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2nd Session, 36th Parliament, 48-49 Elizabeth II, 1999-2000
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The House of Commons of Canada
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BILL C-484 |
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An Act to amend the Statistics Act and the
National Archives of Canada Act (census
records)
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R.S., 1985, c.
S-19; 1988, c.
65; 1990, c.
45; 1992, c.1
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STATISTICS ACT |
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1. The Statistics Act is amended by adding
the following after section 21:
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Definition
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21.1 (1) In this section, ``record'' has the
same meaning as in section 2 of the National
Archives of Canada Act.
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Records
conservation
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(2) Statistics Canada shall conserve all
records from every
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Records
disposal
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(3) With the consent of the National
Archivist of Canada, obtained as required
under section 5 of the National Archives of
Canada Act, the Chief Statistician may
destroy or dispose of census records,
including individual census returns, but only
after all of the information contained in the
record has been transferred to an alternative
recording medium.
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Records
transfer
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(4) Before the expiration of thirty calendar
years following the year in which a census
referred to in subsection (2) was taken, or at
such earlier time as may be agreed to by the
Chief Statistician and the National Archivist
of Canada, the Chief Statistician shall transfer
to the care and control of the National
Archivist, under section 6 of the National
Archives of Canada Act, all records referred to
in paragraphs (2)(a) and (b).
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Pre-1971
records
transfer
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(5) Before the expiration of two years after
the coming into force of this section, or at such
earlier time as may be agreed to by the Chief
Statistician and the National Archivist of
Canada, the Chief Statistician shall transfer to
the care and control of the National Archivist,
under section 6 of the National Archives of
Canada Act, all records referred to in
paragraph (2)(c).
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R.S., 1985, c.
1 (3rd Supp.);
1990, c. 3;
1992, c. 1;
1995, c. 29
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NATIONAL ARCHIVES OF CANADA ACT |
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2. The National Archives of Canada Act is
amended by adding the following after
section 7:
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Importance of
census records
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7.1 (1) The information in census records
transferred to the care and control of the
Archivist under section 21.1 of the Statistics
Act is deemed to be of permanent historic and
archival importance.
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Permanence
of census
records
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(2) Notwithstanding subsection 4(3),
census records referred to in subsection (1)
may not be transferred, destroyed or disposed
of unless all of the information contained in
the record has been transferred to an
alternative recording medium.
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Confiden- tiality
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7.2 (1) Neither the Archivist, nor any person
acting on behalf of the Archivist, shall
disclose personal information in census
records, except
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Access
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(2) When 92 calendar years have elapsed
following the year in which a census was
taken, the Archivist shall provide public
access to the records of the census for
statistical purposes, for historical,
genealogical or scientific research purposes,
or for such other research purpose as the
Archivist may establish.
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Reasonable
terms
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(3) The access referred to in subsection (2)
shall be subject to such reasonable terms and
conditions as the Archivist may establish that
are consistent with the purposes of this Act.
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Definition
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7.3 (1) In this section, ``personal
information'' has the same meaning as in
section 3 of the Privacy Act.
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Objections
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(2) An individual may object to the
Archivist to the disclosure of any personal
information provided by that individual in the
course of a census.
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Require- ments
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(3) An objection under subsection (2) must
be in writing and is valid if
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Protected
information
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(4) Nothwithstanding subsection 7.2(2), the
Archivist, upon receiving a valid written
objection made under this section, shall not
disclose the personal information referred to
in the objection.
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Deemed
consent
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(5) Every individual who filed a return in a
census and in respect of whom a valid written
objection has not been made under this section
is deemed, when 92 calendar years have
elapsed following the year in which the census
was taken, to have given an irrevocable
consent to public access to the information as
provided for in this Act.
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