An Act to amend the Statistics Act

This bill is from 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 has also written a full legislative summary of the bill.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-36s:

C-36 (2022) Law Appropriation Act No. 4, 2022-23
C-36 (2021) An Act to amend the Criminal Code and the Canadian Human Rights Act and to make related amendments to another Act (hate propaganda, hate crimes and hate speech)
C-36 (2014) Law Protection of Communities and Exploited Persons Act
C-36 (2012) Law Protecting Canada's Seniors Act
C-36 (2010) Law Canada Consumer Product Safety Act
C-36 (2009) Serious Time for the Most Serious Crime Act

Statistics ActGovernment Orders

June 20th, 2017 / 9:10 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, that is an excellent question. It is important to recognize the difference between that policy role and the operations.

We all recognize the importance of Statistics Canada and the fine work that it does. In fact, I started off my comments by complimenting Statistics Canada, which is an organization that is recognized around the world for the fine work that it does. Anything we can do to make it that much more arm's length in its operations, enabling that high level of expertise that it brings to the table, the healthier and more reliable the information it gathers will be.

I have trust and confidence, as I know our government does, in the fine work that it does. By allowing the distinction, by listening to what individuals like Professor Paul Thomas, and others, have to say, and making that difference, we will have a better collection of data, that is ultimately more reliable than what we currently have.

Statistics ActGovernment Orders

June 20th, 2017 / 9:10 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I want to follow up on my friend's comments about the Liberal approach to appointments.

It is quite evident that merely accepting applications from the public is not an open process if the results are baked in. In fact, all it is doing at that point is just leading people on and inviting them to use their time unproductively, if in fact all the government is doing is receiving these applications but then proceeding in a direction that is predetermined.

What we have seen in the way the Liberals have approached appointments, with respect to the Senate, is they have accepted applications, but then if we look at the voting record of those senators, we see less independence from their new appointees than we see from the people who were appointed as partisan Liberals.

Strikingly, on the one hand the government is defending this application process that it has for various appointments, but on the other hand there are people like Madeleine Meilleur put in place who clearly are there with a partisan background and reflecting that partisanship.

I wonder if the parliamentary secretary is willing to come clean on this point, and acknowledge that what we really have is a smokescreen. There is an application process that is designed to—

Statistics ActGovernment Orders

June 20th, 2017 / 9:10 p.m.

The Assistant Deputy Speaker Carol Hughes

In order to allow the parliamentary secretary to answer, I do have to cut the member off. I am sorry.

Statistics ActGovernment Orders

June 20th, 2017 / 9:10 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, there is no smokescreen here. It is very real. We invite Canadians to participate. I made reference to Kim Campbell as one example. There are other examples. Let us think about Malcolm Rowe, appointed to the Supreme Court of Canada, and the comments that were put on the record by the Conservative Party.

The Conservatives will try to spin it in whatever way they want, but at the end of the day there is a substantial difference between the way in which we make our appointments, which is open to all Canadians, and the old system under Stephen Harper and the way the Conservatives used to do it.

Statistics ActGovernment Orders

June 20th, 2017 / 9:10 p.m.

Conservative

Alex Nuttall Conservative Barrie—Springwater—Oro-Medonte, ON

Madam Speaker, it is an honour to rise to speak to Bill C-36 regarding Statistics Canada and some of the changes that are being proposed.

As a member of the industry committee, now known as innovation, science, and economic development, I have had a large opportunity to study the bill and ask questions of witnesses. We received testimony in person and in written form.

If the bill is proceeding, Conservatives certainly have some concerns. Those concerns stem from the activity of the Liberal government to date. The government has essentially said one thing and done another. It has to do with appointments and the narrative that was proposed in terms of an objective government. We have not seen that coming from the government benches to date. I would like to go through that over the next few minutes and outline where some of these concerns lie and what we need to do to ensure they are dealt with in the future.

I try to start every speech regarding a government bill with a reading of the government's throne speech because I believe it is a good measurement to determine whether the government is reaching its mandate or following the belief system it put in front of Canadians some 18 months ago. It states:

Let us not forget, however, that Canadians have been clear and unambiguous in their desire for real change. Canadians want their government to do different things, and to do things differently.

They want to be able to trust their government.

And they want leadership that is focused on the things that matter most to them.

Things like growing the economy; creating jobs; strengthening the middle class, and helping those working hard to join it.

The problem is that what we have seen, whether out of the government as a whole or out of Industry Canada, and the innovation minister specifically, when it comes to appointments, they are not non-partisan. They are in fact some of the most partisan appointments we have seen to date. We can look at whether we are changing the 30 individuals currently on the advisory committee and reducing that down to 10, or we can even look at the actual members who have been appointed to the innovation council by the innovation minister to date.

I looked at who was appointed to the innovation council, and it is quite striking. When we look at the 10 individuals who were appointed to the innovation council we might think one is a Liberal donor, or maybe two. However, we would be wrong. Maybe it is three. No, five of the 10 individuals appointed to the innovation council are Liberal donors, and many of them have donated time after time.

At committee, we tried to take this on, to understand what the criteria were to appoint members to this council, or any other advisory board, by the industry minister. Unfortunately, these were shot down and we were unable to truly look into them.

As we look forward to this new committee of 10 individuals, we must also take into consideration the regional distribution. Currently, there are up to 30 members. They represent the 10 provinces and the territories. Unfortunately, there are going to be three of those 13 that will not have representation anymore. Obviously, this is a major issue.

Regional distribution on these advisory committees is essential. It is essential because the questions we may be asking, or the information we may be looking for, is different. We have a very diverse, broad, and large country. The questions we may want answered in Newfoundland could be different from those in British Columbia, they could be different from those in Ontario, and certainly the territories probably strike their own set of questions they would like to see answered and data they would like to see brought together.

The innovation council was not the only council that was cooked with Liberal donors. We also had the Advisory Council on Economic Growth from the Minister of Finance, and obviously, we had the official languages commissioner, Madeleine Meilleur, which we saw play out in the media over the last few weeks. Certainly what we have seen to date is a government that is not afraid to put Liberals into the mechanics of government to cook the pie. The reality is, if the Liberal government bakes the StatsCan pie, it can then just feed it to the Canadian people.

There is a concern that we do not have enough separation between the Liberal government and the StatsCan job, which is going to be based on the change to the advisory council and the changes that would be brought through in this piece of legislation.

The question is what possible damage could be done based on partisanship and partisan appointments. The answer is clear. In the framing of questions, if the questions themselves and the data being requested were of a partisan nature, they could be used to influence the debates within this House and influence legislation coming forward from the government. They could be used to influence the public. The reality is that we need a complete and utter separation between the two. Unfortunately, what we have seen from this government to date is that it is not willing to hold a non-partisan tone when it comes to these types of appointments.

I will give a couple of examples. The most glaring is electoral reform. There were the questions asked by the government and the way they did it, this partisan approach to gathering data. If that type of mentality is taken into this new advisory council, I think it spells a lot of trouble for our Parliament, for StatsCan, and certainly for Canadians.

On pipelines, what questions and data could be requested and used in certain ways to influence the debate in this House? The opportunities to influence the outcome of debates using StatsCan are endless.

Certainly, when we go to tax policy and economic reform, we can see the opportunity for a partisan advisory council to influence the outcome of what is happening in this place, which would inevitably influence Canadians across the country, and not in a way we would be hoping for.

Innovation and StatsCan have had a couple of run-ins since the government took office. To be fair, one of them started prior to the government taking office. That was with the resignation of the chief statistician, Wayne Smith. Mr. Smith did not believe that StatsCan should be rolled into Shared Services Canada. He believed it so strongly that he in fact offered his resignation, which was eventually accepted by the Prime Minister.

I was reading a story a while ago. I remembered it and thought I should bring it to the House today. It is from the CBC, quoting Mr. Smith:

“I made clear that if I did resign it would be with the intention of making public my concerns. So that was my last desperate bid, I guess, to persuade the government to sit down and talk about this. Didn't work,” Smith said with a smile.

I really like that quote.

The reality is that we have an objective chief statistician saying to the government—both the previous government and the current government, so I do not want to be seen as partisan—that this is not going to work for Stats Canada. Unfortunately, that was not listened to.

It is interesting because Australia and the United Kingdom both had changes to IT services, and the goal in all three countries was to save money by bringing all of the IT needs within the different government departments to a single place and obviously find savings, efficiencies, and a better and more effective way to deliver services. Those two jurisdictions, however, opted out. They determined it was not the right way to do business for their statistics agencies, for two reasons. Number one was objectivity. They wanted to maintain the separation between Stats Canada, which provides the data to those governments, almost the same type of objectivity we are asking with the appointments process. Second, they wanted to ensure that there was a quality of service for Stats Canada because at any point a failure of the IT support services can result in lost data, and lost data obviously results in bad decision-making or the potential for bad decision-making.

On that note, there is another quote that Mr. Smith made on this exact subject in the same story:

If you can't process the data, if we're constantly being interrupted by failures of equipment, then it's going to take us more time to get the labour force survey out, more time to get the consumer price index out.

Mr. Smith saw that there was a huge potential issue with the changing of the IT services and the potential for it to hurt Stats Canada. I am a big believer that good data leads to good decision-making. The more data we have on the important pieces and the priority pieces of any piece of legislation, any pieces of decision-making that a government is making, the better. If we have the right data, we will make the right decisions, unless partisanship comes into the equation, which is what we have seen happening a lot to date.

I also wanted to talk about privacy because there are some changes to privacy in terms of the census and information, the release of that information, when that release takes place, and how it takes place. We need to recognize that privacy is a freedom. It is a very integral freedom to our democracy, to us as individuals, as citizens. These changes are interpreted by some Canadians as an attack on their privacy, even if it is after they pass away. They do not want that information being disclosed or used for governmental purpose.

Privacy is an interesting item because it is the protection of ourselves from others in society and it is certainly the protection of ourselves from an overbearing government. I can understand that mentality because we have seen in the last 18 months the government that is willing to go from the cradle to the grave, that is willing to step into almost any area of a person's life and legislate. I can certainly understand and identify with those who are concerned about the changes to privacy within the bill.

When we were going through testimony at the innovation committee, we had the opportunity to ask many individuals and the newly appointed chief statistician to testify. There was a constant narrative that the objectivity and the freedom of Stats Canada was integral. It spoke directly to the integrity not only of the individuals who worked in this department but the integrity of the data being received by government departments.

As we are continuing to look forward and we are approaching the time when we will vote on the bill, it is important we call on the minister to appoint individuals to this advisory council who do not have any political leanings, who have not stepped into the political process. If that means those individuals are not Liberal donors, great. At the end of the day, Canadians need to believe in the processes the government puts in place to appoint its councils.

We can look back at the words I use from the throne speech up front, “They want to be able to trust their government.” We have seen the way the government operate across the board, whether it is commissioners, or it is the advisory council by the Minister of Finance or the Minister of Innovation, Science and Economic Development, and these have not been objective, non-partisan appointments. They have been incredibly partisan.

I am open to any questions that come my way, but I will call on the minister to proceed with objective, non-partisan approaches to appointing members of the new advisory council.

Statistics ActGovernment Orders

June 20th, 2017 / 9:30 p.m.

Liberal

Lloyd Longfield Liberal Guelph, ON

Madam Speaker, the member for Barrie—Springwater—Oro-Medonte and I sit on the INDU committee. We have had many heated discussions and not so heated discussions, but he always comes from a point of passion.

When we were looking at establishing the need for shared services to manage the IT infrastructure behind the Statistics Canada, we had a presentation from Ron Parker from Shared Services Canada. He talked about cybersecurity and the need for a collaborative approach around it in order to take swift action when it was needed.

In March the department had a problem with an attack called “Apache”. No data was lost or altered. It was able to get back online quickly. The government IT is managed as an enterprise rather than a silo.

I had an independent business in Winnipeg. I joined business with a company in Saskatoon that had a larger enterprise management, larger server management. It was a benefit to my business to let it manage the software and hardware so I could manage my business.

Could the member across the aisle comment on the possible benefits to having a centralized system?

Statistics ActGovernment Orders

June 20th, 2017 / 9:30 p.m.

Conservative

Alex Nuttall Conservative Barrie—Springwater—Oro-Medonte, ON

Madam Speaker, I get the member's point, but the reality is that some facets of government need to be maintained for democracy's sake, and this is one of those. The institution that gathers the data, that interprets the data, that delivers the data to the House of Commons, to Canadians, to the government, needs to be seen as completely separate from that government. Certainly this is my point of view.

The question was about the benefits of bringing those services together, IT services across the board. What the member has heard in my speech is this. Other governments with very similar democracies to our own, in fact ours is based on one of them, did not proceed for this specific reason. We need to maintain the objectivity. We need to maintain the separation between church and state, between those who gather the data and those who use the data.

That message needs to be heard by the Government of Canada. This is not a situation where it is just about savings. The reality is that data, if it is done properly, can provide far more savings in the end than just this shared service.

Statistics ActGovernment Orders

June 20th, 2017 / 9:30 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, before I ask my question, I want to bring to the attention of members, and I just found out myself, that our lobby coordinator, Sean Murphy, will be getting married on Saturday. I hope all members will join me in wishing him eternal happiness.

I would like to ask my colleague about the issue of the appointment process.

Members of the government have assured us it is fine because it is an application process. We do not even know where those applications are going or the people who apply for government appointments. Maybe they go straight into the shredder. It seems the overwhelming majority of appointments by the government have been very partisan in nature.

Could my colleague tell us whether he is in any way comforted by the assurances from the government that people can at least put in applications?

Statistics ActGovernment Orders

June 20th, 2017 / 9:30 p.m.

Conservative

Alex Nuttall Conservative Barrie—Springwater—Oro-Medonte, ON

Madam Speaker, I would certainly like to echo the member's congratulations to our lobby coordinator.

The proof is in the pudding. I feel like I am on a food thing today; I might be hungry. If we look at the innovation minister's appointments to the advisory council on innovation, one of the individuals heads up MaRS in Toronto. From what the Liberals have talked about, this place will receive funding for the new supercluster innovation fund the federal government has brought forward.

The government appointed an advisory council and that advisory council was full of Liberals who also sat on a place that was hoping to receive funding. Then the fund was created for $950 million, of which they would take advantage. That is the type of thing we have seen from the government so far. It is a complete conflict.

Do I believe that will continue? Probably. That is one of the reasons we need to ensure the minister commits that this new advisory council will not go down the road of Statistics Canada, where it has gone through with the advisory council on innovation.

Statistics ActGovernment Orders

June 20th, 2017 / 9:35 p.m.

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I thought the points my colleague made were great. I wonder if he would develop a bit the broader questions around the government's lack of willingness to apply a genuinely scientific lens to the policy decisions it makes?

We repeatedly hear this rhetoric around science-based policy. However, we can look at the way it has set out the process around pipelines. The northern gateway pipeline went through a review process and then the government threw it out even though that did not accord with the science and the information. We have talked about its approach to marijuana. Even its approach to fiscal policy does not reflect any kind of economic science to say we can run budget deficits in perpetuity.

Would the member agree that there is a real dissidence between the government using this kind of bumper sticker about evidence-based policy when in reality it is making all kinds of decisions that are so obviously at odds with the evidence?

Statistics ActGovernment Orders

June 20th, 2017 / 9:35 p.m.

Conservative

Alex Nuttall Conservative Barrie—Springwater—Oro-Medonte, ON

Madam Speaker, the Liberals are using a form of scientific method. It is political science. They are really not basing it on any evidence they gather with respect to data, except polling data. This is a serious concern. If we look at the material we are speaking about today, this is where the data is collected. This is where all the information is brought together, delivered to the government, delivered to Canadians, and, through that, decisions should be made. Unfortunately that has not been happening.

I would not want to see the government then cook up the advisory committee to determine what evidence it will see down the road.

I certainly agree with the member. I would call on the government to actually do what it has said with respect to following the science.

Statistics ActGovernment Orders

June 20th, 2017 / 9:35 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, the member for Sherwood Park—Fort Saskatchewan raised the issue of pipelines on a few occasions and talked about science. One only needs to understand and appreciate basic math. Basic math says that the Conservatives did nothing with regard to science in 10 years. In fact, when it came down to the pipeline issue, they got zero inches built to tidewaters. That is just basic math. Forget about the science.

Could the member opposite provide some sort of an explanation as to why the Conservative Party ignored the issue of science for many years? That was best illustrated when Harper got rid of the mandatory census form?

Statistics ActGovernment Orders

June 20th, 2017 / 9:35 p.m.

John. Barlow

You should change you talking points. You should try and actually do some homework.

Statistics ActGovernment Orders

June 20th, 2017 / 9:35 p.m.

The Assistant Deputy Speaker Carol Hughes

Order, please. I want to bring member for Foothills to order. If he happens to have something to contribute, I would expect him to stand to ask questions or to comment.

The hon. member for Barrie—Springwater—Oro-Medonte.

Statistics ActGovernment Orders

June 20th, 2017 / 9:35 p.m.

Conservative

Alex Nuttall Conservative Barrie—Springwater—Oro-Medonte, ON

Madam Speaker, I would not want to put words in the mouth of the member for Foothills, but I think he would say that the last government did ensure pipelines were constructed, did get through rigorous processing, did ensure we followed all the evidence, did ensure we were environmentally aware, did ensure the economy was paramount, did ensure jobs were at the forefront, and did ensure the interests of Canadians were followed day in and day out, not some political bent we have heard on the other side of the House.