We hear from our constituents, whether it is on a formal basis in our office or at events that we attend.

Usually at the time year when census forms come around, people bring that up in conversation. It did disturb me that so many of my constituents and people from whom I heard had concerns about the scope of the questions, and about what they perceived as the invasion of their privacy with those questions, particularly when the questions were taken in the aggregate.

These are anecdotal stories, but they are enough to cause me some concern. I do hear them. I have heard them over many years. That is something we need to be very cognizant of whenever surveys are being designed; otherwise, the quality of the data just will not be there.

We have to make sure that Canadians are encouraged to provide full, complete, and accurate data so that in turn when they need it for business decisions or personal planning, they will have access to good quality data that is relevant, reliable, and accurate.

Statistics ActGovernment Orders

January 30th, 2017 / 12:50 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I just want to bring the member's attention to a story that was in Maclean's in 2015, which talked about the small town of Melville in Saskatchewan, where fewer than 50% of the one-third of people in that town actually completed the voluntary census. As a result, it became a statistical ghost town. They knew how many people lived there, but not how many people were unemployed, who lived in poverty, who were immigrants, single, divorced, and so on.

The member talked about the fact that we need to have all this reliable data, but it was her government's actions that resulted in this town becoming a ghost town. We did not know anything about it. I appreciate the member's support of statistical reliability now, but I am just wondering how she meshes that with the previous government's actions that resulted in this actually happening.

Statistics ActGovernment Orders

January 30th, 2017 / 12:55 p.m.
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Conservative

Diane Finley Conservative Haldimand—Norfolk, ON

Mr. Speaker, we always want to make sure that we have good quality, reliable data, but we also need to protect the rights, the privacy, and the privileges of Canadians. That is our objective here today, to make sure that any changes in this bill are going to pursue those objectives, and not just pursue them but achieve those objectives.

We have to have good quality data. If we do not, then we will be in trouble in a whole lot of ways.

Statistics ActGovernment Orders

January 30th, 2017 / 12:55 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I am pleased to rise again to talk about the Canadian census. There have been several debates on this issue over the last number of years, and Bill C-36 is the latest machination of that.

Basically, the census is a particularly important piece of information gathering that is critical for our economic, social, and societal planning. It is important to note that information collecting through the census is important for not only its particular use but also for other surveys and other types of public opinion research that are done on a multitude of issues, where the census is used to backstop those types of surveys, whether on agriculture, economics, public housing, or transit. As well, the census is important for our democracy. The fact is that it helps generate the information necessary for everything from locations and geography of where and how people live to the distribution of seats here in the House of Commons, as well as ensuring that different population-analysis requirements are looked at; for example, on issues of urban transit planning more recently, but also the use of land in Canada.

There is no doubt that there are dozens upon dozens of Canadian professional associations that support a solid, robust census: one that remains independent, protects personal privacy, and can be valuable, as well patterned so we can look at historical changes in all of the areas I mentioned before.

The challenge we have had in the previous Harper administration, the current one now to some degree, and more importantly, the past Liberal regimes has been the inconsistencies and anomalies from playing politics with the census.

The first I would mention is the ideological drive by the Liberals to outsource public service jobs. That was essentially the first attack on the census, in the sense that we had one of the best-recognized information gathering and census distribution systems in the world. In fact, I participated in the year 2000 complete count as a city councillor, because the area that I represented often had a lot of people with different languages, some of them had not become Canadian citizens at that time, and others were not part of the community because of university and college during the full time of when the census was distributed and when it was returned. As well, we had the fact of absentee and other landlords who decided not to respond to the census. That was during the Chrétien regime, and there was an attempt in a number of small areas, ones that I represented as councillor, to improve that so we did not miss out on opportunities to improve the interaction and activity with government. Then the Right Hon. Herb Gray represented the riding, and it was a good indication and a good measure of working together with the city and with me as a councillor on how to improve the response rate, which was less than 50%.

All that connects to Bill C-36 and what has taken place since that time, because I come from a time when it was not politicized. We saw that when the Martin regime of the Liberals wanted to privatize the census, it disrupted the long-standing and secure foundation that was set up nearly two decades before that, with regard to its implementation. In fact, Canada was often touted as one of those places to examine for census improvement.

However, the outsourcing to a private arms manufacturing company that was doing other privatization measures across the globe created certain problems when it actually went to implement that. First was the intervention of the Patriot Act in the United States. The Patriot Act breached Canadian privacy regulations because under the Patriot Act, U.S. companies are not allowed to tell clients that they are actually giving their information to the federal government of the United States.

Therefore, when the attempt was made to outsouce this to Minneapolis, if my memory serves me correctly, there was a long battle that took place in this House of Commons, with us as New Democrats, to retain that information in Canada. In fact, the contract ended up having to be amended so that the information was retained here.

Then we entered into the age of this outsourcing, which clearly became a problem for the many Canadians who were not supportive of it. However, we did not have the census in headlines until that time.

If we move forward to the next set of governments under the Harper administration, we quickly go through a number of different problems that emerged, the first and foremost being the move to a small census that was not mandatory. The challenge there and the outrage that we heard from a number of different scientific-based organizations, universities, and colleges with research capabilities was not only that the census information was at risk but that there was no doubt a break in the lineage that could be used to make further assessments and the continuity that was not there because we moved away from a long form stable census to that of a short-term short form one that certainly did not cut the mustard in any way, shape, or form. It became a controversy in the House of Commons for a number of years, eventually leading to the resignation of Munir Sheikh, who was the previous census chief executive officer. We have had other resignations since because there has been quite a connection between the political office and that of the census office.

I think that something of primary importance to Canadians is the recognition that we have—

Statistics ActGovernment Orders

January 30th, 2017 / 1 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

Order please. Although it is nice to see everyone back from our break and wanting to speak, all of the excitement is causing me a little difficulty in hearing the person who is speaking. Therefore, I want to remind everyone that there is someone speaking, and if they are having a conversation, to take it outside or into the lobby unless they are whispering.

The hon. member for Windsor West.

Statistics ActGovernment Orders

January 30th, 2017 / 1 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I think everyone will be enthralled by my speech and will remain in the House, hopefully, to participate in debate.

It is important to note that, on the issue of the transition and politicalization, it was a challenge for our country, and it has been a loss. Here is where I would give the previous Liberals some credit. It was a co-campaign, as New Democrats and Liberals fought about some of these things. There were lots of shiny things thrown out there to follow. Most important is the one being addressed in Bill C-36, jail time. It was certainly one of those things that was seen as raw meat on the issue, thrown out by the Harper administration, quite embarrassingly, because we found that the facts did not basically matter in that debate. Bill C-36 would get rid of jailing individuals for non-completion and non-compliance with the census.

When we think about all the court cases and issues that we are dealing with right now and the challenges, we see there are several issues that I will not get into but are highly complex. However, the reality is that we have a serious issue with them. Trying to send someone to jail for not filling out a census form is not the appropriate use of public enforcement or our court system, and in general, not an appropriate way to convince people that the census is a value added for them, their families, and our country. I support wholeheartedly the elimination of that distraction and shiny bauble that is thrown out from time to time. It really was quite an interesting situation.

The problem we have with the census is still the independence issue, and we will see it at committee. One of the things I have raised at committee is the insinuation that there is a 92% response rate. I have not had a satisfactory response to the 92%, and we are still waiting for information on it. That would be helpful, coming from either the census or the minister's office. As I understand it right now with the system we have in place, essentially they could be counting full census applications, returns, or notes saying “no, I do not want to participate” stuffed in an envelope and sent back. We do not know the full extent, but at least there has been a high participation rate.

One of the other things is an understanding of privacy and when the information is released. That is critical. There is going to be a release after 92 years, and there are rules with that. That may sound irrelevant upfront, but I know from speaking with a lot of the community that there are people who are worried about their privacy and the use of that information. Having confidence is very important, so the 92-year set example is critical for us to ensure that. This way, there is no distinguishable difference. People will understand that, if they want to change the 92 years, there has to be amendment to legislation, and if there is amendment to legislation it would require a process in the House of Commons, a separate bill that would have to go through the Senate as well. There would at least be some stability there and some protection. Even though it might sound trivial, there are a lot of people concerned about the 92 years.

I mentioned that one of the troubling aspects we still have is around the concentration of power to the minister. It is diminished in the bill to some degree, but it would not separate it from Shared Services. It would accumulate and dominate any information sharing out there. We would like to see the preservation of the census independence. Shared Services Canada is one of the reasons Mr. Smith, the latest chief statistician, has decided to leave the position. Therefore, at committee we will be looking at an amendment or change to continue to improve that type of independence.

As New Democrats, we value the public service, not only in terms of saying that but also in delivering on that. It is the central backbone of how we actually do business and operations.

I have been at committee when we have had chief executive officers complain about not getting their subsidies, because they want this incentive from a program or this other tax break or this other measure in place.

It is interesting. A lot who often complain that the government has to get out of the way are often the first to come and ask for something. In fact, I cannot remember a lobby situation by any business in my office or at committee that did not have a request attached to it. That is fine. That is fair, but they had also been actively lobbying about the elimination of the so-called fat in the public service, and they were complaining that they could not get stuff done, because there were not enough people. I question the fact that they had been champions of diminishing this group, and now that they could not get their paperwork done without assistance, their tactics were shameful.

This connects, very importantly, to the Phoenix situation we have right now. In this Liberal administration, there is disdain and a lack of concentration by a government that is more worried about where it goes, how it parties, and how it plans its next wave than about actually paying employees. There is no doubt that the Phoenix situation has gotten worse under the current administration, but there is a connection to the Conservatives. They cannot get out of that.

Statistics ActGovernment Orders

January 30th, 2017 / 1:10 p.m.
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Liberal

The Assistant Deputy Speaker Liberal Anthony Rota

I just want to make sure everyone understands that there is a presentation being made. Someone is speaking in the House, and out of respect, if members do not mind, I would like to hear what that person has to say. If members want to have a conversation, either whisper or take it into the lobby. Thank you.

The hon. member for Windsor West.

Statistics ActGovernment Orders

January 30th, 2017 / 1:10 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I know it is a sensitive matter when we, as a government, do not pay our public servants for the work we are trying to have them do. I can appreciate that sensitivity on the other side of this debate. They have allowed the situation to fester. That is the reality. We are continually asking our public service to work on legislation like this, including Statistics Canada people, organizers, and workers who have not had their proper pay.

I notice some Liberals are laughing right now at this. They are making fun, probably, of it. I do not think it is fair that people who have to send their children off to school, make plans, and go into work every single day and who have signed a contract of agreement on remuneration are not being paid.

Their continued laughter about this is sad. It is sad, because those are real lives. They are asking them to help contribute to the organizational structure and disbursement of income in Canada. The laughter is continuing. It will not distract me from the fact that Liberals are responsible for making sure that this situation has not improved. Is that the way they want to operate and conduct themselves, by laughing at public servants not being paid?

I just heard the word “bull” something. Apparently I do not even have the attention of the Speaker right now. I just heard foul language from a member of the Liberals over there, the word “bull”. I can finish it if you like, to get attention. I would be happy to do so.

Statistics ActGovernment Orders

January 30th, 2017 / 1:10 p.m.
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Liberal

The Speaker Liberal Geoff Regan

I encourage all members to exercise restraint in the language they are using.

The member for Windsor West has the floor.

Statistics ActGovernment Orders

January 30th, 2017 / 1:10 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I do not care if foul language is used against me. I do not care if people are laughing at me on the other side when I talk about workers and their not getting paid. It will not bother me. It will not stop me from talking about these issues in the House of Commons.

We should not have to do that in this place. It should not be the case, but I cannot even get the attention of the Speaker, as is the case right now.

I will just continue, basically, because the microphone is on, to talk about other things until we actually get a resolution to the sad state of affairs in this House right now, which I have never seen in, basically, the 15 years I have been here.

The fact of the matter is that when “bull s” is said to me on a regular basis, and we have continued laughter from the Liberals about me, infringing on my privilege and my time to discuss something very important, and we have no intervention of seriousness from you, it is a disgrace to democracy.

In fact, I think that the tapes of this should be used and should be looked at, and the conduct, on a regular basis, because I can barely speak in this manner. I have been totally using my time for the last five—

Statistics ActGovernment Orders

January 30th, 2017 / 1:10 p.m.
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Liberal

The Speaker Liberal Geoff Regan

The hon. member for Windsor West will take his seat for a moment.

The member referred to a comment from the other side, but he did not indicate who allegedly made this comment. I did not hear the comment. We can review Hansard for this or the blues. I certainly did not hear it. I call upon members very seriously to restrain themselves in their comments.

We have come to the time to move on to the next item.

It being 1:15 p.m., according to an order made earlier this day, the House will now proceed to Statements by Ministers. The Right Hon. Prime Minister.

The House resumed consideration of the motion that Bill C-36, an act to amend the Statistics Act, be read the second time and referred to a committee.

Statistics ActGovernment Orders

January 30th, 2017 / 1:40 p.m.
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Liberal

The Speaker Liberal Geoff Regan

I wish to inform the House that because of ministerial statements, government orders will be extended by 23 minutes.

The hon. member for Windsor West has two and a half minutes remaining in his speech on debate.

I would ask members to keep very quiet.

The hon. member for Windsor West.

Statistics ActGovernment Orders

January 30th, 2017 / 1:40 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Mr. Speaker, I come from Windsor West, an area which has a significant Muslim population as well as a significant connection with our American cousins on the U.S. side, friends, families and neighbours. With the presidential ban and this heinous act, the last 48 hours have been very difficult. It is important for us at this time to at least have this House carry voices in a way that we can actually talk. I do not believe that has been my experience here this morning. It is sad that I have had to fight to have my say in this chamber. I hope other members at some point reflect on what has taken place this morning.

I will conclude with that, because I have fought long and hard many times to be in this chamber, and to have people swear at me and laugh I do not think is appropriate in this place.