Guide to the Census of Population, 2021
Appendix 1.1 – Legislation
Introduction
The Constitution of Canada (and its amendments) requires that the Census of Population be conducted to determine the population of Canada and the required number of members of the House of Commons.
The Statistics Act
According to the Statistics Act, Statistics Canada is required to conduct a Census of Population and Census of Agriculture every five years, in the years ending in 1 and 6. The relevant provisions of the Statistics Act are as follows:
Subsection 19 (1):
Section 20:
Subsection 21 (1):
Subsection 21 (2):
Requirement to respond
Mandatory requirement to respond
Just as Statistics Canada is required by law to conduct a census, respondents are required by law to complete their census questionnaires.
This requirement is set out in subsections 7(1), 8(1), 23(1), 23(2) and section 31 of the Statistics Act, which reads as follows:
Rules, instructions and requests for information
Subsection 7 (1):
Mandatory or voluntary requests for information
Subsection 8 (1):
Request for information by any method
Subsection 23 (1):
Duty to provide information
Subsection 23 (2):
False or unlawful information
The requirement to complete a census questionnaire is supported by the penalty provisions of Section 31 of the act, which was amended in 2017 to remove imprisonment as a penalty. This section is as follows:
Section 31:
Constitutional law
- A decennial census (i.e., a census every ten years) in the year 1871 and every tenth year thereafter is required under section 8 of the Constitution Act, 1867 (formerly named the British North America Act, 1867).
- Conduct of the census is made the responsibility of the federal government under section 91, subsection 6 of the Constitution Act, 1867.
- Representation in the House of Commons is made dependent on decennial census data under section 51 of the Constitution Act, 1867, as amended by the Representation Act, 1974.
- The amending formula for the Constitution Act is made dependent on population data from the “latest general census” under section 38 of the Canada Act, 1982.
- A
number of provisions relating provincial subsidies to population have been
legislated and amended over the years. The following is a summary of this
legislation:
- The Constitution Act, 1930, Schedule, replaced the 1907 legislation with respect to the three Prairie provinces. A subsidy was made payable to these provinces (Alberta, Saskatchewan and Manitoba) based on quinquennial census population counts and a variable with these counts up to a maximum population of 1,200,000. These provisions are still in effect.
- Legal opinions provided to Statistics Canada indicate a constitutional obligation to conduct a quinquennial census of the Prairie provinces exists until such time as their populations exceed 1,200,000. Since 1961, the population of Alberta has exceeded 1,220,000.
- The Newfoundland Act, 1949, Schedule, part 26, made a federal subsidy to that province dependent on decennial census population counts. This provision is still in effect.
- Representation of Alberta and Saskatchewan in the House of Commons was made dependent on the mid-decade census of those provinces for the first mid-decade census subsequent to their creation only (i.e., 1906). Thereafter, representation was to be based on the decennial census of Canada (Alberta Act, 1905, section 6; Saskatchewan Act, 1905, section 6).
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