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Bill S-13 "Undertaking"

Many people have expressed concern regarding the "undertaking" referred to in Bill S-13. Apparently due to "Cabinet Confidentialities" we are not allowed to see the Regulations or the Undertaking at this time.

The following is the text of a message sent to a number of genealogy mail lists. The message is self-explanatory.



Greetings all.

I have just got off the phone from Jeff Paul in Senator Milne's office. One topic of discussion was the proposed "undertaking" mentioned in Bill S-13. Jeff has been trying to obtain permission to post the "undertaking" on the lists but he has so far been unable to do so. He did, however, read it to me.

Other than the fact that I see no need for either the non-disclosure of any information beyond the mandated period of closure (currently 92 years), or for the need of any "undertaking" at all, I did not find it to be onorous or highly restrictive. From my memory of what was read to me, the "undertaking" would be something along the lines of the following:


I _____(name)______ make application for access to records of the __(year)__ Census.

I am conducting __(genealogical / historical)___ research.

I agree not to disclose, during the period of 92 years to 112 years after collection, any information from these records other than the following: Name, Address, Age (or birthdate), Sex, Marital Status, Origin, and Occupation.

I agree not to infringe on any Copyright relating to these records.

I am aware of the penalties for violation of this undertaking.

Signed ___________________ Date _______________


Do not hold me to the exact wording, but this is the jist of what the "undertaking" would be.

There would also be a very minor form specifying permission for someone to do research on behalf of another person.

While the so-called "compromise solution" of Ivan Fellegi defined "family" very narrowly as "a direct descendant of a direct ancestor", there is no such definition attached to Bill S-13. In a Legislative Summary available to MPs and Senators there are a number of questions and answers relating to the Census issue and Bill S-13. One of those questions relates to a definition of 'family' for purposes of research. The answer was that 'family' would include anyone connected by blood, marriage, or adoption. That pretty well covers every possibility.

There have been many concerns expressed on the lists regarding what the "undertaking" would entail. I hope that this information helps to relieve any anxieties regarding it.

Happy Hunting.

Gordon A. Watts gordon_watts@telus.net
Co-Chair, Canada Census Committee
Port Coquitlam, BC




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