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

[The Deputy Speaker, Conservative, Bruce Stanton]

Before we go to resuming debate with the hon. member for Cowichan—Malahat—Langford, I will let him know that there are only about three minutes remaining in the time for government orders this afternoon. We will get started just the same, and he will have the rest of his time, of course, when the House next resumes debate on the question.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I want to start by saying that I will be splitting my time.

Before I start speaking about Bill C-36, on this day I feel it is very important to add my voice to those of all the hon. members who have spoken before me, to express my condolences to the families and friends of those victims in Quebec City, and to say that I stand here in support of my Muslim brothers and sisters against racism, xenophobia, fear, and intolerance, and that everyone in this House stands with them today and later tonight at the vigil.

Today, we have been debating Bill C-36, an act to amend the Statistics Act. From the preamble of the bill, we know that this bill's aim is to strengthen the independence of Statistics Canada. It would assign to the chief statistician powers related to the methods, procedures, and operations of Statistics Canada. It would repeal imprisonment as a penalty for any offence committed by a respondent. It would also modernize the language of the act to better reflect the current methods of collecting statistical information.

These are all changes that New Democrats agree with. We, of course, will be supporting this bill at second reading because we believe it deserves to go to committee so that we can call witnesses to give the expert testimony and feedback, to see if there are ways that we can make this bill an even better one.

We have long stood for the transparency and independence of data from Statistics Canada, because we know how important that data is to public policy and to all of the various levels of government and civil society that depend on it.

I would like to give a shout-out to the hard-working men and women who work at Statistics Canada, because I do not think we, as elected representatives, often give acknowledgement to those hard-working men and women and the data that they supply us. It is their data that allows us to make the policy decisions that best reflect the needs of Canadians.

I want to extend personal thanks to all of those hard-working members of Statistics Canada. They provide statistics that help Canadians better understand their country, whether it is the population, resources, economy, society, or culture, just to name a few. In addition to the census that is held every five years, there are an additional 350 active surveys on all aspects of Canadian life.

In their words, “Objective statistical information is vital to an open and democratic society”.

I would love to carry on with this point at a later date. I see my time is up. I appreciate the opportunity to open my remarks on this bill.

[The Deputy Speaker, Conservative, Bruce Stanton]

Rest assured, the hon. member for Cowichan—Malahat—Langford will indeed have another seven and a half minutes for his remarks when the House next returns to debate on the question.

It being 5:55 p.m., pursuant to an order made earlier today, the House stands adjourned until tomorrow at 10 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 5:55 p.m.)

The House resumed from January 30 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.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, as an economist by training, it is my pleasure to speak to Bill C-36, which deals with amendments to the Statistics Act and of course pertains to the operations of Statistics Canada.

This House will recall that, when the Conservatives were in power, the decision to eliminate the long form census provoked quite a public outcry, which came from nearly every sector of civil society. The scientific community was particularly vocal, including social scientists and economists in general.

Eliminating the long form census created problems with respect to the analysis of demographic data. Even though the long form census is being restored, the disruption means that, ultimately, vital information will not be available to study societal changes.

Just as we had done during the election campaign, the Liberals also promised to bring back the long form census. We have to credit them for that. They have done so, and we must thank them for that, at least. The scientific community is also very grateful.

However, this bill is not about the long form census as such. According to the Liberal government, this bill seeks to strengthen the independence of Statistics Canada, and make changes and modernize it. We will not oppose the measures that are included in the bill. They are good. Unfortunately, they do only half of what was promised during the election campaign. Hon. members will certainly remember that during the election campaign the Liberal Party promised to give Statistics Canada full independence.

When the then Conservative government cancelled the long form census, the chief statistician resigned in protest of this interference. In September, many Canadians were surprised to see his successor, Wayne Smith, also resign, this time over the Liberal government's decision to force Statistics Canada to used Shared Services Canada's information technology services.

The government did not waver despite the fact that for three months there were intense discussions between the government, Shared Services, and Statistics Canada. During those discussions, Statistics Canada clearly demonstrated that being forced to use the agency's IT services would compromise not only its independence, but also the efficiency of data collection.

Although the bill makes public the cabinet decisions or ministerial orders that the statistician is opposed to and removes the possibility of imprisonment for those who refuse to fill out the mandatory survey, it still falls short. It does not make Statistics Canada independent, particularly when it comes to the process for selecting the chief statistician. In that regard, I would like to point out the work that has been done by my colleague from Windsor West, who introduced a bill to address that issue.

The bill also does not make it mandatory to complete the long-form census; does not make it possible to modernize the Statistics Act so that information can be better disseminated to the public; and does not, as I mentioned, do anything to prevent the interference of Shared Services Canada, which compromises Statistics Canada's independence and is the reason why Wayne Smith resigned.

In September 2016, La Presse published an interview with the chief statistician, which clearly demonstrates the importance of this issue. The article states that:

In a June report [so three months before the chief statistician resigned] obtained by the Canadian Press under the Access to Information Act, the [National Statistics] Council wrote that the Liberals' intent to have Statistics Canada find new ways of collecting, analyzing, and disseminating data was inconsistent with their insistence that the federal agency use the new centralized platform...

On one hand, the Liberal government is asking Statistics Canada to do a better job of collecting the data it needs to better inform the public, as well as the federal and provincial governments, on what measures ought to be taken. On the other hand, the Liberal government is trying to force Statistics Canada to use the Shared Services Canada computer system, which will prevent Statistics Canada from doing what the government asked it to do in the first place.

If there is one element that needs to be included in Bill C-36, it is independence and the ability of Statistics Canada to make its own decisions, because it knows best what it actually needs, in terms of data collection, to report and to inform the population better, and not only the population, but all levels of government.

Did the government actually listen to the chief statistician? Of course not. That is why he resigned.

We have, at this point, a process to replace him. He was actually replaced by his assistant, but to fully replace him, we have a process that still involves the government, so it is still not independent and autonomous. This means, by extension, that the process remains politicized.

Given all the upheaval that Statistics Canada has gone through since 2011 or 2012, the government should have addressed directly the serious promise it made during the election campaign. It was to make Statistics Canada fully and not just partly independent, give it a few more powers, and provide direction for the rest.

The Liberals promised to make Statistics Canada fully independent. Bill C-36 does not do that and the government has not yet indicated that it is willing to do it after this bill is passed.

I would like the various Liberal members to tell us, in their speeches, what the government intends to do with Statistics Canada. This is a fundamental issue that affects the fabric of our society.

As I said before, I would like to commend the member for Windsor West, who has presented a bill that would address the issue of the selection of the chief statistician at Statistics Canada. The reason he did so is that he felt there was reluctance by the government to abandon some of the powers it currently has over a service that is traditionally viewed as independent and whose services are critical for the elaboration and analysis of the policies government puts forth. It is also of use to provincial and municipal governments, because they need to have information on the composition of their societies and the evolution of their societies and communities.

The member for Windsor West saw this very important element that was, once again, promised by the Liberals. He felt that the government was not going in that direction.

I have the feeling that other members on this side of the House will actually do the exact same thing on other commitments regarding Statistics Canada, and general commitments made by the government, on which it does not seem to be willing to deliver.

The issue of the long form census received a lot more public attention, but the independence of Statistics Canada is also deemed important by scientific communities.

I believe that this type of half measure brought forward by the government not only fuels the cynicism of Canadians, but also the cynicism of the people whose work relies on these government organizations.

Statistics Canada has gone through all the decisions.

Considering all the turmoil that Statistics Canada has been through, we would have expected the government to address this issue immediately, but it refuses to do so.

We will be voting in favour of this bill at second reading. In committee, of course, we will try to ensure that the commitments dealing with Statistics Canada that the Liberals made during the election campaign are included in the bill. That would be an improvement and, in that sense, we could help the government meet the commitments it made during the election campaign.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, what we have seen in Bill C-36 is a positive piece of legislation that would reinforce Statistics Canada's independence. It takes a number of initiatives, such as assigning to the chief statistician authorities for decisions on several things: statistical procedures; methods and professional standards employed for the production of statistics; the content of statistical releases and publications; the timing, methods, and dissemination of the statistics compiled; and the operations and staff of Statistics Canada.

This government has recognized the important role Statistics Canada plays in Canada. We understand the importance of science and statistical information, not only for the national government but for all levels of government, along with many non-profit organizations and the private sector, that use and rely on Statistics Canada. In fact, this party and this government have been very supportive of Statistics Canada and its independence. It is something that we recognize is administered through excellent civil servants.

I would ask the member if the professional standards we have seen at Statistics Canada over the years have elevated it to being second to no other data collection agency, not only here in Canada but abroad. Would the member not agree?

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, I have acknowledged that this is a step forward. That is why we will be voting in favour of the bill at second reading. My speech was more about the fact that this is only a half measure compared to what the Liberal Party promised.

If I look at the Liberal platform from the last election, on page 37, it says, “We will make Statistics Canada fully independent”.

Fully independent also means ensuring that the process of selecting the chief statistician is actually an independent process. It also means that if there are some problems, such as the intrusion of Shared Services Canada into the ways of collecting data within the system Statistics Canada deems essential for its work, the government will actually not go in that direction. Neither of those measures is in the bill. Shared Services Canada is of primary concern, especially since StatsCan is saying that it will impede its ability to do its work currently.

If the Liberals really wanted to respect the independence of Statistics Canada, as they promised, they would have listened to the chief statistician. They did not, and he had to resign in protest. That is why Bill C-36 is a step forward. That is why we will vote for it at second reading, but it is far from fulfilling the commitment made during the election.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I want to thank and congratulate my colleague on his very accurate speech. I would like to broaden the debate, because I think it is pretty serious when the head of Statistics Canada has to resign under the Liberal government to protest the constraints that are still there. It is just like under the Harper government.

This is just one more in a long line of broken Liberal promises. They were supposed to restore home mail delivery for those who had lost it. They were supposed to change our electoral system. That promise was also broken. They were supposed to make Statistics Canada independent. That promise is also being broken. I ask my colleague, what does this say about the new Liberal government?

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, they break promises. It is as simple as that.

My colleague is right. If we look at the election campaign and the big promises such as democratic reform, promises that everyone knew about, such as being against Bill C-51 and pledging to amend it, which, as far as I know, has not yet been brought up in the House, it sure seems as though the government is coasting on the fact that the difference between it and the Conservatives is that it is not Conservative. Considering everything the Conservatives did in the 41st Parliament and the fact that the Liberals seem to be sticking to that playbook, we have reason to be worried. People will figure it out sooner or later.

This government is basically following in its predecessor's footsteps. It says those measures are progressive. It signed a free trade agreement that the Conservatives negotiated with Europe, which is fine, apparently, because it is supposedly a progressive agreement. The government is on board with the Conservatives' climate change targets, which it says are progressive targets. One of these days, the illusion will shatter and people will see what is really going on.

[Jean-Yves Duclos, Liberal, Minister of Families]

Mr. Speaker, I rise today to speak to Bill C-36, an act to amend the Statistics Act.

First, I would like to thank my hon. colleague, the Minister of Innovation, Science and Economic Development, for working so hard on drafting this very important bill. The main objective of this bill is to strengthen the independence of Statistics Canada. The bill strikes the right balance between strengthening the agency’s independence and ensuring that the statistical information it produces continues to be of the highest quality.

Statistics play an essential role in democratic societies. They serve governments, businesses, non-profit organizations, the research community, and the public. Statistics provide Canadians with information about our society, economy, and environment. They help various stakeholders identify the challenges and opportunities we face as a society, design and implement policies and actions, and hold our governments to account. There is widespread agreement internationally that national statistical offices must have a high degree of independence from political intervention.

Decisions on statistical matters must be based strictly on professional considerations. That is how statistical agencies can preserve the integrity, impartiality, and quality of their data. This independence is essential if Canadians are to have confidence in official statistics.

That said, the quality of statistical data must be balanced with other important considerations, including the fact that statistical information must be relevant.

As the Minister of Families, Children and Social Development, I have the important privilege of implementing measures that have a major impact on the lives of our families. That includes finding efficient and inclusive ways to support early learning and child care, supporting the development of affordable housing, and helping the most vulnerable citizens in our society exit poverty and live better. To meet these responsibilities, my department and I require data that is accurate, reliable, accessible, impartial, timely, and relevant. High-quality data is critical for making informed decisions about all the programs and services that affect the daily lives of our citizens. Therefore, our government made a commitment to decision-making that is informed by sound evidence. That is why our government moved quickly last year to reinstate the mandatory long-form census in time for the 2016 census of our population.

The decision made by the previous government to replace the 2011 mandatory long-form census with a voluntary survey compromised the quality of information that is essential to responsible public policy-making. In my earlier life, I had, unfortunately, the opportunity to see the bad impact of that in the lives and work of many of my colleagues. As a result, Statistics Canada was unable to release accurate and detailed census information about some communities, particularly in rural areas of our country.

The government's decision to replace the mandatory long-form census with a voluntary questionnaire also highlighted vulnerabilities in the Statistics Act, which we will now solve.

In particular, the legislation allowed the previous government to make decisions on a statistical matter in an arbitrary and non-transparent way. Bill C-36 will ensure that our government can continue to make decisions on behalf of all Canadians that are evidence-based. The bill will also ensure that Statistics Canada can continue to deliver high-quality, reliable and relevant information.

There are three ways in which Bill C-36 strikes the right balance between strengthening the independence of Statistics Canada and safeguarding the relevance of the information it produces.

First, the bill formally assigns to the chief statistician the authority to make decisions about the methods and operations of Statistics Canada. This will limit the potential for political intervention in the data-gathering methods and other technical matters directly related to the operations of Statistics Canada.

The bill also recognizes the overall responsibility of the minister and the Government for ensuring that the statistical system remains relevant and responsive to Canadians.

For example, if the minister decides it is in the national interest to issue directives related to the data-gathering methods and other statistical operations of Statistics Canada, he or she can make a recommendation through the Governor in Council.

Any directives issued by the Governor in Council would be tabled in both Houses of Parliament to ensure full transparency and accountability.

Second, Bill C-36 would strengthen the independence of the chief statistician. Under the current Statistics Act, the chief statistician holds office at the pleasure of the government without set terms. He or she can be removed at any time without explanation by the Governor in Council. Bill C-36 would amend the act so that the chief statistician would hold office on good behaviour. He or she would be appointed to the position for a renewable term of not more than five years. That means the Governor in Council could only dismiss a chief statistician for cause. In addition, the chief statistician would be appointed through an open, transparent, and merit-based selection process, as should be the case. This process would be in line with the government's new approach to Governor in Council appointments.

Third, the bill calls for the creation of a new Canadian statistics advisory council. This group would advise both the minister and the chief statistician on the overall quality of the statistical system. That includes providing recommendations to ensure the continued development, accuracy, accessibility, and timeliness of the information produced by Statistics Canada. In the interests of openness and transparency, the advisory council would publish an annual report on the state of the national statistical system.

Taken together, these three amendments to the Statistics Act will strengthen the independence of Statistics Canada. They will increase the transparency and accountability of this important agency. They will also ensure that statistical information produced on behalf of all Canadians continues to be reliable and relevant.

The bill contains three other amendments to the Statistics Act that I would like to note. First, there is general consensus that imprisonment is a disproportionate penalty for Canadians who refuse to provide information for mandatory surveys. The bill removes this penalty from the act. Fines will remain to ensure compliance with certain provisions of the act.

Second, the bill removes the requirement for consent to transfer census records to Library and Archives Canada after 92 years, beginning with the 2021 census of population. This change responds to the needs of historians and genealogists who require this important data for research purposes.

Finally, the bill amends the Statistics Act to modernize some of the language in the act. These language changes reflect technological advances in data-gathering methods. That includes the use of electronic surveys in place of paper questionnaires.

Taken together, the amendments safeguard the independence of Statistics Canada and enable it to continue to produce high-quality information, while ensuring that the agency we are so proud of is better aligned with international standards.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, I appreciate the overview of the bill.

As the private information is made public after 92 years, what provisions are in place for the privacy of the family and the spouses in terms of releasing private information to the general public?

[Jean-Yves Duclos, Liberal, Québec, QC]

Mr. Speaker, this is an important question. As we all know, in an open and transparent society and democracy, particularly an open and transparent agency as is the case of Statistics Canada, there are serious rules to follow to protect the privacy of families and Canadians. All appropriate rules will be followed by Statistics Canada to protect the integrity of such information.

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

Mr. Speaker, I generally favour Bill C-36, but I would like to see more independence for Statistics Canada, and I am concerned about the sharing of data with Shared Services Canada.

I have a specific proposal and I hope it is not inappropriate. We know there is an opening for chief statistician and we also know that one of the bravest people who ever served this country in its civil service is the former director at Statistics Canada, Dr. Munir Sheikh. It may be unorthodox, but I would urge the minister to request cabinet to find a way to replace our chief statistician with someone who deserves our thanks and is entirely trustworthy to every Canadian. That person would be Munir Sheikh.

[Jean-Yves Duclos, Liberal, Québec, QC]

Mr. Speaker, I had the privilege in my earlier life to see how committed the earlier chief statistician was to collecting appropriate information and making that information serve the interests of Canadians. We all regret what took place in the past. We look forward to working with future chief statisticians in the context of this new law to make sure that Statistics Canada, in the manner that was just mentioned, makes its work even more supportive of growing our society, growing our economy, and making our democratic system as valuable as it can be to all Canadians.

[Pierre Nantel, NDP, Longueuil—Saint-Hubert, QC]

Mr. Speaker, I thank my colleague for his speech. I would like to ask him a question that ordinary Canadians are wondering about.

If the two chief statisticians resigned because of issues related to independence and interference, why is the government choosing to work with Shared Services Canada? I imagine it will save some money, but how can the government justify that decision?