Addendum to the Supplement to Statistics Canada’s Generic Privacy Impact Assessment related to 2024 Census Test

Date: August 2024

Program manager: Director General, Census Management Office

Original Supplement to the Generic Privacy Impact Assessment:
Supplement to Statistics Canada's Generic Privacy Impact Assessment related to the 2024 Census Test.

Reference to Personal Information Bank (PIB)

No modifications to original SPIA.

Description of changes to the statistical activity

Under the authority of the Statistics ActFootnote 1, Statistics Canada is conducting a second round of the mandatory 2024 Census Test from September to October 2024. As stated in the original 2024 Census Test SPIA, the objectives of the Census Test, which involves a sample of dwellings across the country, are to determine whether new or revised questions under consideration for the 2026 Census of Population can be easily understood and correctly answered, and to assess public reaction to these questions by testing them on a large scale.

A new question on sexual orientation is being considered for the 2026 Census. This new question would collect information on the sexual orientation of people living in Canada, including those who are lesbian, gay, bisexual, pansexual, or of another sexual orientation than heterosexual (LGB+) to produce census data on the entire 2SLGBTQ+ population. These data would seek to fill an identified gap and respond to identified stakeholder needs, ensuring that all Canadians are represented, and to support programs that provide equal opportunity for everyone to share in the social, cultural, and economic life of Canada.

The addition of this new question has undergone several preparatory qualitativeFootnote 2 tests – cognitive one-on-one interviews and focus groups – that indicated that the question was well understood and that in general, respondents were comfortable answering the question for themselves and others in their household.

The question now requires to be quantitatively tested to evaluate specific areas only possible with quantitative testing, including:

  • the placement of the question and whether there is impact on other questions,
  • respondent behaviour to this question in a proxy environment, where responses are requested on behalf of other members of the household including minors (15 years and over), and
  • respondents’ perception of the question in a census environment.

Reason for addendum

While the Generic Privacy Impact Assessment (PIA) along with the Supplement to the Generic Privacy Impact Assessment for the 2024 Census Test address most of the privacy and security risks related to statistical activities conducted by Statistics Canada, this addendum describes potential new risks associated with the collection, processing and use of data related to new census content being considered and the possible concerns of Canadians about the intrusiveness of the collection. As is the case with all PIAs, Statistics Canada's privacy framework ensures that elements of privacy protection and privacy controls are documented and applied.  

Necessity and Proportionality

The collection and use of this personal information for the 2024 Census of Population Test can be justified against Statistics Canada’s Necessity and Proportionality Framework:

  • Necessity: Statistics Canada's mandate is to ensure that Canadians have access to a trusted source of statistics that meet their highest priority information needs. The new content proposed for the census is the result of a Census Content Determination Framework that begins with consulting external stakeholders on their uses of the data and related information needs including the requirements for relevance and quality, followed by an assessment of the Canadian context which encompasses respondent burden and societal privacy concerns, and an assessment of Statistics Canada considerations including costs, operational factors, data quality and safeguards against loss of efficiency and/or quality in other Statistics Canada programs.

The sexual orientation content under consideration responds to high priority data requirements identified through extensive consultation with federal partners, academics, people working with LGB+ individuals, and people who are LGB+ themselves. These groups identified a need for data to be collected on sexual orientation in the Census to support programs and policies listed below as well as research needs.  For example, Census data is used to produce the Employment Equity Annual ReportFootnote 3

In addition to addressing gaps in information that can’t be addressed by other existing statistical programs at the level of detail required, the collection of these data through the Census of Population long form which is completed by 25% of Canadian households, would support legislation and government priorities such as:

  • The federal task force mandated to review Canada’s Employment Equity Act released a reportFootnote 4 recommending the inclusion of people who are 2SLGBTQI+ as an equity group under the Act.
  • The Canadian Human Rights ActFootnote 5 has specifically included sexual orientation as one of the prohibited grounds of discrimination since 1996.
  • Canada’s 2SLGBTQI+ Action PlanFootnote 6 which includes objectives aimed at strengthening national data on sexual and gender diverse populations.

During the two-year consultation process and qualitative testing, there was no clear consensus in terms of the minimum age to ask this question. Age 15 was chosen as this is the current standard at Statistics Canada. Ages 15 and 16 are most commonly used internationally to measure sexual orientation. Furthermore, the employment equity benchmarking requirement is for members of the labour force aged 15+.

  • Effectiveness - Working assumptions: The collection and use of this data during the 2024 Census Test will be effective in meeting Statistics Canada's objectives because it is necessary to ensure that the 2026 Census of Population produces relevant, high priority, statistically meaningful information. The addition of the new question must be tested prior to the 2026 Census in anticipation of this potential new inclusion as an equity group under the Employment Equity Act.
  • Proportionality: The most efficient method for effectively testing possible changes to the Census questionnaire is the mandatory sample survey. The sample size (24,000) was determined in such a way as to ensure that the test objectives are met, while minimizing as much as possible the burden on respondents and the cost. Half of households selected (12,000) will receive the control panel, which does not have the sexual orientation question, while the second half (12,000) will receive the test questionnaire with the new sexual orientation question. The test is the opportunity to gather data that supports the analysis of the impacts of proposed content changes on data quality, response burden, etc. For example, Statistics Canada will examine the non-response rates for the questions following the sexual orientation question, the information in the text box of the test question, the comments in the test panel and the response patterns by demographic characteristics, etc. The findings provide a solid foundation upon which Statistics Canada’s final recommendations for census content changes are based, and upon which Cabinet can base their decision on the final content for the next census cycle.
  • Alternatives: The Census of Population is one of the only sources of information for small geographic areas based on the same statistical concepts for the entire country, and the only source of information for many socioeconomic characteristics. The most efficient method for effectively testing possible changes to the Census questionnaire is the mandatory sample survey to be conducted in 2024.

According to the most recent estimates the LGB+ population accounts for 4.4% of the population aged 15 and over in CanadaFootnote 7. Due to the small size of this population, existing social surveys do not have sufficiently large sample sizes to obtain estimates of the LGB+ population that can address data gaps at lower geographic levels than national estimates. Therefore, social surveys are not a viable option as an alternative if employment equity benchmarking data is required for legislative purpose. To provide benchmarking information to administer the Employment Equity Act, in order to calculate the Labour Market Availability and in particular, the Workforce Availability Data for federally regulated industries, information on LGB+ population combined with information on occupational groups and to certain cases, citizenship is required.  Making such granular data available, including for many key socioeconomic indicators that are available through the Census, will support internal and external data users in developing program, policies and services that address the needs of LGB+ people wherever they live in Canada.

Mitigation factors

As was the case for the initial 2024 Census Test, this additional test will adhere to all Statistics Canada policies on collection, processing, and dissemination of information.

The new question on sexual orientation could be considered sensitive especially when asked by proxy, and in particular of youth or minors, due to the possibility of unwanted or unintended disclosure of the information to other members of the household (i.e., family members, blended families, roommates, etc.).

The overall risk of harm to the survey respondents has been deemed manageable with existing Statistics Canada safeguards that are described in Statistics Canada’s Generic Privacy Impact Assessment and the original Supplement to Statistics Canada's Generic Privacy Impact Assessment related to the 2024 Census Test, as well as with the following measures:

  • The sexual orientation question is not asked of household members under the age of 15 years.
  • A definition of sexual orientation and an explanation of why the information is being collected is presented to respondents in the questionnaire, along with additional off-screen resources to assist respondents in responding:
    • Definition: Sexual orientation refers to how a person describes their sexuality.
    • Reason for collecting: This question collects data that are used by governments, businesses, community groups, health care providers, researchers, and a variety of organizations throughout the country to support programs that provide equal opportunity for everyone to share in the social, cultural, and economic life of Canada. These data are also used to support legislation such as the Canadian Human Rights Act that includes sexual orientation as one of the prohibited grounds of discrimination.
    • Instructions: Select the response that indicates the person’s sexual orientation. The write-in response “Or specify this person’s sexual orientation” is included to allow people to self-identify in an inclusive and respectful way. Respondents answering on behalf of other people in their household, such as parents answering on behalf of their children, should answer – to the best of their knowledge – what they think other household members would answer.
  • Respondents are encouraged to answer to the best of their knowledge, and they can specify that they prefer not to answer in the write-in space.
    • Since the introduction in 2018 of this question to other Statistics Canada surveysFootnote 8 with the “please specify” option, survey respondents have been using it to indicate that they prefer not to respond or “I don’t know.” Many respondents in qualitative testing indicated that they would write-in this response if there were no “I don’t know” or “Prefer not to say” option.
  • During collection for the 2026 Census of Population, respondents will be able to request to complete their own questionnaire if they do not wish to disclose personal information to others in their household. This option is not available for the Census Test due to operational restrictions.

Adding response categories to the sexual orientation question for “Prefer not to answer” and “Don’t Know” were carefully considered, but were not retained for of the following reasons:

  • The question, without these response options, has been used by other Statistics Canada surveys, it was developed through consultations, and has been extensively tested qualitatively. Adding additional response categories could change response patterns with an unknown impact on data quality.
  • This would be the first time such options would be included on the census, which is a mandatory survey. The option “’prefer not to answer” would render the question voluntary and would raise data quality issues if it were the only question with this response category.
  • The addition of the options of “prefer not to say” or “I don’t know” to only the sexual orientation question could be perceived as negatively singling out this topic.

Conclusion

This assessment concludes that with the existing Statistics Canada safeguards, any remaining risks are such that Statistics Canada is prepared to accept and manage the risk.

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