The following Terms and Conditions arise from Statistics Canada's character as a public institution that must operate transparently and in conformity with the provisions of federal legislation, notably, but not exclusively, the Statistics Act, the Privacy Act, the Access to Information Act and the Communications Policy of the Government of Canada. In addition, Statistics Canada operates transparently and in conformity with its internal management framework, notably, but not exclusively, Statistics Canada's Quality Assurance Framework and Standards of Service to the Public. Statistics Canada's principal objective is to increase the range and depth of statistical information on Canada's population, society and economy available to the Canadian public.
Please note that only Terms and Conditions no. 1 to 13 and 24 to 28 apply for Custom Requests and Workshops. All Terms and Conditions apply for Statistical Surveys and Related Services.
1. General Definitions
In these Terms and Conditions and in the Agreement:
"Actual Costs" means that the parties acknowledge that because of the nature of the services to be provided, some or all of the costs expressed above are a best estimate only. The final charge shall be determined by the actual costs incurred.
"Agreement" means these Terms and Conditions, the Purchase Confirmation or the Letter of Agreement, and any other document specified or referred to as forming part of the Agreement, all as amended from time to time by mutual written agreement of the parties.
"Custom Requests and Workshops" means a custom-designed product that requires manipulation of statistical data held by Statistics Canada and all value-added activities related to the product such as technical support and data access agreements. This also includes various workshops, symposiums, conferences, language trainings, seminars, etc. provided by Statistics Canada.
"External Data" means any information supplied to Statistics Canada for the purpose of the work described in the Agreement. External data are either owned and supplied by the client, or licensed and supplied by the client with permission from a third-party data owner. All External Data will be protected under subsection 17(1) of the Statistics Act while under the custody of Statistics Canada.
"Fixed Costs" means that the parties acknowledge that because of the nature of the services to be provided, all of the costs expressed above represent the final charge, excluding shipping and taxes.
"Information" means the compilation of non-confidential results from any Statistics Canada activities, including, but not limited to, data files, databases, public use microdata files, publications, tables, graphs, maps, reports and text for which Statistics Canada is the owner or a licensee of all intellectual property rights and made available in accordance with the Statistics Canada Open Licence, at cost or no cost, either on the Statistics Canada website or by other means as a result of a contract for goods or services. If applicable, the Information provided to the client pursuant to this Letter of Agreement is described in Appendix A.
"Letter of Agreement" means the Letter of Agreement provided by Statistics Canada and signed by Statistics Canada and the client for the confirmation of its order when the total amount of the transaction is $30,000 CAN and over.
"Purchase Confirmation" means the Purchase Confirmation provided by Statistics Canada and accepted by the client by the confirmation of its order when the total amount of the transaction is under $30,000 CAN.
"Sponsored Survey" means a statistical survey being conducted where a Survey Sponsor, or a Survey Contributor, has contributed financially to defraying its cost. All Sponsored Surveys are conducted by Statistics Canada under the authority of the Statistics Act.
"Statistical Surveys and Related Services" means a statistical survey that is designed to answer specific information needs of one or multiple clients, and the related services. This includes all essential activities to produce a statistical survey such as survey data collection, processing, compilation, analysis, writing and dissemination. The related services include all services related to statistical survey methods and development such as feasibility studies, questionnaire design, etc.
"Survey Contributor" means an organization external to Statistics Canada contributing less than 50% of total costs for a Statistical Survey and Related Services, for example to increase sample sizes in specific domains or add questions to a survey instrument.
"Survey Sponsor" means an organization external to Statistics Canada contributing 50% or more of total costs for a Statistical Survey and Related Services.
2. Interest on Overdue Accounts (non-federal clients)
- For the purpose of this section
- "Average Rate" means the simple arithmetic mean of the Bank Rates in effect at 4:00 p.m. Eastern Standard Time each day during the calendar month immediately before the calendar month in which payment is made;
- "Bank Rate" means the rate of interest established from time to time by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to members of the Canadian payments Association;
- "Date of payment" means the date of the negotiable instrument drawn by the Receiver General for Canada to pay any amount under the Agreement;
- "Due date" means, (i) the defined date to be made in accordance with the Agreement or (ii) where no date has been specified in the terms and conditions under the Agreement, the day that is 30 days after the day on which a date of date for payment is issued.
- An amount becomes "overdue" when it is unpaid on the first day following the day on which it is due and payable according to the Agreement.
- The client shall pay to Statistics Canada simple interest at the Average Rate plus 3 percent per year on any amount that is overdue, from the date that amount becomes overdue until the day before the date of payment, inclusive. Statistics Canada is not required to provide notice to the client for interest to be payable.
- The client shall pay interest in accordance with this section only if the client is responsible for the delay in paying Statistics Canada. The client will not pay interest on overdue advance payments.
3. Pre-payment
- Individuals: pre-payment is required for all purchases.
- Registered legal entities: Statistics Canada reserves the right to apply a pre-payment requirement to all purchases.
4. Methods of payment
The following methods of payment are accepted:
- Wire transfer and direct deposit (non-federal clients);
- BPS (Bill Payment Service – through financial institution) (non-federal clients);
- Credit Card (MasterCard, Visa or American Express) (non-federal clients);
- Federal Government of Canada Interdepartmental Settlement (federal clients) - Please code the costs for services provided by Statistics Canada related to the collection, dissemination, provision, analysis and access to data in support of policy research and other departmental activities to object code 0362 – Data and database access services, as per the government-wide Chart of Accounts. This also includes the costs of database searches and subscriptions to database services.
5. Currency
All payments shall be made in Canadian dollars. Clients outside Canada pay in Canadian dollars drawn on a Canadian bank or pay in equivalent US dollars, converted at the prevailing daily exchange rate, drawn on a US bank.
6. Credit Verification
All orders that are not prepaid are subject to Statistics Canada’s credit verification (non-federal clients).
7. Delivery timeline
Delivery timeline may differ from original agreement and will be confirmed upon receipt of the client’s acceptance of the Agreement.
8. Shipping charges
| Shipping Destination | Standard Rate |
|---|---|
| Canada | $6.00 |
| USA | $6.00 |
| International | $15.00 |
9. Frequency:
Annual = 1, Quarterly = 4, Monthly = 12.
10. Taxes (non-governmental clients)
Canadian clients add either 5% GST and applicable PST or HST (GST Registration No. R121491807).
11. Use of client information
Statistics Canada will only use the client's information to complete the transaction governed by the Agreement, deliver the client's product(s), provide the service(s) ordered, announce product updates and administer the client's account. From time to time, we may also offer the client other Statistics Canada products and services.
If the client does not wish to be contacted again for promotional purposes, the client shall advise the Statistics Canada representative.
12. Use of Information
The client’s use of the Information shall be governed by the Statistics Canada Open Licence.
13. Use of External Data
The client asserts that the External Data is disclosed to Statistics Canada with proper authority, in accordance with any applicable laws and/or licence or contractual terms. Upon receipt, Statistics Canada will keep the External Data confidential and use it strictly for the purpose of performing the work described in the Agreement. Statistics Canada will destroy the External Data after completion of the work described in the Agreement, or as otherwise agreed upon with the client.
14. Rights ceded to the Survey Sponsor and the Survey Contributors
Survey Sponsors and Survey Contributors have the unlimited right to re-disseminate any Information produced in the development, execution and dissemination of a Sponsored Survey, subject to these Terms and Conditions and the Statistics Canada Open Licence.
15. Rights reserved to Statistics Canada
Statistics Canada reserves the right to disseminate, in any form, any Information from a Sponsored Survey. Statistics Canada retains its intellectual property rights to all Information produced in the development, execution and dissemination of a Sponsored Survey, including a survey feasibility study or survey planning report. Statistics Canada may make any use of such Information as it sees fit.
16. Reciprocal recognition
Statistics Canada and the Survey Sponsor and Survey Contributors undertake to recognize, in significant public communications, each other's contribution to a Sponsored Survey.
17. Data confidential under the Statistics Act
Submitted questionnaires, unscreened microdata files and all other information identifying or potentially identifying respondents and their individual information are confidential under the provisions of the Statistics Act and will not be divulged pursuant to the Agreement, including to the Survey Sponsor or Survey Contributors. Requests for access to confidential data may be granted subject to Statistics Canada’s legal and administrative requirements.
18. Public use microdata files
Statistics Canada may produce and release a screened microdata file from any survey conducted under the Statistics Act, including a Sponsored Survey, in accordance with Statistics Canada’s policies and procedures. A public use microdata file constitutes Information, and its use shall be governed by the Statistics Canada Open Licence.
19. Record linkages
Any linkages between Sponsored Surveys and other data sources, including External Data, shall be conducted in accordance with Statistics Canada's policies and procedures. Statistics Canada reserves the right to publish summaries of approved linkage projects.
20. Use of Survey Sponsor staff
Statistics Canada may engage employees of the Survey Sponsor, and other persons designated by the Survey Sponsor, to perform work related to the Sponsored Survey, as mutually agreed by the Survey Sponsor and Statistics Canada, and in accordance with Statistics Canada’s legal and administrative requirements. Individuals providing such services to Statistics Canada and requiring access to confidential data will undergo a security clearance and take the oath of office pursuant to section 6 of the Statistics Act.
21. Public dissemination of survey results
Results of Sponsored Surveys remain protected and may not be disseminated to third parties or the public at large, by either Statistics Canada or the Survey Sponsor, until officially released by Statistics Canada in accordance with Statistics Canada's policies and procedures. The official release date will be established by Statistics Canada in consultation with the Survey Sponsor but must not unreasonably delay release of finalized results.
Statistics Canada may invite the Survey Sponsor, Survey Contributors and other parties to assist in quality assurance of the Sponsored Survey results or in peer review of analytical text, in accordance with its legal and administrative requirements. A separate agreement may be required between Statistics Canada and the Survey Sponsor or Survey Contributor or the third party to facilitate this work.
Statistics Canada and the Survey Sponsor may collaborate in the development of communication materials for official release. If requested by the Survey Sponsor, Statistics Canada will identify the Survey Sponsor in any public communication at the time of release.
22. Data-sharing agreement
Under certain conditions, the Statistics Act allows Statistics Canada to share unscreened survey microdata with any department or municipal or other corporation. This may include the sharing of microdata from a Sponsored Survey with the Survey Sponsor, Survey Contributors or other departments or corporations. Data sharing requires prior notice to individual respondents and a separate agreement between Statistics Canada and the Survey Sponsor or Survey Contributor, or other department or corporation.
Survey Sponsors or Survey Contributors who need access to unscreened survey microdata, shall advise Statistics Canada prior to signing the Agreement.
23. Retention of records
Statistics Canada will retain Information, files and records from a Sponsored Survey in accordance with its policies and directives.
24. Responsibility of the parties
Each party shall be solely responsible for complying with all applicable laws, regulations and policies governing its own activities in connection with the Agreement. Neither party shall have any responsibility or liability for the actions or omissions of the other party.
25. Terminations
Either party may terminate the Agreement at any time by giving 60 days written notice to the other party (in this section, "Termination Period"). Unless otherwise agreed, the terminating party shall compensate the other for any work put in place up to receipt of the notice of termination.
On the final day of the Termination Period, Statistics Canada will calculate and present to the client a report of all costs incurred. The client shall reimburse Statistics Canada for all costs incurred inclusive of the Termination Period.
26. Dispute Resolution
If a dispute arises out of, or in connection with the Agreement, the parties agree to meet to pursue resolution through negotiation or other appropriate dispute resolution process before resorting to litigation.
All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as "without prejudice" communication for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.
27. Amendments
No amendment to the Agreement or waiver of any of the terms and provisions shall be valid unless effected in writing and confirmed by email in the case of a Purchase Confirmation, and unless effected in writing and signed in the case of a Letter of Agreement, by the parties hereto.
28. Entire Agreement
The Agreement constitutes the entire agreement between the parties with respect to the subject matter described herein and supersedes all previous negotiations, communications and other arrangements whether verbal or in writing relating to it unless they are incorporated by reference in the Agreement.
GST: R121491807
Dept.: 054