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Third Session, Thirty-Ninth Legislature

This version is based on the printed bill that was distributed in the Legislature after First Reading.   It is not the official version.   If accuracy is critical, you can obtain a copy of the printed bill from Statutory Publications or view the online bilingual version (PDF).

Bill 25

THE STATISTICS AMENDMENT ACT


Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. S205 amended

1           The Statistics Act is amended by this Act.

2           Section 1 is amended

(a) in the English version, by replacing the definition "department" with the following:

"department" means a department, branch or office of the executive government of the province, and includes the Executive Council Office and an office of a minister; (« ministère »)

(b) by replacing the definition "respondent" with the following:

"respondent" means a person, a department or other public body, a business or an organization, as the case may be, from whom information is sought under this Act; (« répondant »)

(c) in the French version,

(i) by repealing the definition "entité administrative", and

(ii) by adding the following definition:

« ministère » Ministère, direction ou bureau du gouvernement provincial, y compris le Bureau du Conseil exécutif et le cabinet d'un ministre. ("department")

(d) by adding the following definition:

"public body" means a public body as defined in The Freedom of Information and Protection of Privacy Act; (« organisme public »)

3(1)        Subsection 3(1) is amended

(a) in clause (a), by striking out "collect," and substituting "collect information, directly or indirectly, and";

(b) in the French version of clause (b),

(i) by striking out "aider les entités administratives ou mener en collaboration avec elles" and substituting "aider les ministères ou mener en collaboration avec eux", and

(ii) by striking out "aux activités de ces entités administratives" and substituting "à leurs activités"; and

(c) in the French version of clause (c), by striking out "entités administratives" and substituting "ministères".

3(2)        Subsection 3(2) is amended by striking out "collect," and substituting "collect information, directly or indirectly, and".

4           The following is added after section 3:

Information includes personal and personal health information

3.1(1)      For the purposes of this Act, information includes personal information as defined in The Freedom of Information and Protection of Privacy Act and personal health information as defined in The Personal Health Information Act.

Limits re personal and personal health information

3.1(2)       The director and any other person carrying out duties or powers under this Act shall

(a) not collect, require, request, disclose or exchange personal information or personal health information under this Act if other information will serve the purpose; and

(b) limit the amount of personal information or personal health information collected, required, requested, disclosed or exchanged to the minimum amount necessary to accomplish the purpose.

5           The English version of subsection 4(4) is amended by striking out "he" and substituting "the minister".

6           The French version of clause 5(1)(b) is amended by striking out "entités administratives" and substituting "ministères".

7           The English version of subsection 6(1) is amended by adding "or her" after "his".

8           Subsection 8(1) is replaced with the following:

Director may require information

8(1)        The director may require persons, departments or other public bodies, businesses or organizations to provide information in their custody or control that is necessary to carry out the duties and powers under this Act.

Duty to provide information

8(1.1)      A person, department or other public body, business or organization required to provide information under subsection (1), shall do so.

Voluntary information

8(1.2)      The director may request that information be provided on a voluntary basis for the purpose of carrying out duties and powers under this Act.  When information is requested to be provided on a voluntary basis, sections 14 and 15 do not apply in respect of a refusal or neglect to provide the information.

Informing respondent

8(1.3)      Where the director requests or requires information under this Act, the director must advise the respondent

(a) of the purpose for which the information is sought;

(b) whether the respondent is required to provide the information;

(c) whether the information collected will be or may be shared pursuant to an agreement with Statistics Canada under section 11; and

(d) whether the information collected will be or may be shared pursuant to an agreement with another entity under section 12, and, if so, the director must advise the respondent of the respondent's right under clause 12(2)(b) to object to the sharing of the information.

9(1)        The following is added after subsection 9(1):

Duty to adopt security safeguards

9(1.1)      The director and any other person carrying out duties or powers under this Act shall protect all information, including personal information and personal health information, by adopting reasonable administrative, technical and physical safeguards that ensure the confidentiality, security, accuracy and integrity of the information.

Safeguards for sensitive information

9(1.2)      In determining the reasonableness of security safeguards adopted pursuant to subsection (1.1), the degree of sensitivity of the information to be protected shall be taken into account.

9(2)        Clause 9(2)(b) is amended

(a) by striking out "or corporation pursuant" and substituting "or other public body, a business or organization, or the Government of Canada or of a province or territory, pursuant"; and

(b) by striking out "department or corporation" and substituting "entity".

9(3)        Subsection 9(3) is amended

(a) in clause (a), by striking out "organizations or departments" and substituting "departments or other public bodies, businesses or organizations, or the Government of Canada or of a province or territory,";

(b) in clause (b), by adding "or, if the organization is a corporation, by a person authorized by the corporation" at the end;

(c) in clause (c), by striking out "owner for the time being of the business" and substituting "owner of the business or, if it is a corporation, by a person authorized by the corporation"; and

(d) in clause (e),

(i) by striking out "of" at the end of the part before subclause (i), adding "of" at the beginning of subclauses (i), (ii) and (iii), and

(ii) by striking out "or" at the end of subclause (ii), adding "or" at the end of subclause (iii) and adding the following after subclause (iii):

(iv) that indirectly reveals the price of a consumer product sold by an individual establishment, firm or business.

10(1)       The section heading for subsection 11(1) is replaced with "Agreements with Statistics Canada".

10(2)       The following is added after subsection 11(2):

Agreement must protect information

11(2.1)     An agreement under this section must include provisions protecting information, including personal information and personal health information, from such risks as unauthorized access, use, disclosure or alteration.

11(1)       Subsection 12(1) is amended by striking out "a department, a city, town or municipality, a corporation or an organization" and substituting "a department or other public body, business or organization, or with the Government of Canada or of a province or territory,".

11(2)       Subsection 12(2) is amended

(a) in clause (a), by striking out "or corporation" and substituting "or other public body, business or organization, or the Government of Canada or of a province or territory,"; and

(b) in clause (b),

(i) in the English version, by adding "or she" after "he", and

(ii) by striking out "or corporation" and substituting "or other public body, the business or organization, or the Government of Canada or of a province or territory,".

11(3)       Subsection 12(3) is amended by striking out "or corporation" and substituting "or other public body, the business or organization, or the Government of Canada or of a province or territory, as the case may be,".

11(4)       The following is added after subsection 12(3):

Agreement must protect information

12(4)       An agreement under this section must include provisions protecting information, including personal information and personal health information, from such risks as unauthorized access, use, disclosure or alteration.

12          Section 13 is amended

(a) in clause (a), by striking out "his duties" and substituting "duties or powers";

(b) in clause (b),

(i) by striking out "his duties" and substituting "duties or powers", and

(ii) in the English version, by striking out "he" and substituting "the person";

(c) in the English version of clause (d),

(i) by adding "or her" after "him", and

(ii) by striking out "his employment" and substituting "his or her employment or engagement"; and

(d) by striking out "$5000." and substituting "$50,000.".

13          Section 14 is amended

(a) in the English version of clause (a), by adding "or her" after "him";

(b) in the English version of clause (b),

(i) by adding "or her" after "his",

(ii) by striking out "he" and substituting "the person", and

(iii) by striking out "of him"; and

(c) by striking out "$500." and substituting "$1,000.".

14          Section 15 is amended

(a) by replacing clause (a) with the following:

(a) who, having custody or control of information, refuses or neglects to comply with a requirement of the director to provide that information under subsection 8(1.1); or

(b) in clause (b), by adding "or power" after "duty"; and

(c) by striking out "$200." and substituting "$1,000.".

15          Section 16 is amended

(a) in the English version, by adding "or herself" after "himself"; and

(b) by striking out "$1,000." and substituting "$10,000.".

16          The following is added after section 16:

Prosecution within two years

17          A prosecution under this Act may not be commenced later than two years after the day the alleged offence was committed.

Coming into force

17          This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Statistics Act to clarify its relationship with privacy legislation such as The Freedom of Information and Protection of Privacy Act.  New provisions strengthen the protection of privacy and confidentiality of information collected, maintained or disclosed by The Manitoba Bureau of Statistics. For example, the Bill limits the collection and disclosure of information to the minimum amount necessary, and enhances the Bureau's duty to protect information.

The amendments also

  • substantially increase penalties for offences;
  • allow for voluntary surveys;
  • allow for disclosure of certain consumer product information; and
  • make the language in the Act gender neutral.