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Revised Statutes of Newfoundland 1990


CHAPTER I-5

AN ACT RESPECTING INDUSTRIAL STATISTICS

Analysis

1. Short title

2. Definitions

3. Duties of officials

4. Oath or affirmation

5. Collection of data

6. Special statistical investigation

7. Secrecy of returns

8. Access to records and documents

9. Penalty

10. No discrimination

11. Government of Canada


Short title

1. This Act may be cited as the Industrial Statistics Act.

RSN1970 c171 s1

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Definitions

2. In this Act

(a) "deputy minister" means the Deputy Minister of Employment and Labour Relations or, where a minister of the Crown conducts a special statistical investigation under section 6, the deputy minister of the department over which that minister exercises authority; and

(b) "minister" means the Minister of Employment and Labour Relations or, where a minister of the Crown conducts a special statistical investigation under section 6, that minister.

RSN1970 c171 s2; 1973 No34 Sch B; 1977 c29 s3; 1984 c40 Sch B; 1989 c25 Sch B

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Duties of officials

3. (1) The deputy minister is charged with the collection of statistics under this Act and the Lieutenant-Governor in Council may appoint persons, and the minister may designate persons employed in the department of government over which that minister exercises authority, as officers or clerks to assist the minister; and the deputy minister and every person so appointed or designated shall be responsible to the minister and shall, on request, provide to the Lieutenant-Governor in Council or to the minister information collected by them or coming into their possession in the course of their duties under this Act.

(2) The Lieutenant-Governor in Council shall decide the remuneration to be paid to a person appointed under this section, where that person is not an employee of the government.

RSN1970 c171 s3

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Oath or affirmation

4. (1) The deputy minister and all officers or clerks appointed or designated to assist the deputy minister shall, before entering on their duties, take and sign the following oath or affirmation:

"I, A.B., solemnly swear (or affirm) that I will not without authority in that behalf disclose or make known a matter or thing which comes to my knowledge, in the course of my duties or because of my employment under the Industrial Statistics Act." (Where an oath is taken, add "So help me God".).

(2) The oath or affirmation shall be taken before a commissioner for oaths or a justice of the peace and returned and recorded in the manner that the minister may prescribe.

RSN1970 c171 s4

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Collection of data

5. (1) The deputy minister may, under the direction of the minister, prepare forms for the collection of data that may be considered desirable for the proper presentation of industrial statistics covering those periods that may be prescribed by the minister, which forms may embody requirements as to

(a) the names of persons, partnerships or corporations;

(b) the kinds of business done, or goods manufactured by persons, partnerships or corporations;

(c) the period of time during which business is carried on;

(d) the amount of capital invested;

(e) the total value of all materials and fuel purchased and used giving details by quantity and value for a particular class of materials and fuel that may be prescribed;

(f) the quantity of goods manufactured, handled or exported;

(g) the power used or generated;

(h) the number of persons employed, classified as may be prescribed;

(i) hourly, weekly or monthly rates of pay;

(j) the number of working hours a week;

(k) total amount paid in hourly wages;

(l) total amount paid in salaries;

(m) particulars of cost of living, production or other bonus; and

(n) other special matters,

and some or all of the forms may be sent to the owner, operator or manager of a business or enterprise with respect to which information is desired, or to a person who has custody or charge of municipal records or documents.

(2) A Provincial Court judge or member of the Royal Newfoundland Constabulary may be required to provide periodically or from time to time, particulars relating to matters enumerated in subsection (1) on forms to be approved by the minister and forwarded by the deputy minister.

(3) A form prepared under this section may be sent by mail to the person to whom it is directed and that person shall answer the inquiries and return the form properly certified as to accuracy to the deputy minister by whom it was sent, not later than the time prescribed but the minister may extend the time for returning it.

RSN1970 c171 s5; 1979 c38 s1; 1981 c79 s8

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Special statistical investigation

6. The Lieutenant-Governor in Council may authorize a minister exercising authority over a department of government to have a special statistical investigation made in industry which is considered advisable and may, in addition to, in variation of, or instead of, section 5 prescribe the matters to be inquired into, the manner in which the investigation is to be carried out and the forms to be sent to the persons described in subsections 5(1) and (2).

RSN1970 c171 s6

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Secrecy of returns

7. (1) An individual return, and a part of an individual return made, and an answer to a question put for the purpose of this Act shall not, except as part of a general report or summary of general statistics, be published without the previous written consent of the person, partnership or corporation in relation to whose business the return or answer is made or given, nor, except for the purposes of a prosecution under this Act, is a person not authorized to do so by this Act permitted to see an individual return or a part of a return.

(2) A report, summary of statistics, or other matter for publication prepared under this Act shall not contain the particulars comprised in an individual return so arranged as to enable a person to identify a particular so published as being a particular relating to the business of an individual person, partnership or corporation.

RSN1970 c171 s7

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Access to records and documents

8. A person who has the custody or charge of provincial, municipal or other public records or documents or of records or documents of a corporation containing information sought for the purposes of this Act shall grant to the minister or to a person appointed by the minister access for the purpose of obtaining the information.

RSN1970 c171 s8

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Penalty

9. A person who without lawful excuse refuses or neglects to fill out with true and complete information to the best of his or her knowledge and belief a form which he or she has been required to fill out, or refuses or neglects to return the form where required by this Act, or wilfully gives false information or practises another deception, or wilfully contravenes section 7 or 8 is, for every refusal or neglect, false answer or deception, or wilful contravention, guilty of an offence and liable upon summary conviction, if a corporation, to a penalty not exceeding $100, and, if a person, other than a corporation, to that penalty or to imprisonment for a period not exceeding 3 months.

RSN1970 c171 s9

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No discrimination

10. The Lieutenant-Governor in Council shall not, nor shall the minister, in the execution of the powers conferred by this Act, discriminate between individuals and companies to the prejudice of an individual or company.

RSN1970 c171 s10

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Government of Canada

11. The minister may enter into an arrangement with the Government of Canada providing for a matter necessary or convenient for the purpose of giving effect to this Act.

RSN1970 c171 s11

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