1985, c. 24 (4th Supp.)
C-18.7
An
Act for the preservation and enhancement of multiculturalism in Canada
NOTE
[1988,
c. 31, assented to 21st July, 1988]
WHEREAS the Constitution of
Canada provides that every individual is equal before and under the law and has
the right to the equal protection and benefit of the law without discrimination
and that everyone has the freedom of conscience, religion, thought, belief, opinion,
expression, peaceful assembly and association and guarantees those rights and
freedoms equally to male and female persons;
AND WHEREAS the Constitution
of Canada recognizes the importance of preserving and enhancing the
multicultural heritage of Canadians;
AND WHEREAS the Constitution
of Canada recognizes rights of the aboriginal peoples of Canada;
AND WHEREAS the Constitution
of Canada and the Official Languages Act provide that English and French
are the official languages of Canada and neither abrogates nor derogates from
any rights or privileges acquired or enjoyed with respect to any other
language;
AND WHEREAS the Citizenship
Act provides that all Canadians, whether by birth or by choice, enjoy equal
status, are entitled to the same rights, powers and privileges and are subject
to the same obligations, duties and liabilities;
AND WHEREAS the Canadian
Human Rights Act provides that every individual should have an equal
opportunity with other individuals to make the life that the individual is able
and wishes to have, consistent with the duties and obligations of that
individual as a member of society, and, in order to secure that opportunity,
establishes the Canadian Human Rights Commission to redress any proscribed
discrimination, including discrimination on the basis of race, national or
ethnic origin or colour;
AND WHEREAS Canada is a
party to the International Convention on the Elimination of
All Forms of Racial Discrimination, which Convention recognizes that all
human beings are equal before the law and are entitled to equal protection of
the law against any discrimination and against any incitement to
discrimination, and to the International Covenant on Civil
and Political Rights, which Covenant provides that persons belonging to
ethnic, religious or linguistic minorities shall not be denied the right to
enjoy their own culture, to profess and practise their own religion or to use
their own language;
AND WHEREAS the Government
of Canada recognizes the diversity of Canadians as regards race, national or
ethnic origin, colour and religion as a fundamental characteristic of Canadian
society and is committed to a policy of multiculturalism designed to preserve
and enhance the multicultural heritage of Canadians while working to achieve
the equality of all Canadians in the economic, social, cultural and political
life of Canada;
NOW, THEREFORE, Her Majesty,
by and with the advice and consent of the Senate and House of Commons of
Canada, enacts as follows:
1.
This Act
may be cited as the Canadian Multiculturalism Act.
2.
In this
Act,
"federal
institution"
«institutions fédérales »
"federal
institution" means any of the following institutions of the Government of
Canada:
(a) a department, board, commission or council, or other
body or office, established to perform a governmental function by or pursuant
to an Act of Parliament or by or under the authority of the Governor in
Council, and
(b) a departmental corporation or Crown corporation as
defined in section 2 of the Financial Administration Act,
but
does not include
( c) any institution of the Council or government of the
Northwest Territories or of the Legislative Assembly or government of Yukon or
Nunavut, or
(d) any Indian band, band council or other body established
to perform a governmental function in relation to an Indian band or other group
of aboriginal people;
"Minister"
«ministre »
"Minister"
means such member of the Queen’s Privy Council for Canada as is designated by
the Governor in Council as the Minister for the purposes of this Act.
R.S., 1985, c. 24 (4th
Supp.), s. 2; 1993, c. 28, s. 78; 2002, c. 7, s. 129.
3.
(1) It is hereby declared to be the policy of the
Government of Canada to
(a) recognize and promote the understanding that
multiculturalism reflects the cultural and racial diversity of Canadian society
and acknowledges the freedom of all members of Canadian society to preserve,
enhance and share their cultural heritage;
(b) recognize and promote the understanding that
multiculturalism is a fundamental characteristic of the Canadian heritage and
identity and that it provides an invaluable resource in the shaping of Canada’s
future;
(c) promote the full and equitable participation of
individuals and communities of all origins in the continuing evolution and
shaping of all aspects of Canadian society and assist them in the elimination
of any barrier to that participation;
(d) recognize the existence of communities whose members
share a common origin and their historic contribution to Canadian society, and
enhance their development;
(e) ensure that all individuals receive equal treatment and
equal protection under the law, while respecting and valuing their diversity;
(f) encourage and assist the social, cultural, economic and
political institutions of Canada to be both respectful and inclusive of
Canada’s multicultural character;
(g) promote the understanding and creativity that arise
from the interaction between individuals and communities of different origins;
(h) foster the recognition and appreciation of the diverse
cultures of Canadian society and promote the reflection and the evolving
expressions of those cultures;
(i) preserve and enhance the use of languages other than
English and French, while strengthening the status and use of the official
languages of Canada; and
(j) advance multiculturalism throughout Canada in harmony
with the national commitment to the official languages of Canada.
(2) It is further declared to be the policy of the Government of
Canada that all federal institutions shall
(a) ensure that Canadians of all origins have an equal
opportunity to obtain employment and advancement in those institutions;
(b) promote policies, programs and practices that enhance
the ability of individuals and communities of all origins to contribute to the
continuing evolution of Canada;
(c) promote policies, programs and practices that enhance
the understanding of and respect for the diversity of the members of Canadian
society;
(d) collect statistical data in order to enable the
development of policies, programs and practices that are sensitive and
responsive to the multicultural reality of Canada;
(e) make use, as appropriate, of the language skills and
cultural understanding of individuals of all origins; and
(f) generally, carry on their activities in a manner that
is sensitive and responsive to the multicultural reality of Canada.
General responsibility for coordination
4.
The
Minister, in consultation with other ministers of the Crown, shall encourage
and promote a coordinated approach to the implementation of the
multiculturalism policy of Canada and may provide advice and assistance in the
development and implementation of programs and practices in support of the
policy.
5.
(1) The Minister shall take such measures as the
Minister considers appropriate to implement the multiculturalism policy of
Canada and, without limiting the generality of the foregoing, may
(a) encourage and assist individuals, organizations and
institutions to project the multicultural reality of Canada in their activities
in Canada and abroad;
(b) undertake and assist research relating to Canadian
multiculturalism and foster scholarship in the field;
(c) encourage and promote exchanges and cooperation among
the diverse communities of Canada;
(d) encourage and assist the business community, labour
organizations, voluntary and other private organizations, as well as public
institutions, in ensuring full participation in Canadian society, including the
social and economic aspects, of individuals of all origins and their
communities, and in promoting respect and appreciation for the multicultural
reality of Canada;
(e) encourage the preservation, enhancement, sharing and
evolving expression of the multicultural heritage of Canada;
(f) facilitate the acquisition, retention and use of all
languages that contribute to the multicultural heritage of Canada;
(g) assist ethno-cultural minority communities to conduct
activities with a view to overcoming any discriminatory barrier and, in
particular, discrimination based on race or national or ethnic origin;
(h) provide support to individuals, groups or organizations
for the purpose of preserving, enhancing and promoting multiculturalism in
Canada; and
(i) undertake such other projects or programs in respect of
multiculturalism, not by law assigned to any other federal institution, as are
designed to promote the multiculturalism policy of Canada.
(2) The Minister may enter into an agreement or arrangement with
any province respecting the implementation of the multiculturalism policy of
Canada.
International
agreements
(3) The Minister may, with the approval of the Governor in
Council, enter into an agreement or arrangement with the government of any
foreign state in order to foster the multicultural character of Canada.
Responsibilities
of other Ministers
6.
(1) The ministers of the Crown, other than the
Minister, shall, in the execution of their respective mandates, take such
measures as they consider appropriate to implement the multiculturalism policy
of Canada.
Provincial
agreements
(2) A minister of the Crown, other than the Minister, may enter
into an agreement or arrangement with any province respecting the
implementation of the multiculturalism policy of Canada.
Canadian
multiculturalism advisory committee
7.
(1) The Minister may establish an advisory committee
to advise and assist the Minister on the implementation of this Act and any
other matter relating to multiculturalism and, in consultation with such
organizations representing multicultural interests as the Minister deems appropriate,
may appoint the members and designate the chairman and other officers of the
committee.
Remuneration and
expenses
(2) Each member of the advisory committee shall be paid such
remuneration for the member’s services as may be fixed by the Minister and is
entitled to be paid the reasonable travel and living expenses incurred by the
member while absent from the member’s ordinary place of residence in connection
with the work of the committee.
Annual report
(3) The chairman of the advisory committee shall, within four
months after the end of each fiscal year, submit to the Minister a report on
the activities of the committee for that year and on any other matter relating
to the implementation of the multiculturalism policy of Canada that the
chairman considers appropriate.
8.
The
Minister shall cause to be laid before each House of Parliament, not later than
the fifth sitting day of that House after January 31 next following the end of
each fiscal year, a report on the operation of this Act for that fiscal year.
Permanent review by a Parliamentary committee
9.
The
operation of this Act and any report made pursuant to section 8 shall be
reviewed on a permanent basis by such committee of the House, of the Senate or
of both Houses of Parliament as may be designated or established for the
purpose.