Bill C-36 (Historical)

An Act to amend the Statistics Act

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.

Statistics Act

[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.

[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?

[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.

[Kevin Lamoureux, Liberal, Parliamentary 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?

[John. Barlow]

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

[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.

[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.

[The Assistant Deputy Speaker, Carol Hughes]

I again want to remind members that they should not be having discussions back and forth. Therefore, the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons and the hon. member for Foothills should restrain themselves from having those debates. If they wish to do so, they can attempt to get on the list to make speeches.

Resuming debate, the hon. member for Laurentides—Labelle.

[David Graham, Liberal, Laurentides—Labelle, QC]

Madam Speaker, it would be good to have a bit more French in the House. Therefore I will be giving my speech on Bill C-36, an act to amend the Statistics Act, in French.

The main purpose of this bill is to strengthen the independence of Statistics Canada. At the same time, it proposes to modernize certain key provisions of the Statistics Act, in accordance with the expectations of Canadians. One of these provisions is the part of the act that deals with imprisonment.

The government recognizes the importance of high-quality statistical data and the need to ensure that appropriate measures are taken to encourage Canadians to provide information to Statistics Canada. However, the government also recognizes that Canadians should not be threatened with jail time if they fail to complete a mandatory survey, including the census.

We are not alone in thinking that this is excessive in the current context. Generally, Canadians agree that prison time for refusing to complete a mandatory survey or grant access to information is a penalty disproportionate to the offence. This is excessively heavy handed and inappropriate. That is why Bill C-36 would abolish imprisonment as a penalty for those who refuse or fail to provide the information requested as part of a mandatory survey.

The bill also abolishes imprisonment as a penalty for those who wilfully obstruct the collection of this information. In other words, once this legislation is passed, no Canadian citizen will be threatened with jail under the Statistics Act for failing to complete a mandatory survey. As a general rule, people complete the census questionnaire and all other mandatory survey questionnaires well before legal action is taken.

Statistics Canada has a thorough process that it follows before sending cases to the Public Prosecution Service of Canada. First, Statistics Canada sends a letter to the individual and has someone visit their home. Statistics Canada does everything in its power to remind people of their civic duty before referring their case to the justice system.

Typically, with each census, approximately 50 cases are referred to the Public Prosecution Service of Canada and the Department of Justice. Of those cases that proceed to court, the majority are resolved with the person agreeing to complete their census form when ordered by the judge. Among those cases that go to trial and where the accused is found guilty, the vast majority result in a fine.

Only once has a person ever been sentenced to jail; this occurred in 2013, after one individual refused to complete the 2011 census of population and refused other offered penalties such as community service.

The only household survey that Statistics Canada conducts on a mandatory basis is the monthly labour force survey. Statistics Canada has never referred a case to the Public Prosecution Service of Canada for this survey.

All of Statistics Canada's core business surveys are conducted on a mandatory basis. Since the 1970s, Statistics Canada has not referred a single case to the Public Prosecution Service of Canada for a business that has refused to comply with the act. The only time a census of agriculture case was referred to the Public Prosecution Service of Canada was in conjunction with failure to comply on the census of population.

Since 2010, a number of bills have been introduced in Parliament to remove imprisonment for such offences. Some may argue that removing the threat of imprisonment would increase the risk that more Canadians would choose not to respond to an information request from Statistics Canada, thereby affecting the quality of the data. However, it is important to note that the current fines will remain. The fines are fully consistent with the provisions of the Act. Also, Canadians are aware of the importance of the data produced by Statistics Canada.

We are of the view that the threat of imprisonment is not required to convince Canadians of the importance of providing information for mandatory surveys. Canadians also know and understand that Statistics Canada is a highly regarded institution, one of the best in the world, and that it values and protects the confidentiality of all data collected. With the changes we are proposing to the legislation to strengthen the agency’s independence, Canadians can be further reassured that their data will continue to be treated with the highest levels of professionalism, integrity, and confidentiality.

That brings me to another point. In the past, some people have said that, since we rarely use the provisions regarding imprisonment, it does not matter if they are removed from the act or not. We disagree. It is important that the penalties set out in the Statistics Act are in keeping with the collective vision of Canadians. Prison sentences should be reserved for more serious crimes. I think the House will agree with me on that. Let us be responsible, fair, and reasonable and eliminate that threat. That is what Bill C-36 seeks to do.

I would also like to talk a little about the rest of the bill. In 2010, the government's decision to replace the mandatory long form census with the voluntary national household survey gave rise to public criticism. Concerns were raised about the quality of the national household survey data and about Statistics Canada's independence.

In reaction to this decision, a number of private members' bills were introduced in the House that would require the collection of information by means of a mandatory long form census questionnaire that was equal in length and scope to the 1971 census.

We seriously considered that option. Instead of focusing only on protecting the census, we chose to amend the Statistics Act in order to give Statistics Canada more independence over its statistical activities. To that end, we gave the chief statistician decision-making power over statistical operations and methods. The bill also seeks to add provisions on transparency to ensure greater accountability on decisions.

This approach aligns with the United Nations’ Fundamental Principles of Official Statistics and the recommendation of the Organisation for Economic Cooperation and Development on best practices. Some might still be wondering why we would not enshrine the content of the census in law to prevent future governments from replacing the mandatory long form census with a voluntary questionnaire, as was the case during the 2011 campaign. The answer is simple: no legal provision can prevent a government from changing the content of the census.

Governments have the power to make and change laws, but more importantly, we must remember that official statistics are a public good and that Statistics Canada is a publicly funded institution. It is ultimately the government's responsibility to determine the scope of the statistical system, specifically, the country's data priorities, or in other words, the data that is collected. This responsibility ensures that the statistical information collected is sensitive to the burdens placed on citizens as respondents, that it is sensitive to the costs they bear as taxpayers, and that the information that is produced is responsive to their needs as data users.

Stastitical data must also be responsive to the government's need to make evidence-based decisions about the programs and services that affect the daily lives of Canadians, such as affordable housing, public transportation, and skills training for employment. Rather than entrench the content of the long form census questionnaire in the Statistics Act, Bill C-36 addresses the fundamental issues of Statistics Canada's independence. Let me explain why.

First, the previous government's decision about the 2011 census was not about the questions to be asked, but rather about removing the mandatory requirement to respond. The voluntary national household survey, as it was called, asked the same questions that would have been asked in the planned mandatory long form questionnaire that it replaced.

Consistent with our government's commitment to evidence-based decision-making, one of our first acts as a government was to reinstate the mandatory long form census in time for the 2016 census of population to ensure that the census produces high-quality data. We also committed to strengthening Statistics Canada's independence and ensuring that the methods of operations are based on professional principles. Bill C-36 meets this commitment.

Second, entrenching the content of the census in law could reduce the government's flexibility to ensure that the data collected continuously meets the needs of an ever-evolving Canadian society and economy. We just have to look at the history of census content.

It has changed numerous times to reflect emerging issues, evolving data needs, and the development of alternative ways of collecting the information.

The first national census of Canada was taken in 1871 and contained 211 questions, including those regarding age, sex, religion, education, race, occupation, and ancestral origins.

Subject matter and questions have been added and dropped ever since. In 1931, questions on unemployment were added. In 1941, questions on fertility and housing were introduced. In 1986, questions were introduced on functional limitations. In 1991, questions about common-law relationships were introduced, and questions on same-sex couples were added in 2006. In 1996, questions on unpaid work were introduced. These were removed in 2011.

These examples signal the need for flexibility and prioritization in determining the content of a census. Entrenching census content in legislation would limit this flexibility. Amending the act every time the census needs to change would be highly impractical.

Our current approach to determining census content works. It is based on extensive user consultations and the testing of potential questions to reflect the changing needs of society and to ensure the census is the appropriate vehicle to respond to them.

Then Statistics Canada makes a recommendation to the government on the content that should be included in the upcoming census. General questions are then prescribed by order by the Governor in Council and published in the Canada Gazette for transparency purposes.

Lastly, defining the long form census content in law could potentially reduce the incentives to find alternative means to gathering census information at a lower cost and with less respondent burden.

Statistical agencies must also think about the burden that they impose on citizens and businesses to provide information, and they must do so within the fiscal resources allocated by the government.

The data world is evolving rapidly. We read and hear the words “big data”, “open data”, and “administrative data” every day.

More and more statistical offices around the world are integrating these alternative and complementary sources of information into their statistical programs.

They offer the potential to collect and publish high quality statistical information more frequently, at lower cost, and at lower response burden.

For example, for the 2016 census, Statistics Canada obtained detailed income information for all census respondents from administrative records provided by the Canada Revenue Agency. This approach will ensure that higher quality income data will be produced at a lower cost and with reduced burden on Canadians.

Entrenching the scope and content of the census in the Statistics Act may not serve Canadians well moving forward. It would tie us to one way of doing business that may not be the way of the future.

The act should remain flexible to meet the evolving data needs of Canadians and their governments. It should retain the flexibility to encourage innovation so as to take advantage of the evolving means of collecting statistical information.

Some have suggested that the census content should be the same as it was over 40 years ago and that the sample size for the long form should be entrenched in law.

The rapidly evolving world of data suggests that we should retain the flexibility to build the foundation of a statistical system of the future rather than restricting ourselves to continue to do what has been done in the past.

We think our approach to Bill C-36 strikes the right balance and will stand the test of time.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, I asked the members of the government a question that I do not feel received a clear answer, so I will see if the member can answer in a little more direct way.

There is a pre-existing advisory mechanism associated with the statistical decisions that the government makes. That would be eliminated and replaced with another advisory mechanism with almost the same name. The only obvious difference is that the number of members would be reduced, which Conservatives have some concerns about, but beyond that, a mechanism would be created by which the government could now reappoint the members of that body.

We have heard all kinds of attestations from government members about how committed they are to making good appointments, but it is rather fishy that this change would effectively allow the government, without making many other substantial changes, to reappoint the entire membership of this body.

Does the member really think that if he were in opposition, he would not have objections to a government that proceeded in that way, doing away with one body to replace it with almost identical one, thus allowing itself to reappoint members? Would he really accept that if he were not a member of the government?

[David Graham, Liberal, Laurentides—Labelle, QC]

Madam Speaker, I do not see a problem. When a system is modernized or upgraded and there is continuity of people, it seems perfectly reasonable to continue using them. If the processes need to be modernized, which was a good part of the speeches, how do we make sure the whole system is flexible enough to keep up with the times? It seems perfectly appropriate. I do not see the issue that the member is bringing forward.

[Erin Weir, NDP, Regina—Lewvan, SK]

Madam Speaker, the bill we are discussing is about Statistics Canada's independence. The main threat that we have seen to Statistics Canada's independence recently was the lack of IT support from Shared Services. That is what prompted former chief statistician Wayne Smith to resign.

It seems to me that this bill does not address that problem. As I noted in a previous question for the member for Winnipeg North, the budget implementation bill does contain some provisions for the minister responsible for Shared Services to provide exemptions so that certain government entities could get IT services from other places. However, the government operations committee has been told that this exception will not be provided to Statistics Canada. It will still have to go through Shared Services.

I am wondering if the member could let us know what the government plans to do to ensure that Statistics Canada receives the IT support that it needs in order to fulfill its independent mandate to conduct research and provide the evidence and data that we need to make good public policy.

[David Graham, Liberal, Laurentides—Labelle, QC]

Madam Speaker, Shared Services Canada, as the member knows, is of particular interest to me, as I served briefly with him on the government operations and estimates committee. The idea of consolidating our databases and systems and so forth was, in principle, a good one. I do not think it was particularly well implemented by the previous government, and it had quite a few problems, as we have seen, going forward.

Personally, I think it should be using a whole lot more open source offers. That is my personal opinion. I think this issue needs to be addressed.

While Shared Services Canada got off to a bad start, it will improve with time. It has no choice but to improve with time to properly address the issues of Statistics Canada and every other department that depends on it. There is always room for improvement. As the Prime Minister always says, better is always possible.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, it is a late hour, and I thought some Stephen Leacock would be appropriate. Stephen Leacock once wrote, “In ancient times they didn't have statistics, so they had to fall back on lies.” However, that applies to nobody in this place, obviously.

I want to ask the hon. member for Laurentides—Labelle if he does not believe, as I do believe, that it is a mistake. I realize that Shared Services can be improved, but the most knowledgeable people we have talked to in the process of looking at Bill C-36 believe that Statistics Canada should have its own information system and should not have to overlap with Shared Services Canada. There is only mischief that will come from that.

[David Graham, Liberal, Laurentides—Labelle, QC]

Madam Speaker, I am not entirely sure how to respond. I do not know the details of how the networks are set up, but a properly run IT system will provide the appropriate firewalls within their systems to prevent data from going where it is not supposed to go. That is the whole purpose of having a high-security system. If security is the issue, then we need to address that issue properly, but Shared Services has an obligation to provide every department with the properly protected systems they need.