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Terms of reference

Expert Panel on Access to Historical Census Records

The inability to access individual census returns for censuses taken after 1901 has generated considerable public debate and interest over the past several years on the part of genealogists, historians and archivists.

Canada’s census records up to and including the 1901 Census are publicly available through the National Archives of Canada. The legislation authorizing these censuses did not contain confidentiality protections having the force of law. In accordance with the regulations under the Privacy Act these historical censuses were released to the National Archives 92 years after the collection date and made available to the public. Access to these early census records has permitted the analysis of past personal and community histories by genealogists and historians.

The Privacy Act, however, also stipulates that where other acts provide specific protection to personal records, the provisions of such other acts must prevail. It is this provision which, according to a legal opinion received by Statistics Canada prevents the release of the post-1901 Census micro records. In fact, the 1911 and later censuses were taken under a legally valid guarantee that the information would not be shown to any other person. Moreover, these legislative stipulations have no time limitation.

The Expert Panel is asked to report to the Minister Responsible for Statistics Canada, the Honourable John Manley by May 31, 2000 regarding the legal, privacy and archival implications of providing access to historical census records. It is asked to examine the following issues:

1. What are the elements of the difference of opinions between Canadians who would seek to maintain the protection of personal information and those who would like to examine personal or community histories?

On the one hand, the assurance of confidentiality of individual responses to the census was a promise made by the government to Canadians at the time of the 1906 and subsequent censuses and it is, apparently, a legally binding commitment. Furthermore, the legally binding assurance of confidentiality is an important element of public communication every time Statistics Canada asks Canadians to respond to the census or to any one of the Agency’s surveys.

On the other hand, the public release of census information some 92 years after collection would allow historians, researchers and genealogists to shed light on personal and community histories of Canadians. The National Archivist has declared that Canada’s census is a national treasure which must be preserved. It may well be that Canadians’ sense of privacy would not be threatened by the imposition of time limits on the promise of confidentiality protection.

2. What options exist to provide access to historical census records?

Statistics Canada has already developed two options: the first option contemplates amending the Statistics Act to allow records, starting with the 2001 Census and carrying on from there, to be transferred to the National Archives of Canada to be subsequently made available to the public; the second option is to retroactively change the confidentiality provisions of the Statistics Act to the 1911 and all censuses taken thereafter to be eventually placed in the public domain. Either of these options have implications that the Panel is asked to explore. A third option that others have identified would involve securing informed consent.

Finally having considered the issues and options, the Panel is asked to recommend an approach which seeks an appropriate balance between the need to protect personal privacy and the demands of genealogists and historians for access to historical census records.