Thank you very much, and thank you for the invitation to appear before the committee to offer some thoughts on Bill C-36.
I've served on the National Statistics Council since 1996, but my remarks today are very much my own opinions.
I prepared and submitted a brief to the committee, and I understand that it has been translated and circulated, so I'm going to use my brief opening time this morning to highlight some of the recommendations I made in that document. There won't be time to go into at length the rationale behind the recommendations I'm making. If there is time and interest in the question period, I'd be pleased to provide additional comments on the reasoning behind my recommendation.
Let me say at the outset that I think Bill C-36 represents an important and valuable first step toward modernizing the Statistics Act. In particular, Bill C-36 provides for a less detailed and prescriptive governance framework for Statistics Canada. This more flexible governance framework means that the chief statistician and the agency at large will have more independence and autonomy to make informed, impartial professional judgments about statistical programming, the methodology to be used, and the interpretations to be applied to the data they collect.
I think the bill also clarifies the accountability relationships that Statistics Canada must maintain with the government, with Parliament, and with the public. In the past, these matters were largely governed by long-standing practices and conventions. Some of those conventions and practices are now being codified in the form of this legislation. Therefore, my recommendations are not to approve the bill, but I think there are a number of areas covered by the bill where improvements could be made. I'll go through those very quickly.
In both the backgrounder to the bill and the remarks by the minister, the government is saying that the contents of this bill align with the fundamental principles of official statistics of the United Nations. I think it would be better, in fact, if a preamble were added to the bill to indicate that this is the foundation for the contents of the bill. Such a preamble would serve both a contextual and a constructive role in the interpretation of the statute. It would confirm the spirit of the law and help with the interpretation of any ambiguity therein. It would provide a foundation for the development within Statistics Canada of a culture of independence, impartiality, and objectivity in the production and publication of official statistics. Such a preamble would also provide a basis for discussions and negotiation between the chief statistician and officials of the government when issues of independence arise.
The second point I would make is that the bill presumes a policy operation split. In other words, the policy remains the prerogative of government and Parliament, whereas operational and technical matters are supposed to be the domain in which the chief statistician and other experts at Statistics Canada prevail.
As already mentioned by the previous two speakers, the bill, I think, needs to create greater clarity regarding those instances in which the responsible minister believes a technical and operational matter is of such importance that it rises to the level of becoming a matter of national interest and the minister can issue directives to Statistics Canada. I think in that instance there should be a requirement in the law that such directives be tabled in Parliament and be subject to a 60-day notice and comment period so that there would be debate about the appropriateness of government involvement with an operational matter.
There is also authority given to the minister to issue more general policy directives that are binding on the chief statistician and the agency. In that case, I think it would be better if those directives came not from the minister solely on his or her own behalf but were subject to prior approval by cabinet. I suggest a procedure for that.
The further recommendation I have on this general policy directive is that no such policy directive should amount to an indirect amendment to the Statistics Act in any fundamental way. Amending the Statistics Act is a responsibility of Parliament.
I then turn to the position of the chief statistician, which I think has a crucial role in all of this, the catalyst that makes for a high quality national statistics system. I think that the provisions proposed in Bill C-36 should be amended to provide for an advisory panel of three eminent or distinguished persons with appropriate background knowledge to conduct the recruitment activity and to review the applications, nominations, for the position of chief statistician. That panel would then recommend one name and place two alternative names before the Prime Minister for possible recommendations to the cabinet.
If the Prime Minister found none of the nominees suitable, he or she could nominate their own choice, but would be required to give reasons for not accepting someone from the list provided by the panel.
Turning now to the proposed Canadian statistics advisory council, I think there is a very real ambiguity here about the role of this new council that could lead to problems down the road.
I think two questions of clarification need to be asked. The first question is, does the government understand whether the council is to serve primarily a representational role or is the new council presumed to play a governance role, serving as the eyes and ears of the minister by overseeing the performance of the agency?
The second question is, as order in council appointees, will council members see themselves more as agents of the government than as trustees of the long-term interest of the national statistical system?
What happens if there is a disagreement between the council and the chief statistician over what advice should go to the minister? I have not read or heard a clear statement from the minister on these points. A greater clarity would be advisable.
On the basis of that clarification, I would suggest that proposed subsection 8.1(2) of the bill regarding the new Canadian statistics advisory council should be amended to provide for a greater number of members, possibly in the range of 20 to 25 members, including a chairperson appointed by the Governor in Council to reflect a wider range of interests served by the statistical programming of Statistics Canada. Recruitment should be done on the basis of an open process of application and nomination.
In conclusion, I would make the following point. Legislation that distributes authority and creates structures and procedures is the starting point for achieving an appropriate balance between independence and accountability for Statistics Canada. Even more important, however, is the appointment of a chief statistician and other leaders of integrity within the agency who are committed to strengthening an already strong shared culture within Statistics Canada that's based on the principles and values of a high quality national statistical system.
Thank you very much. I look forward to any questions.