B-8 - Act respecting the Bureau de la statistique

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chapter B-8
Act respecting the Bureau de la statistique
BUREAU DE LA STATISTIQUEJune 20 1998April 1 1999
Chapter B-8 is replaced by the Act respecting the Institut de la statistique du Québec (chapter I-13.011) (1998, c. 44, s. 62).
1998, c. 44, s. 62.
1. In this Act:
(a)  Bureau means the Bureau de la statistique du Québec;
(b)  Minister means the Minister of Industry, Trade, Science and Technology;
(c)  respondent means a person in respect of whom or in respect of whose activities any report or information is sought or provided pursuant to this Act.
R. S. 1964, c. 207, s. 1; 1974, c. 54, s. 1; 1977, c. 5, s. 14; 1979, c. 77, s. 27; 1984, c. 36, s. 45; 1988, c. 41, s. 89; 1994, c. 16, s. 51.
The Minister of Finance exercises the functions, powers and duties of the Minister of Industry, Trade, Science and Technology with respect to the application of this Act. O.C. 375-83 of 83.03.09, (1983) 115 G.O. 2 (French), 1414; 1994, c. 16, s. 52.
2. An administrative body is established in the Ministère de l’Industrie, du Commerce, de la Science et de la Technologie under the name of “Bureau de la statistique du Québec”.
R. S. 1964, c. 207, s. 2; 1977, c. 5, s. 14; 1979, c. 77, s. 27; 1984, c. 36, s. 45; 1988, c. 41, s. 89; 1994, c. 16, s. 51.
3. The Bureau shall consist of a director and such other functionaries and employees as are appointed under the Public Service Act (chapter F-3.1.1).
The Minister may also employ temporarily such persons as are necessary to gather for the Bureau the statistical information that he deems useful in the public interest.
R. S. 1964, c. 207, s. 3; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140; 1983, c. 55, s. 161.
4. The director, functionaries and employees of the Bureau, including all persons employed to gather statistics, before entering on their duties, must take oath in accordance with Schedules A and B of the Civil Service Act (chapter F-3.1).
R. S. 1964, c. 207, s. 4; 1965 (1st sess.), c. 14, s. 81; 1978, c. 15, s. 140.
5. The Bureau shall:
(a)  collect, compile, analyse and publish statistical information respecting any matter of provincial jurisdiction;
(b)  collaborate with the departments of the Government in gathering, compiling and publishing such information;
(c)  carry out statistical research.
R. S. 1964, c. 207, s. 5; 1977, c. 5, s. 14.
6. With the authorization of the Government, the Minister may enter with Statistics Canada into any agreement respecting the collection, exchange or transmission of information gathered in accordance with this act and of the compilations and analyses of such information.
When the Bureau gathers information within the scope of such an agreement, it must inform the respondent thereof.
R. S. 1964, c. 207, s. 6; 1974, c. 54, s. 2.
7. The Minister may enter into an agreement with any department or agency of the Gouvernement du Québec, with any municipality or, with any school board, with the Conseil scolaire de l’île de Montréal, with any statistical agency of another province of Canada, with any department or agency of the government of Canada, or with any other legal person for the exchange of information collected jointly with the Bureau and the other party to the agreement from a respondent and for the compilation or publication of such information.
1974, c. 54, s. 3; 1977, c. 5, s. 14; 1988, c. 84, s. 546; 1996, c. 2, s. 101.
8. An agreement entered into under section 7 must provide that the respondent shall be informed of the fact that the information is being gathered jointly for the use of the Bureau and for that of the other party to the agreement.
It must also provide that the agreement does not apply to a respondent who notifies the Bureau in writing that he objects to the exchange of the information between the parties to the agreement.
1974, c. 54, s. 3.
9. Subject to the second paragraph of section 8, the exchange of information collected pursuant to an agreement contemplated in section 7 may include replies to original inquiries and supplementary information provided by a respondent to either of the parties to the agreement.
1974, c. 54, s. 3.
10. The Minister shall determine what information is to be gathered and prescribe the questionnaires and forms deemed necessary.
R. S. 1964, c. 207, s. 7.
11. Every person must answer the questions asked by a functionary or employee of the Bureau with a view to gathering statistical information and must fill in and forward to the Bureau every questionnaire requiring an answer.
R. S. 1964, c. 207, s. 8.
12. Whosoever has the custody of any records, books or other documents of the Government or of any public body must give any functionary or employee of the Bureau access to such records, books or documents.
R. S. 1964, c. 207, s. 9; 1977, c. 5, s. 14.
13. Any unfair discrimination in the exercise of the powers conferred by this act is prohibited.
Nevertheless statistical information may be gathered by sampling or spot-checking.
R. S. 1964, c. 207, s. 10.
14. Any document purporting to have been signed by the Minister, the director or an authorized functionary, and containing notice of the appointment of any person employed for the carrying out of this act or any order, shall constitute primafacie proof of such appointment or order.
R. S. 1964, c. 207, s. 11.
15. Any document or paper, written or printed, purporting to be a form authorized for use in the collection of statistical information, or purporting to set forth any instruction relating to such collection, that is produced by any person employed in the application of this act as being such form or as setting forth such instructions, shall be presumed to have been supplied by the proper authority to the person producing such document, and is evidence of all instructions therein set forth.
R. S. 1964, c. 207, s. 12; 1974, c. 54, s. 4.
16. Subject to the agreements provided for in sections 6 and 7, no report made under this act, nor any answer to a question asked under this act may be disclosed without the previous written consent of the respondent and, except for the purposes of proceedings under this act, no one other than a person contemplated in section 3 may be authorized to take cognizance thereof.
No publication contemplated by this act may contain information relating to a specific individual, undertaking or organization in such a way that the details contained in a report exclusively concerning an identifiable individual, undertaking or organization could be connected with such individual, undertaking or organization.
R. S. 1964, c. 207, s. 13; 1974, c. 54, s. 4.
17. The director of the Bureau may in writing, authorize the publication of:
(a)  information gathered by persons, departments or agencies for their own use and communicated to the Bureau before or after 5 July 1974; however, such information shall be subject, when communicated to the Bureau, to the requirements of secrecy to which it was subject when gathered and shall not be disclosed by the Bureau except in the manner and to the extent agreed upon with the respondents by those who gathered it or the director of the Bureau;
(b)  the information available to the public under any act;
(c)  a list of names and addresses of individual establishments;
(d)  a list of the products obtained, manufactured, processed, prepared, transported, stored, purchased or sold by individual establishments in the course of their business or of the services provided by such establishments;
(e)  a list of the names and addresses of individual establishments that are within specific ranges of numbers of employees or persons engaged or constituting its work force;
(f)  information relating to a public agency or transportation service.
1974, c. 54, s. 5.
18. No statistical report transmitted to the Bureau in accordance with this Act and no copy of such a report in the possession of a respondent shall be used as evidence for any purpose other than that provided for under this Act and no person contemplated in section 3 may, in any proceeding, testify or produce any report, document or record relating to any information obtained in the course of the application of this Act.
This section applies in respect of any information that the Bureau is prohibited by this Act from disclosing or that may only be disclosed in accordance with the authorization contemplated in section 17.
1974, c. 54, s. 5; 1992, c. 61, s. 88.
19. Any functionary or employee of the Bureau who,
(a)  on pretext of performing his duty, obtains or tries to obtain information that he is not authorized to obtain, or
(b)  does not keep secret, as prescribed by this Act, any information gathered,
is guilty of an offence and liable to a fine of $1 000.
R. S. 1964, c. 207, s. 14; 1974, c. 54, s. 6; 1990, c. 4, s. 110.
20. Any functionary or employee of the Bureau who
(a)  reveals without right to a third party any information obtained in the course of his employment and capable of affecting the current price of any article or security, or
(b)  uses such information to speculate in any article or security,
is guilty of an offence and liable to a fine of $5 000.
R. S. 1964, c. 207, s. 15; 1990, c. 4, s. 111.
21. Whosoever, being required by a functionary or employee of the Bureau to supply information or fill in and forward a questionnaire, refuses or neglects, without reasonable excuse, to do so within the delay allowed or gives a false answer to any question, is guilty of an offence for each such refusal or neglect and is liable for each to a fine of $200.
R. S. 1964, c. 207, s. 16; 1974, c. 54, s. 7; 1990, c. 4, s. 112.
22. Whosoever, having custody of any records, books or other documents of a public body, prevents any functionary or employee of the Bureau from examining the same, is guilty of an offence and liable to a fine of $500.
R. S. 1964, c. 207, s. 17; 1974, c. 54, s. 8; 1990, c. 4, s. 113.
22.1. (1)  The fund of the Bureau de la statistique du Québec is hereby established to pay the remuneration and the expenses relating to social benefits and other conditions of employment of the personnel needed to provide services rendered by the Bureau, and any other costs incurred for that purpose.
(2)  The Government shall determine for what services and costs payment may be made out of or assumed by the fund and what surpluses shall be remitted to the consolidated revenue fund.
(3)  The fund shall be managed by the Minister of Finance and the books shall be kept by the director of the Bureau. The fund shall be maintained by the sums collected by the Bureau for services rendered and by such sums as may be advanced to it by the Minister of Finance out of the consolidated revenue fund upon the authorization of the Government.
(4)  Subject to subsections 1 to 3, the fund is governed by the provisions of the Financial Administration Act (chapter A-6), adapted as required.
1987, c. 60, s. 1.
23. (Repealed).
R. S. 1964, c. 207, s. 18; 1990, c. 4, s. 114.
24. (This section ceased to have effect on 17 April 1987).
1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 207 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter B-8 of the Revised Statutes.