françaisQuestions and Answers An Act to amend the Statistics Act
Why is an amendment to the Statistics Act required to release historical census records? Following extensive consultation, the Government decided that there is a need to amend the Statistics Act to eliminate any legal ambiguity concerning the confidentiality status of historical census records. At the same time the issue of how, when and under what conditions to release future census records had to be settled. What is the difference between this bill and the previous proposed bill (S-13) tabled during the last Parliament? The proposed legislation respondes to concerns raised by parliamentatioans over the previously propose bill (S-13). The previous bill imposed access conditions for an additional 20 year period, 92 years after a cednsus was taken. The new bill allows access, without conditions, after 92 years. Is it true that in a recent court case, Statistics Canada's position regarding the release of the 1911 historical census records was supported by the court? Yes. In a recent Federal Court decision, Justice Givson ruled that the care and control of the 1911 Census records rests with the Chief Statistician. Under current law, the Chief Statistician does not have a legal obligation to transfer care and control of the 1911 census records to Library and Archives Canada. Furthermore, Justice Gibson suggested that the balance between privacy rights of Canadians and public access to historical census records was a policy matter for the government to address. Why is Statistics Canada giving Canadians the option of deciding if their census records should be released in the future? Informed consent about the use of one's own personal information is a metter of fundamental privacy protection. Canadians should have the right to decide for themselves if they want their personal census records to be made publicly available in the future. Why not use an ot-out question instead? Active positive consent is the basis of fundamental privacy protection and is used by the Government when asking Canadians for permission for access to personal information. For example, an opt-in question appears on inidividual tax forms where a tax filer can check to have his or her name, address, and date of birth forwarded to Elections Canada to update the information in the National Register of Electors. What happens to my information if I answer "no" to the consent question? If you answer no or leave the consent question blank, your information will never be made publicly accessible. What happens if I change my mind and decide not to release my information? It is important that you carefully consider the question before you responde to ensure that it reflects your views. Hoever, should you decide to change your response, Statistics Canada will accept any such request. Why would I want to make my personal information accessible in 92 years? If you choose to make your name-identified census information available, you will make a valuable contribution to preserving Canada's history for future generations. Has the option of giving consent been tried in other countries" Yes, in Australia and New Zealand. For example, almost 10 million Australians or more than half the people record in the Australian 2001 Census of Population and Housing, chose to have their census information stored in the 2001 Centenary of Federation Time Capsule. In New Zealand, almost 2.3 million people or 60% of the population indicated on their 2001 Census forms that their information could be archived so that people could see it after 100 years. What will be the purpose of a parliamentary review held no later than two years prior to the 2016 Census? The Parliamentary Review, held by any committee of the Senate, the House of Commons or both Houses of Parliament, will be able to assess the rate of opting in and, should it be necewwary, to see how improved public communications and perhaps better procedures might impove this rate. Why would the parliamentary review occur only after two census cycles? Two census cycle will permit Statistic Canada and the Library and Archives of Canada to gain the necessary experience to develop, deliver and improve as needed the communications messages used to inform Canadaians about the op-in consent question. When will the 1911 census records be released? Subject to the passage of the proposed amendment to the Statistics Act, the 1911 Census records would be released immediately. |
