PART 5FIRST NATIONS STATISTICAL INSTITUTE

Interpretation

Marginal note:Definitions

90. The following definitions apply in this Part.

“Institute”

« Institut »

“Institute” means the First Nations Statistical Institute.

“other aboriginal group”

« autre groupe autochtone »

“other aboriginal group” means an aboriginal group that was formerly a band under the Indian Act and that is a party to a treaty, land claim agreement or self-government agreement with Canada.

“respondent”

« intéressé »

“respondent” means a person in respect of whom, or in respect of whose activities, a report or information is sought or provided under this Part.

Establishment and Organization of Institute

Marginal note:Institute

91. There is hereby established an institute, to be known as the First Nations Statistical Institute, which may carry on business under the name of “First Nations Statistics”.

Marginal note:Crown Corporation

92. The Institute is a Crown corporation and is governed by Part X of the Financial Administration Act, but to the extent that any provisions of this Part are inconsistent with sections 105 and 121 of that Act, the provisions of this Part prevail.

Marginal note:Not an agent of Her Majesty

93. The Institute is not an agent of Her Majesty.

Marginal note:Board of directors

• 94. (1) The Institute shall be managed by a board of directors, consisting of 10 to 15 directors, including the Chairperson and Vice-Chairperson.

• Marginal note:Ex officio director

  (2) The Chief Statistician of Canada shall be a member of the board of directors.

Marginal note:Appointment of Chairperson

95. On the recommendation of the Minister, the Governor in Council shall appoint a Chairperson to hold office during pleasure for a term not exceeding five years.

Marginal note:Appointment of other directors

96. On the recommendation of the Minister, the Governor in Council shall appoint a minimum of eight, and a maximum of 13, additional directors to hold office during pleasure for a term not exceeding five years.

Marginal note:Staggered terms

• 97. (1) In determining the term of appointment of directors, the Governor in Council shall endeavour to ensure that the terms of no more than three directors expire in any one calendar year.

• Marginal note:Qualifications

  (2) The board of directors shall be composed of men and women from across Canada, including members of first nations, who are committed to improving first nations statistical information and analysis and who have the experience or capacity to enable the Institute to fulfil its mandate.

Marginal note:Status

98. The Chairperson and other directors shall hold office on a part-time basis.

Marginal note:Election of Vice-Chairperson

• 99. (1) The board of directors shall elect a Vice-Chairperson from among the directors.

• Marginal note:Functions

  (2) In the event of the absence or incapacity of the Chairperson, or if the office of Chairperson is vacant, the Vice-Chairperson shall assume the duties and functions of the Chairperson.

Marginal note:Reappointment

100. A director may be reappointed for a second or subsequent term of office.

Marginal note:Head office

101. The head office of the Institute shall be at a location determined by the Governor in Council.

Marginal note:First Nations Chief Statistician

• 102. (1) On the recommendation of the Minister, the Governor in Council shall appoint a First Nations Chief Statistician to hold office during pleasure on a full-time basis for a term not exceeding five years.

• Marginal note:Remuneration

  (2) The First Nations Chief Statistician shall be paid the remuneration determined by the Governor in Council.

• Marginal note:Staff

  (3) The board of directors shall determine the duties of other officers and employees and the conditions of their employment.

• Marginal note:Staff

  (4) The First Nations Chief Statistician may hire any other officers and employees that are necessary to conduct the work of the Institute.

• Marginal note:Salaries and benefits

  (5) Persons hired under subsection (4) shall be paid salaries and benefits fixed by the board of directors.

Marginal note:Oath of office

103. The First Nations Chief Statistician, every person employed by the Institute, every person retained under contract by the Institute and every employee and agent of a person retained under contract by the Institute shall, before commencing their duties, swear or solemnly affirm that he or she will comply with section 108 and will not without authority disclose any information acquired in the course of his or her duties that can be related to any identifiable individual, first nation, business or organization.

Purposes

Marginal note:Mandate

104. The purposes of the Institute are to

• (a) provide statistical information on, and analysis of, the fiscal, economic and social conditions of

  • (i) Indians and other members of first nations,

  • (ii) members of other aboriginal groups, and

  • (iii) other persons who reside on reserve lands or lands of other aboriginal groups;

• (b) promote the quality, coherence and compatibility of first nations statistics and their production in accordance with generally accepted standards and practices through collaboration with first nations, federal departments and agencies, provincial departments and agencies and other organizations;

• (c) work with, and provide advice to, federal departments and agencies and provincial departments and agencies on first nations statistics;

• (d) work in cooperation with Statistics Canada to ensure that the national statistical system meets the needs of first nations and Canada; and

• (e) build statistical capacity within first nation governments.

Powers

Marginal note:General powers

• 105. (1) In furtherance of the purposes set out in section 104, the Institute may enter into agreements with aboriginal and other governments and organizations.

• Marginal note:Particular powers

  (2) The Institute may collect, compile, analyze and abstract data for statistical purposes respecting any of the following matters as they relate to first nations, to reserve lands, to Indians and other members of first nations, to members of other aboriginal groups, and to other persons who reside on reserve lands or lands of other aboriginal groups:

  • (a) population;

  • (b) agriculture;

  • (c) health and welfare;

  • (d) commercial and industrial activities;

  • (e) law enforcement, the administration of justice and corrections;

  • (f) finance;

  • (g) education;

  • (h) language, culture and traditional activities;

  • (i) labour and employment;

  • (j) prices and the cost of living;

  • (k) transportation and communications;

  • (l) electric power, gas and water utilities;

  • (m) public administration;

  • (n) community services;

  • (o) the environment;

  • (p) forestry, fishing and trapping; and

  • (q) any other matter prescribed by regulation.

• Marginal note:Publication

  (3) The Institute shall publish and make publicly available statistical information collected, compiled, analysed or abstracted under subsection (2) in a manner that does not permit the information to be related to any identifiable individual, business or organization.

Marginal note:Sharing of information

• 106. (1) The Institute may enter into an agreement with a first nation or other aboriginal group, federal department or agency, provincial department or agency, municipality, corporation or other organization for the sharing of information collected by or on behalf of either party and for its subsequent tabulation or publication.

• Marginal note:Agreement

  (2) An agreement under subsection (1) shall provide that

  • (a) respondents from whom information is collected are to be informed by notice that the information is being collected on behalf of the Institute and the first nation, other aboriginal group, department, agency, municipality, corporation or organization, as the case may be; and

  • (b) if the respondents object by notice in writing to the First Nations Chief Statistician to the sharing of the information by the Institute, the information will not be shared unless the first nation, other aboriginal group, department, agency, municipality, corporation or organization is authorized by law to require respondents to provide that information.

Marginal note:Federal data

• 107. (1) Subject to subsection (2), documents or records relating to first nations, Indians or other members of first nations, or to members of other aboriginal groups, that are maintained by any department, body or corporation set out in any of Schedules I to III to the Financial Administration Act that is prescribed by regulation shall be disclosed to the Institute for the purposes of this Part in accordance with an agreement referred to in subsection (3).

• Marginal note:Exception

  (2) A department, body or corporation referred to in subsection (1) is not required to disclose any information that it is required to, or may, withhold under any federal law or under any privilege at law.

• Marginal note:Agreement required

  (3) The Institute shall enter into an agreement for the collection and use of information referred to in subsection (1) with the department, body or corporation from whose documents or records it is to be obtained.