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Statistics Act (R.S.C., 1985, c. S-19)

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Act current to 2024-11-11 and last amended on 2017-12-12. Previous Versions

Secrecy (continued)

Marginal note:Census — disclosure after 92 years

  •  (1) The information contained in the returns of each census of population taken between 1910 and 2005, as well as the information contained in the returns and the identifying information obtained in each census of population taken in or after 2021, is no longer subject to sections 17 and 18 ninety-two years after the census is taken.

  • Marginal note:Census and survey — disclosure with consent

    (2) The information contained in the returns of each census of population taken in 2006, 2011 and 2016 and the 2011 National Household Survey is no longer subject to sections 17 and 18 ninety-two years after the census or survey is taken, but only if the person to whom the information relates consents, at the time of the census or survey, to the release of the information ninety-two years later.

  • Marginal note:Library and Archives of Canada

    (3) When sections 17 and 18 cease to apply to information referred to in subsection (1) or (2), the information shall be placed under the care and control of the Library and Archives of Canada.

  • 2005, c. 31, s. 1
  • 2017, c. 31, s. 10

Population Census and Agriculture Census

Marginal note:Population census

  •  (1) A census of population of Canada shall be taken by Statistics Canada in the month of June in the year 1971, and every fifth year thereafter in a month to be fixed by the Governor in Council.

  • Marginal note:Counts of electoral divisions

    (2) The census of population shall be taken in such a manner as to ensure that counts of the population are provided for each federal electoral district of Canada, as constituted at the time of each census of population.

  • Marginal note:Decennial census

    (3) A reference in any Act of Parliament, in any order, rule or regulation or in any contract or other document made thereunder to a decennial census of population shall, unless the context otherwise requires, be construed to refer to the census of population taken by Statistics Canada in the year 1971 or in any tenth year thereafter.

  • 1970-71-72, c. 15, s. 18

Marginal note:Agriculture census

 A census of agriculture of Canada shall be taken by Statistics Canada

  • (a) in the year 1971 and in every tenth year thereafter; and

  • (b) in the year 1976 and in every tenth year thereafter, unless the Governor in Council otherwise directs in respect of any such year.

  • 1970-71-72, c. 15, s. 19

Marginal note:Census questions

  •  (1) The Governor in Council shall, by order, prescribe the questions to be asked in any census taken by Statistics Canada under section 19 or 20.

  • Marginal note:Publication

    (2) Every order made under subsection (1) shall be published in the Canada Gazette not later than thirty days after it is made.

  • 1970-71-72, c. 15, s. 20

General Statistics

Marginal note:General statistics

 Without limiting the duties of Statistics Canada under section 3 or affecting any of its powers or duties in respect of any specific statistics that may otherwise be authorized or required under this Act, the Chief Statistician shall collect, compile, analyse, abstract and publish statistics in relation to all or any of the following matters in Canada:

  • (a) population;

  • (b) agriculture;

  • (c) health and welfare;

  • (d) law enforcement, the administration of justice and corrections;

  • (e) government and business finance;

  • (f) immigration and emigration;

  • (g) education;

  • (h) labour and employment;

  • (i) commerce with other countries;

  • (j) prices and the cost of living;

  • (k) forestry, fishing and trapping;

  • (l) mines, quarries and wells;

  • (m) manufacturing;

  • (n) construction;

  • (o) transportation, storage and communication;

  • (p) electric power, gas and water utilities;

  • (q) wholesale and retail trade;

  • (r) finance, insurance and real estate;

  • (s) public administration;

  • (t) community, business and personal services; and

  • (u) any other matters prescribed by the Minister or by the Governor in Council.

  • R.S., 1985, c. S-19, s. 22
  • 2017, c. 31, s. 11

Marginal note:Coding system for goods

  •  (1) The Chief Statistician shall establish a coding system for goods imported into and exported from Canada to enable the Chief Statistician to collect, compile, analyse, abstract and publish statistics in relation to those goods.

  • Marginal note:Publication in Canada Gazette

    (2) The Coding System shall be published in Part I of the Canada Gazette.

  • 1988, c. 65, s. 146
  • 2017, c. 31, s. 12(F)

Marginal note:Request for information by any method

  •  (1) The requests for information prescribed under section 7 may be made by any method authorized by the Chief Statistician.

  • Marginal note:Duty to provide information

    (2) A person to whom a mandatory request for information is made shall provide the information to Statistics Canada, properly certified as accurate, not later than the time prescribed by the Chief Statistician and indicated to the person or not later than the extended time that may be allowed in the discretion of the Chief Statistician.

  • R.S., 1985, c. S-19, s. 23
  • 2017, c. 31, s. 13

Marginal note:Returns under Income Tax Act

 For the purposes of this Act and subject to section 17,

  • (a) the Chief Statistician or any person authorized by the Chief Statistician to do so may inspect and have access to any returns, certificates, statements, documents or other records obtained on behalf of the Minister of National Revenue for the purposes of the Income Tax Act or Part IX of the Excise Tax Act, and

  • (b) the Minister of National Revenue shall cause the returns, certificates, statements, documents, or other records to be made available to the Chief Statistician or person authorized by the Chief Statistician to inspect the records,

in such manner and at such times as the Governor in Council may prescribe on the recommendation of the Minister and the Minister of National Revenue.

  • R.S., 1985, c. S-19, s. 24
  • 1990, c. 45, s. 54

Marginal note:Return of exports and imports from Customs

 For the purposes of this Act and subject to section 17, the Minister of Public Safety and Emergency Preparedness shall cause to be sent to the Chief Statistician returns of imports and exports into and from Canada and details of the means of transportation used therefor, in such manner and at such times as the Governor in Council may prescribe on the recommendation of the Minister and the Minister of Public Safety and Emergency Preparedness.

  • R.S., 1985, c. S-19, s. 25
  • 2005, c. 38, ss. 142, 145

Criminal Statistics

Marginal note:Courts to furnish criminal statistics

 The clerk of every court or tribunal administering criminal justice or, if there is no clerk, the judge or other functionary presiding over the court or tribunal shall, at the times, in the manner and for the periods that the Chief Statistician may establish, transmit the information requested by the Minister relating to the criminal business transacted in the court or tribunal.

  • R.S., 1985, c. S-19, s. 26
  • 2017, c. 31, s. 14

Marginal note:Wardens and sheriffs

 The warden of every penitentiary and reformatory and the sheriff of every county, district or other territorial division shall, at the times, in the manner and for the periods that the Chief Statistician may establish, transmit the information requested by the Minister relating to the prisoners committed to any penitentiary, reformatory or jail under their charge or within their jurisdiction.

  • R.S., 1985, c. S-19, s. 27
  • 2017, c. 31, s. 14

Marginal note:Records

 Every person who is required to transmit any information mentioned in section 26 or 27 shall from day to day make and keep entries and records of the particulars used to respond to requests for information made to them.

  • R.S., 1985, c. S-19, s. 28
  • 2017, c. 31, s. 14

Marginal note:Pardons

 The Minister of Public Safety and Emergency Preparedness shall cause to be transmitted to the Chief Statistician, at the times and for the periods that the Chief Statistician may establish, the information requested by the Minister relating to the cases in which the prerogative of mercy has been exercised.

  • R.S., 1985, c. S-19, s. 29
  • 2005, c. 10, s. 34
  • 2017, c. 31, s. 14

Offences and Punishment

Marginal note:Desertion or false declaration

 Every person who, after taking the oath set out in subsection 6(1),

  • (a) deserts from his duty, or wilfully makes any false declaration, statement or return in the performance of his duties,

  • (b) in the pretended performance of his duties, obtains or seeks to obtain information that the person is not duly authorized to obtain, or

  • (c) contravenes subsection 17(1)

is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both.

  • 1970-71-72, c. 15, s. 28

Marginal note:False or unlawful information

 Every person is guilty of an offence and liable on summary conviction to a fine of not more than $500 who, without lawful excuse,

  • (a) refuses or neglects, following a request for information under this Act,

    • (i) to provide any requested information to the best of their knowledge and belief, or

    • (ii) to provide any requested information when and as required under this Act; or

  • (b) knowingly gives false or misleading information or practises any other deception under this Act.

  • R.S., 1985, c. S-19, s. 31
  • 2017, c. 31, s. 15

Marginal note:Refusal to grant access to records

 Every person is guilty of an offence and liable on summary conviction to a fine of not more than $1,000

  • (a) who, having the custody or charge of any documents or records that are maintained in any department or in any municipal office, corporation, business or organization, from which information sought in respect of the objects of this Act can be obtained or that would aid in the completion or correction of the information, refuses or neglects to grant access to the information to any person authorized for the purpose by the Chief Statistician, or

  • (b) who otherwise in any way wilfully obstructs or seeks to obstruct any person employed in the execution of any duty under this Act.

  • R.S., 1985, c. S-19, s. 32
  • 2017, c. 31, s. 16

Marginal note:No imprisonment

 Despite subsection 787(1) of the Criminal Code, no imprisonment may be imposed as punishment for a conviction under section 31 or 32.

  • 2017, c. 31, s. 17
 

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