First Nations Fiscal and Statistical Management Act (S.C. 2005, c. 9)

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.

Marginal note:Protection of information

• 108. (1) Except for the purpose of communicating information in accordance with the conditions of an agreement made under section 106, for the conduct of a prosecution under this Act or for the purposes of subsection (2),

  • (a) no person, other than a person employed by, or under contract to, the Institute and sworn or affirmed under section 103, shall be permitted to examine any identifiable individ­ual return made for the purposes of this Part; and

  • (b) no person who has been sworn or affirmed under section 103 shall knowingly disclose any information obtained by the Institute that can be related to any identifiable individual, first nation, business or organization.

• Marginal note:Permissible disclosure

  (2) The First Nations Chief Statistician may authorize the following information to be disclosed:

  • (a) information collected by persons, first nations, organizations or departments for their own purposes and communicated to the Institute, subject to the same secrecy requirements applicable to it when it was collected, and in the manner and to the extent agreed on by its collector and the First Nations Chief Statistician;

  • (b) information relating to a person, first nation, business or organization in respect of which disclosure is consented to in writing by that person, first nation, business or organization;

  • (c) information available to the public under an Act of Parliament or of the legislature of a province;

  • (d) information relating to a hospital, institution for individuals with a mental health disability, library, educational institution or other similar non-commercial institution that cannot be related to an individual to whom services were or are provided by that institution; and

  • (e) a list of businesses, showing

    • (i) their names and addresses,

    • (ii) the telephone numbers at which they may be reached in relation to statistical matters,

    • (iii) the official language in which they prefer to be addressed in relation to statistical matters,

    • (iv) the products they produce, transport, store, purchase or sell, or the services they provide, in the course of their business, or

    • (v) the number of persons they employ, as a specified range.