Mr. Speaker, I am very pleased to rise today to speak about this very important issue, Bill S-13, an act to amend the Statistics Act.
Certainly those of us who have been here since 1993 know that there has been much debate over the last few years, and quite intense periods of debate, about access to historical census records.
I have been very pleased to see throughout this debate just how many of my constituents and how many people across the country are hooked up to the Internet, because I think it was one of our first blasts of e-mails on a major subject.
In fact, many of us in this House have been contacted by constituents on this issue. All of us understand their need for access to census records and the value that they can provide to their family's history and genealogical research. All of us, I am sure, are in agreement with the reasons why genealogists, historians and researchers want historical census data. They are legitimate reasons and they are important reasons.
At the same time, of course, colleagues in this House had to recognize that while there is an undeniably great value attached to historical census records, there are also important principles of privacy protection that must be addressed.
We have to be sensitive to the privacy concerns of Canadians. Careful thought has been given to this matter, in fact, and both sides of this debate have been considered and extensively debated in the Senate and by Canadians at large. I think there have been many private members' bills on this, both in this place and in the other.
Bill S-13 addresses the legal ambiguity concerning the confidentiality status of historical census records. This bill would allow the access to historical census records that genealogists and historians have been seeking, while balancing Canadians' concerns for the protection of their personal information.
Specifically, the legislation would amend the Statistics Act to permit access to the 1911 to 2001 census records after 92 years, with conditions, and after 112 years, without conditions. For 2006 and all future censuses, it would permit access after 92 years because consent would be provided at the time the census was taken.
For all members of this House, let us have a brief overview of Bill S-13. The bill makes changes to section 17 of the Statistics Act, which is the section that governs secrecy. There are three main clauses to the amendment. The first sets out the release of historical census records. The second clause gives the governor in council certain regulatory powers. Clause 3 sets out a penalty provision should the conditions of access not be respected.
Let us look at clause 1. It governs the release of census returns collected between 1910 and 2003, which in fact would cover the censuses of 1911 through to 2001. This means that 92 years after the census has been taken, a person may have access to those census records to conduct genealogical research on their own family or on behalf of another person from whom they have written consent.
Anyone conducting genealogical or family research will be required to sign an undertaking in order to have the right to use these census records. This undertaking will be prescribed by regulation and will contain certain conditions that would restrict the disclosure to only tombstone information related to a person's own family.
Similarly, historians or researchers wishing to have access to census records must also sign an undertaking limiting disclosure to only tombstone information from the census record. In addition, historical research projects must demonstrate public and scientific value and be approved by an individual who is on the list of authorized persons. This will be prescribed by regulation.
After 112 years, census records may be used without restrictions. The 112 years represents a condition that provides 20 years of additional privacy protection for Canadians. The Privacy Act permits information to be released from a census 92 years after that census. The Privacy Act also permits the release of personal information 20 years following the death of an individual.
Since at this point in time there are few people alive by the age of 112 years, or even very many who are much beyond the age of 92, the conjunction of these various conditions has resulted in the 112 years as set out in Bill S-13.
Beginning with the 2006 census, the government will be asking Canadians to consent to the release of their personal census information 92 years into the future. If consent is given, then anyone will have access to the information after that period. It is proposed as an opt-in question, seeking the permission of Canadians to have their census information eventually made available to the public.
Clause 2 states that the governor in council is to make regulations setting out the form of the undertaking required to gain access to census records and the conditions for the use and disclosure of that information. This will ensure that the personal information of other individuals contained in the census record is protected. In addition to this undertaking, the regulations will list the category of persons who will approve historical research projects as described.
The regulations will be made on the recommendation of the Minister of Industry, as that minister is responsible for Statistics Canada, and the Minister of Canadian Heritage, as that minister is responsible for the Library and Archives of Canada.
Clause 3 sets out the penalty for failure to respect the undertaking given by genealogists and historical researchers. A violation of this undertaking could result in a summary conviction and a fine of $1,000.
As I have mentioned, there has been much debate in this place, in the other place and in the general public about how to deal with census records. I am sure most of us in the House agree that we can support Bill S-13. The conditions outlined in the bill are neither onerous nor restrictive for genealogists and historians, but put appropriate safeguards in place to protect the privacy of individuals. Bill S-13 provides reasonable access to historical census records and meets the needs of genealogists and historians for information about their families and their community.
Some people may view these conditions as being overly bureaucratic or burdensome. However, the proposed procedures to gain access to historical census records follow those already in place at the Library and Archives of Canada. The only additional requirement being asked of genealogists and historians is to sign a form guaranteeing that they will release only the tombstone information. It is a small price to pay to protect the privacy of our ancestors.
As well, some genealogists and historical researchers feel that if Canadians are permitted to determine the accessibility of their personal census information, the complete history of our country will be lost to future generations.
Canadians should be allowed to decide whether others can have access to their census information. This is in keeping with the highest standard of privacy protection, which Canadians have come to expect. Informed consent about the use of one's own personal information is a matter of fundamental personal privacy protection.
In closing, I want to reiterate that Bill S-13 has achieved the right balance between access to census records for historical and genealogical research and the protection of the privacy of Canadians. I urge all members of the House to support the bill and finally put this issue to rest.