Bill C-36 · 42th Parliament · Justin Trudeau
An Act to amend the Statistics Act
Government bill. Became law.
- IntroducedDec. 7, 2016
- Debated in principleFeb. 7, 2017
- Studied by a committeeDone
- Passed its first chamberJune 20, 2017
- Passed the second chamberDec. 12, 2017
- Became lawDec. 11, 2017
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Justin TrudeauPrime Minister
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
On 7 December 2016, Minister of Innovation, Science and Economic Development introduced Bill C-36, An Act to amend the Statistics Act, in the House of Commons and it was given first reading. Bill C-36 amends the Statistics Act to strengthen the independence of Statistics Canada, including by providing for the appointment of the Chief Statistician to hold office during good behaviour and by assigning to the Chief Statistician the powers related to methods, procedures and operations of Statistics Canada. It also establishes a transparent process to issue directives to the Chief Statistician concerning those methods, procedures and operations or the statistical programs. In addition, it establishes the Canadian Statistics Advisory Council, no longer requires the consent of respondents to transfer their Census information to Library and Archives Canada and repeals imprisonment as a penalty for any offence committed by a respondent. Finally, it amends certain provisions by modernizing the language of the Act to better reflect current methods of collecting statistical information.
Summary by the Library of Parliament.
Where members stand
Votes and debate for this bill have not been read yet.
How it changed on the way
64% of the text as introduced was changed or removed by the time it became law (5,742 words introduced, 3,405 passed).
substantial changeintent mostly kept
The bill as passed shifted many powers and references from the Minister to the Chief Statistician while adding new sections on census data release after 92 years and modern collection methods. Several original clauses on oaths, sampling, and access to records were replaced or expanded during passage.
- Contracted services now reference the Chief Statistician instead of the Minister.
Before: “Any persons retained under contract to perform special services for the Minister pursuant to this Act”
After: “Any persons retained under contract to perform special services for the Chief Statistician under this Act”
- New rules allow census returns to be disclosed after 92 years with or without consent depending on the year.
After: “Census — disclosure after 92 years 18.1 (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.”
- Requests for information may now be made by any method authorized by the Chief Statistician.
After: “Request for information by any method 23 (1) The requests for information prescribed under section 7 may be made by any method authorized by the Chief Statistician.”
- New presumption protects the authority of requests presented by Statistics Canada staff.
After: “Presumption 15 Any request for information purporting to be authorized for the taking of a census or the collection of statistics or other information and presented as such by a person employed in the execution of any duty under this Act is presumed, in the absence of evidence to the contrary, to have been made by the proper authority.”
How precisely it is written
mixedChallenging the law: ModerateDisputing a charge: Moderate
The bill mixes exact numbers, fixed terms, and clear prohibitions with repeated subjective phrases that let the Chief Statistician decide what standards or necessity apply. This leaves room for argument over what counts as compliant.
Open to argument
“decide, based strictly on professional statistical standards that he or she considers appropriate”
The test turns on the official's personal view of appropriateness rather than an external benchmark.“the statistics and information that the Minister considers useful and in the public interest”
Scope depends on the Minister's subjective judgment with no defined criteria.“rules, instructions and, subject to subsection 21(1), requests for information that he or she considers necessary”
Authority is bounded only by the Chief Statistician's own assessment of necessity.“extended time that may be allowed in the discretion of the Chief Statistician”
Extension power is open-ended and discretionary.
Clear-cut
“a fine of not more than $500”
Maximum penalty is stated as a fixed dollar amount.“no imprisonment may be imposed as punishment for a conviction under section 31 or 32”
Explicit prohibition removes any custodial sanction.
Discretion. Extensive discretion remains with the Chief Statistician to set methods, decide mandatory versus voluntary requests, extend deadlines, and determine what information is necessary, plus with the Minister to issue directives on statistical programs.
Challenging the law itself. Phrases such as 'considers appropriate' and 'considers necessary' could support a vagueness or overbreadth argument under section 7 of the Charter by leaving core obligations undefined.
Disputing a charge under it. A person facing a charge under sections 31 or 32 could dispute whether the request truly met the Chief Statistician's subjective standard of necessity or whether the information was provided 'to the best of their knowledge and belief'.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.