Greetings Listers. FYI. The following is the text of Senator Lorna Milne's Private Senator's Bill to obtain release of Post 1901 Census Records. Second reading of the Bill is scheduled for 8 February 2000. My apology for the length of the posting. - ---------------------------------------------------- THE SENATE OF CANADA BILL S-15 An Act to amend the Statistics Act and the National Archives of Canada Act (census records) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: STATISTICS ACT 1. The Statistics Act is amended by adding the following after section 21: 21.1 (1) In this section, "record" has the same meaning as in section 2 of the National Archives of Canada Act. (2) Statistics Canada shall conserve all records from every (a) population census taken under section 19; (b) agriculture census taken under section 20; and (c) population and agriculture census taken prior to 1971. (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. (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). (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). NATIONAL ARCHIVES OF CANADA ACT 2. The National Archives of Canada Act is amended by adding the following after section 7: 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. (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. 7.2 (1) Neither the Archivist, nor any person acting on behalf of the Archivist, shall disclose personal information in census records, except (a) to the Chief Statistician of Canada and to persons authorized by order of the Chief Statistician under subsection 17(2) of the Statistics Act; or (b) as authorized by this section. (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. (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. 7.3 (1) In this section, "personal information" has the same meaning as in section 3 of the Privacy Act. (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. (3) An objection under subsection (2) must be in writing and is valid if (a) the objection is received by the Archivist during the 92nd calendar year following the year in which the census was taken; (b) the objection contains sufficient particulars to permit the Archivist to identify the personal information to which the objection relates; and (c) in the opinion of the Archivist, the disclosure of the personal information would constitute an unwarranted invasion of the privacy of the individual to whom the information relates. (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. (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. - ----------------------------------------- This posting has been sent to the British Columbia, Census-Chat-L, Colchester, Lunen-Links-L, Nova-Scotia-L, Ontario-L, Pictouroots, Roots-L, Watts-L, Wiltshire-EMI-L, and Canada-Census-Campaign-L mail lists. Permission is granted to forward without notification. Gordon A. WATTS gordon_watts@telus.net Port Coquitlam, BC ICQ # 9183352 Keep up to date on Post 1901 Census information at http://www.globalgenealogy.com/census/index.htm and http://www.geocities.com/Heartland/Farm/7843/poll.html Download and circulate Post 1901 Census Petiton now from http://www.globalgenealogy.com/census/petition.htm