1985, c. 31 (4th Supp.)
O-3.01
An
Act respecting the status and use of the official languages of Canada
NOTE
[1988,
c. 38, assented to 28th July, 1988]
WHEREAS the Constitution of Canada provides that
English and French are the official languages of Canada and have equality of
status and equal rights and privileges as to their use in all institutions of
the Parliament and government of Canada;
AND WHEREAS the Constitution of Canada provides for
full and equal access to Parliament, to the laws of Canada and to courts
established by Parliament in both official languages;
AND WHEREAS the Constitution of Canada also provides
for guarantees relating to the right of any member of the public to communicate
with, and to receive available services from, any institution of the Parliament
or government of Canada in either official language;
AND WHEREAS officers and employees of institutions of
the Parliament or government of Canada should have equal opportunities to use
the official language of their choice while working together in pursuing the
goals of those institutions;
AND WHEREAS English-speaking Canadians and
French-speaking Canadians should, without regard to their ethnic origin or
first language learned, have equal opportunities to obtain employment in the
institutions of the Parliament or government of Canada;
AND WHEREAS the Government of Canada is committed to
achieving, with due regard to the principle of selection of personnel according
to merit, full participation of English-speaking Canadians and French-speaking
Canadians in its institutions;
AND WHEREAS the Government of Canada is committed to
enhancing the vitality and supporting the development of English and French
linguistic minority communities, as an integral part of the two official
language communities of Canada, and to fostering full recognition and use of
English and French in Canadian society;
AND WHEREAS the Government of Canada is committed to
cooperating with provincial governments and their institutions to support the
development of English and French linguistic minority communities, to provide
services in both English and French, to respect the constitutional guarantees
of minority language educational rights and to enhance opportunities for all to
learn both English and French;
AND WHEREAS the Government of Canada is committed to
enhancing the bilingual character of the National Capital Region and to
encouraging the business community, labour organizations and voluntary
organizations in Canada to foster the recognition and use of English and
French;
AND WHEREAS the Government of Canada recognizes the
importance of preserving and enhancing the use of languages other than English
and French while strengthening the status and use of the official languages;
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 Official Languages Act.
2.
The purpose
of this Act is to
(a) ensure respect for English and French as the official
languages of Canada and ensure equality of status and equal rights and
privileges as to their use in all federal institutions, in particular with
respect to their use in parliamentary proceedings, in legislative and other
instruments, in the administration of justice, in communicating with or
providing services to the public and in carrying out the work of federal institutions;
(b) support the development of English and French
linguistic minority communities and generally advance the equality of status
and use of the English and French languages within Canadian society; and
(c) set out the powers, duties and functions of federal
institutions with respect to the official languages of Canada.
3.
(1) In this Act, "Commissioner"
«commissaire »
"Commissioner"
means the Commissioner of Official Languages for Canada appointed under section
49;
"Crown
corporation"
«sociétés d’État »
"Crown
corporation" means
(a) a corporation that is ultimately accountable, through a
Minister, to Parliament for the conduct of its affairs, and
(b) a parent Crown corporation or a wholly-owned
subsidiary, within the meaning of section 83 of the Financial Administration
Act;
"department"
«ministère »
"department"
means a department as defined in section 2 of the Financial Administration
Act;
"federal
institution"
«institutions fédérales »
"federal
institution" includes any of the following institutions of the Parliament
or government of Canada:
( a) the Senate,
( b) the House of Commons,
( c) the Library of Parliament,
( c.1) the office of the Senate Ethics Officer and the
office of the Ethics Commissioner,
( d) any federal court,
( e) any 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,
( f) a department of the Government of Canada,
( g) a Crown corporation established by or pursuant to an
Act of Parliament, and
( h) any other body that is specified by an Act of
Parliament to be an agent of Her Majesty in right of Canada or to be subject to
the direction of the Governor in Council or a minister of the Crown,
but
does not include
( i) any institution of the Council or government of the
Northwest Territories or of the Legislative Assembly or government of Yukon or
Nunavut, or
( j) 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;
"National
Capital Region"
«région de la capitale nationale »
"National
Capital Region" means the National Capital Region described in the
schedule to the National Capital Act.
(2) In this section and in Parts II and III, "federal
court" means any court, tribunal or other body that carries out
adjudicative functions and is established by or pursuant to an Act of
Parliament.
R.S., 1985, c. 31 (4th
Supp.), s. 3; 1993, c. 28, s. 78; 2002, c. 7, s. 224; 2004, c. 7, s. 26.
Official languages of Parliament
4.
(1) English and French are the official languages of
Parliament, and everyone has the right to use either of those languages in any
debates and other proceedings of Parliament.
Simultaneous
interpretation
(2) Facilities shall be made available for the simultaneous
interpretation of the debates and other proceedings of Parliament from one
official language into the other.
Official reports
(3) Everything reported in official reports of debates or other
proceedings of Parliament shall be reported in the official language in which
it was said and a translation thereof into the other official language shall be
included therewith.
5.
The
journals and other records of Parliament shall be made and kept, and shall be
printed and published, in both official languages.
6.
All Acts of
Parliament shall be enacted, printed and published in both official languages.
7.
(1) Any instrument made in the execution of a
legislative power conferred by or under an Act of Parliament that
(a) is made by, or with the approval of, the Governor in
Council or one or more ministers of the Crown,
(b) is required by or pursuant to an Act of Parliament to
be published in the Canada Gazette, or
(c) is of a public and general nature
shall be made in both official languages and, if
printed and published, shall be printed and published in both official
languages.
Instruments under prerogative or other
executive power
(2) All instruments made in the exercise of a prerogative or
other executive power that are of a public and general nature shall be made in
both official languages and, if printed and published, shall be printed and
published in both official languages.
Exceptions
(3) Subsection (1) does not apply to
(a) an ordinance of the Northwest Territories or a law made
by the Legislature of Yukon or the Legislature for Nunavut, or any instrument
made under any such ordinance or law, or
(b) a by-law, law or other instrument of an 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,
by reason only that the ordinance, by-law, law or
other instrument is of a public and general nature.
R.S., 1985, c. 31 (4th
Supp.), s. 7; 1993, c. 28, s. 78; 2002, c. 7, s. 225.
8.
Any
document made by or under the authority of a federal institution that is tabled
in the Senate or the House of Commons by the Government of Canada shall be
tabled in both official languages.
Rules, etc., governing practice and procedure
9.
All rules,
orders and regulations governing the practice or procedure in any proceedings
before a federal court shall be made, printed and published in both official
languages.
10.
(1) The Government of Canada shall take all possible
measures to ensure that any treaty or convention between Canada and one or more
other states is authenticated in both official languages.
Federal-provincial
agreements
(2) The Government of Canada has the duty to ensure that the
following classes of agreements between Canada and one or more provinces are
made in both official languages and that both versions are equally
authoritative:
(a) agreements that require the authorization of Parliament
or the Governor in Council to be effective;
(b) agreements entered into with one or more provinces
where English and French are declared to be the official languages of any of those
provinces or where any of those provinces requests that the agreement be made
in English and French; and
(c) agreements entered into with two or more provinces
where the governments of those provinces do not use the same official language.
(3) The Governor in Council may make regulations prescribing the
circumstances in which any class, specified in the regulations, of agreements
that are made between Canada and one or more other states or between Canada and
one or more provinces
(a) must be made in both official languages;
(b) must be made available in both official languages at
the time of signing or publication; or
(c) must, on request, be translated.
Notices, advertisements and other matters
that are published
11.
(1) A notice, advertisement or other matter that is
required or authorized by or pursuant to an Act of Parliament to be published
by or under the authority of a federal institution primarily for the
information of members of the public shall,
(a) wherever possible, be printed in one of the official
languages in at least one publication in general circulation within each region
where the matter applies that appears wholly or mainly in that language and in
the other official language in at least one publication in general circulation
within each region where the matter applies that appears wholly or mainly in
that other language; and
(b) where there is no publication in general circulation
within a region where the matter applies that appears wholly or mainly in English
or no such publication that appears wholly or mainly in French, be printed in
both official languages in at least one publication in general circulation
within that region.
(2) Where a notice, advertisement or other matter is printed in
one or more publications pursuant to subsection (1), it shall be given equal
prominence in each official language.
Instruments
directed to the public
12.
All
instruments directed to or intended for the notice of the public, purporting to
be made or issued by or under the authority of a federal institution, shall be
made or issued in both official languages.
Both versions simultaneous and equally
authoritative
13.
Any
journal, record, Act of Parliament, instrument, document, rule, order,
regulation, treaty, convention, agreement, notice, advertisement or other
matter referred to in this Part that is made, enacted, printed, published or
tabled in both official languages shall be made, enacted, printed, published or
tabled simultaneously in both languages, and both language versions are equally
authoritative.
Official languages of federal courts
14.
English and
French are the official languages of the federal courts, and either of those
languages may be used by any person in, or in any pleading in or process
issuing from, any federal court.
Hearing of witnesses in official language of
choice
15.
(1) Every federal court has, in any proceedings before
it, the duty to ensure that any person giving evidence before it may be heard
in the official language of his choice, and that in being so heard the person
will not be placed at a disadvantage by not being heard in the other official
language.
Duty to provide
simultaneous interpretation
(2) Every federal court has, in any proceedings conducted before
it, the duty to ensure that, at the request of any party to the proceedings,
facilities are made available for the simultaneous interpretation of the
proceedings, including the evidence given and taken, from one official language
into the other.
Federal court may
provide simultaneous interpretation
(3) A federal court may, in any proceedings conducted before it,
cause facilities to be made available for the simultaneous interpretation of
the proceedings, including evidence given and taken, from one official language
into the other where it considers the proceedings to be of general public
interest or importance or where it otherwise considers it desirable to do so
for members of the public in attendance at the proceedings.
Duty to ensure
understanding without an interpreter
16.
(1) Every federal court, other than the Supreme Court
of Canada, has the duty to ensure that
( a) if English is the language chosen by the parties for
proceedings conducted before it in any particular case, every judge or other
officer who hears those proceedings is able to understand English without the
assistance of an interpreter;
( b) if French is the language chosen by the parties for
proceedings conducted before it in any particular case, every judge or other
officer who hears those proceedings is able to understand French without the
assistance of an interpreter; and
( c) if both English and French are the languages chosen by
the parties for proceedings conducted before it in any particular case, every
judge or other officer who hears those proceedings is able to understand both
languages without the assistance of an interpreter.
(2) For greater certainty, subsection (1) applies to a federal
court only in relation to its adjudicative functions.
Limitation
(3) No federal court, other than the Federal Court of Appeal,
the Federal Court or the Tax Court of Canada, is required to comply with
subsection (1) until five years after that subsection comes into force.
R.S., 1985, c. 31 (4th
Supp.), s. 16; 2002, c. 8, s. 155.
Authority to make implementing rules
17. (1) The Governor in Council
may make any rules governing the procedure in proceedings before any federal
court, other than the Supreme Court of Canada, the Federal Court of Appeal, the
Federal Court or the Tax Court of Canada, including rules respecting the giving
of notice, that the Governor in Council deems necessary to enable that federal
court to comply with sections 15 and 16 in the exercise of any of its powers or
duties.
Supreme Court,
Federal Court of Appeal, Federal Court and Tax Court of Canada
(2) Subject to the approval of the Governor in Council, the
Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the
Tax Court of Canada may make any rules governing the procedure in their own
proceedings, including rules respecting the giving of notice, that they deem
necessary to enable themselves to comply with sections 15 and 16 in the
exercise of any of their powers or duties.
R.S., 1985, c. 31 (4th
Supp.), s. 17; 2002, c. 8, s. 156.
Language of civil proceedings where Her
Majesty is a party
18.
Where Her
Majesty in right of Canada or a federal institution is a party to civil
proceedings before a federal court,
(a) Her Majesty or the institution concerned shall use, in
any oral or written pleadings in the proceedings, the official language chosen
by the other parties unless it is established by Her Majesty or the institution
that reasonable notice of the language chosen has not been given; and
(b) if the other parties fail to choose or agree on the
official language to be used in those pleadings, Her Majesty or the institution
concerned shall use such official language as is reasonable, having regard to
the circumstances.
19.
(1) The pre-printed portion of any form that is used
in proceedings before a federal court and is required to be served by any
federal institution that is a party to the proceedings on any other party shall
be in both official languages.
Particular
details
(2) The particular details that are added to a form referred to
in subsection (1) may be set out in either official language but, where the
details are set out in only one official language, it shall be clearly
indicated on the form that a translation of the details into the other official
language may be obtained, and, if a request for a translation is made, a
translation shall be made available forthwith by the party that served the
form.
Decisions, orders
and judgments that must be made available simultaneously
20.
(1) Any final decision, order or judgment, including
any reasons given therefor, issued by any federal court shall be made available
simultaneously in both official languages where
(a) the decision, order or judgment determines a question
of law of general public interest or importance; or
(b) the proceedings leading to its issuance were conducted
in whole or in part in both official languages.
Other decisions, orders and judgments
(2) Where
(a) any final decision, order or judgment issued by a
federal court is not required by subsection (1) to be made available
simultaneously in both official languages, or
(b) the decision, order or judgment is required by
paragraph (1)(a) to be made available simultaneously
in both official languages but the court is of the opinion that to make the
decision, order or judgment, including any reasons given therefor, available
simultaneously in both official languages would occasion a delay prejudicial to
the public interest or resulting in injustice or hardship to any party to the
proceedings leading to its issuance,
the decision, order or judgment, including any
reasons given therefor, shall be issued in the first instance in one of the
official languages and thereafter, at the earliest possible time, in the other
official language, each version to be effective from the time the first version
is effective.
Oral rendition of decisions not affected
(3) Nothing in subsection (1) or (2) shall be construed as
prohibiting the oral rendition or delivery, in only one of the official
languages, of any decision, order or judgment or any reasons given therefor.
Decisions not
invalidated
(4) No decision, order or judgment issued by a federal court is
invalid by reason only that it was not made or issued in both official
languages.
Rights relating to language of communication
21.
Any member
of the public in Canada has the right to communicate with and to receive
available services from federal institutions in accordance with this Part.
Where communications and services must be in
both official languages
22.
Every
federal institution has the duty to ensure that any member of the public can
communicate with and obtain available services from its head or central office
in either official language, and has the same duty with respect to any of its
other offices or facilities
(a) within the National Capital Region; or
(b) in Canada or elsewhere, where there is significant
demand for communications with and services from that office or facility in
that language.
23.
(1) For greater certainty, every federal institution
that provides services or makes them available to the travelling public has the
duty to ensure that any member of the travelling public can communicate with
and obtain those services in either official language from any office or
facility of the institution in Canada or elsewhere where there is significant
demand for those services in that language.
Services provided
pursuant to a contract
(2) Every federal institution has the duty to ensure that such
services to the travelling public as may be prescribed by regulation of the
Governor in Council that are provided or made available by another person or
organization pursuant to a contract with the federal institution for the
provision of those services at an office or facility referred to in subsection
(1) are provided or made available, in both official languages, in the manner
prescribed by regulation of the Governor in Council.
Nature of the
office
24.
(1) Every federal institution has the duty to ensure
that any member of the public can communicate in either official language with,
and obtain available services in either official language from, any of its
offices or facilities in Canada or elsewhere
(a) in any circumstances prescribed by regulation of the
Governor in Council that relate to any of the following:
(i)
the health, safety or security of members of the public,
(ii)
the location of the office or facility, or
(iii)
the national or international mandate of the office; or
(b) in any other circumstances prescribed by regulation of
the Governor in Council where, due to the nature of the office or facility, it
is reasonable that communications with and services from that office or
facility be available in both official languages.
Institutions reporting directly to Parliament
(2) Any federal institution that reports directly to Parliament
on any of its activities has the duty to ensure that any member of the public
can communicate with and obtain available services from all of its offices or
facilities in Canada or elsewhere in either official language.
Idem
(3) Without restricting the generality of subsection (2), the
duty set out in that subsection applies in respect of
(a) the Office of the Commissioner of Official Languages;
(b) the Office of the Chief Electoral Officer;
(b.1) the Office of the Public Sector Integrity
Commissioner;
(c) the Office of the Auditor General;
(d) the Office of the Information Commissioner; and
(e) the Office of the Privacy Commissioner.
R.S., 1985, c. 31 (4th
Supp.), s. 24; 2005, c. 46, s. 56.5; 2006, c. 9, s. 222.
Where services provided on behalf of federal
institutions
25.
Every
federal institution has the duty to ensure that, where services are provided or
made available by another person or organization on its behalf, any member of
the public in Canada or elsewhere can communicate with and obtain those
services from that person or organization in either official language in any
case where those services, if provided by the institution, would be required
under this Part to be provided in either official language.
Regulatory activities relating to health,
safety and security of public
26.
Every
federal institution that regulates persons or organizations with respect to any
of their activities that relate to the health, safety or security of members of
the public has the duty to ensure, through its regulation of those persons or
organizations, wherever it is reasonable to do so in the circumstances, that
members of the public can communicate with and obtain available services from
those persons or organizations in relation to those activities in both official
languages.
Obligations relating to communications and
services
27.
Wherever in
this Part there is a duty in respect of communications and services in both
official languages, the duty applies in respect of oral and written
communications and in respect of any documents or activities that relate to
those communications or services.
28.
Every
federal institution that is required under this Part to ensure that any member
of the public can communicate with and obtain available services from an office
or facility of that institution, or of another person or organization on behalf
of that institution, in either official language shall ensure that appropriate
measures are taken, including the provision of signs, notices and other
information on services and the initiation of communication with the public, to
make it known to members of the public that those services are available in
either official language at the choice of any member of the public.
29.
Where a
federal institution identifies any of its offices or facilities with signs,
each sign shall include both official languages or be placed together with a
similar sign of equal prominence in the other official language.
30.
Subject to
Part II, where a federal institution is engaged in communications with members
of the public in both official languages as required in this Part, it shall communicate
by using such media of communication as will reach members of the public in the
official language of their choice in an effective and efficient manner that is
consistent with the purposes of this Act.
31.
In the
event of any inconsistency between this Part and Part V, this Part prevails to
the extent of the inconsistency.
32.
(1) The Governor in Council may make regulations
(a) prescribing the circumstances in which there is
significant demand for the purpose of paragraph 22(b)
or subsection 23(1);
(b) prescribing circumstances not otherwise provided for
under this Part in which federal institutions have the duty to ensure that any
member of the public can communicate with and obtain available services from
offices of the institution in either official language;
(c) prescribing services, and the manner in which those
services are to be provided or made available, for the purpose of subsection
23(2);
(d) prescribing circumstances, in relation to the public or
the travelling public, for the purpose of paragraph 24(1)(a)
or (b); and
(e) defining the expression “English or French linguistic
minority population” for the purpose of paragraph (2)(a).
Where circumstances prescribed under
paragraph (1)(a) or (b)
(2) In prescribing circumstances under paragraph (1)(a) or (b), the Governor in
Council may have regard to
(a) the number of persons composing the English or French
linguistic minority population of the area served by an office or facility, the
particular characteristics of that population and the proportion of that
population to the total population of that area;
(b) the volume of communications or services between an
office or facility and members of the public using each official language; and
(c) any other factors that the Governor in Council
considers appropriate.
33.
The
Governor in Council may make any regulations that the Governor in Council deems
necessary to foster actively communications with and services from offices or
facilities of federal institutions — other than the Senate, House of Commons,
Library of Parliament, office of the Senate Ethics Officer or office of the
Ethics Commissioner — in both official languages, where those communications
and services are required under this Part to be provided in both official
languages.
R.S., 1985, c. 31 (4th
Supp.), s. 33; 2004, c. 7, s. 27.
Rights relating to language of work
34.
English and
French are the languages of work in all federal institutions, and officers and
employees of all federal institutions have the right to use either official
language in accordance with this Part.
35.
(1) Every federal institution has the duty to ensure
that
(a) within the National Capital Region and in any part or
region of Canada, or in any place outside Canada, that is prescribed, work
environments of the institution are conducive to the effective use of both
official languages and accommodate the use of either official language by its
officers and employees; and
(b) in all parts or regions of Canada not prescribed for
the purpose of paragraph (a), the treatment of both
official languages in the work environments of the institution in parts or
regions of Canada where one official language predominates is reasonably
comparable to the treatment of both official languages in the work environments
of the institution in parts or regions of Canada where the other official
language predominates.
(2) The regions of Canada set out in Annex B of the part of the
Treasury Board and Public Service Commission Circular No. 1977-46 of September
30, 1977 that is entitled “Official Languages in the Public Service of Canada:
A Statement of Policies” are prescribed for the purpose of paragraph (1)(a).
Minimum duties in
relation to prescribed regions
36.
(1) Every federal institution has the duty, within the
National Capital Region and in any part or region of Canada, or in any place
outside Canada, that is prescribed for the purpose of paragraph 35(1)(a), to
(a) make available in both official languages to officers
and employees of the institution
(i)
services that are provided to officers and employees, including services that
are provided to them as individuals and services that are centrally provided by
the institution to support them in the performance of their duties, and
(ii)
regularly and widely used work instruments produced by or on behalf of that or
any other federal institution;
(b) ensure that regularly and widely used automated systems
for the processing and communication of data acquired or produced by the
institution on or after January 1, 1991 can be used in either official
language; and
(c) ensure that,
(i)
where it is appropriate or necessary in order to create a work environment that
is conducive to the effective use of both official languages, supervisors are
able to communicate in both official languages with officers and employees of
the institution in carrying out their supervisory responsibility, and
(ii)
any management group that is responsible for the general direction of the
institution as a whole has the capacity to function in both official languages.
Additional duties in prescribed regions
(2) Every federal institution has the duty to ensure that,
within the National Capital Region and in any part or region of Canada, or in
any place outside Canada, that is prescribed for the purpose of paragraph
35(1)(a), such measures are taken in addition to
those required under subsection (1) as can reasonably be taken to establish and
maintain work environments of the institution that are conducive to the
effective use of both official languages and accommodate the use of either
official language by its officers and employees.
Special duties
for institutions directing or providing services to others
37.
Every
federal institution that has authority to direct, or provides services to,
other federal institutions has the duty to ensure that it exercises its powers
and carries out its duties in relation to those other institutions in a manner
that accommodates the use of either official language by officers and employees
of those institutions.
38.
(1) The Governor in Council may make regulations in
respect of federal institutions, other than the Senate, House of Commons,
Library of Parliament, office of the Senate Ethics Officer or office of the
Ethics Commissioner,
( a) prescribing, in respect of any part or region of Canada
or any place outside Canada,
(i)
any services or work instruments that are to be made available by those
institutions in both official languages to officers or employees of those
institutions,
(ii)
any automated systems for the processing and communication of data that must be
available for use in both official languages, and
(iii)
any supervisory or management functions that are to be carried out by those
institutions in both official languages;
( b) prescribing any other measures that are to be taken,
within the National Capital Region and in any part or region of Canada, or in
any place outside Canada, that is prescribed for the purpose of paragraph
35(1)( a), to establish and maintain work
environments of those institutions that are conducive to the effective use of
both official languages and accommodate the use of either official language by
their officers and employees;
( c) requiring that either or both official languages be
used in communications with offices of those institutions that are located in
any part or region of Canada, or any place outside Canada, specified in the
regulations;
( d) prescribing the manner in which any duties of those
institutions under this Part or the regulations made under this Part in
relation to the use of both official languages are to be carried out; and
( e) prescribing obligations of those institutions in
relation to the use of the official languages of Canada by the institutions in
respect of offices in parts or regions of Canada not prescribed for the purpose
of paragraph 35(1)( a), having regard to the
equality of status of both official languages.
(2) The Governor in Council may make regulations
(a) adding to or deleting from the regions of Canada
prescribed by subsection 35(2) or prescribing any other part or region of
Canada, or any place outside Canada, for the purpose of paragraph 35(1)(a), having regard to
(i)
the number and proportion of English-speaking and French-speaking officers and
employees who constitute the work force of federal institutions based in the
parts, regions or places prescribed,
(ii)
the number and proportion of English-speaking and French-speaking persons
resident in the parts or regions prescribed, and
(iii)
any other factors that the Governor in Council considers appropriate; and
(b) substituting, with respect to any federal institution
other than the Senate, House of Commons, Library of Parliament, office of the
Senate Ethics Officer or office of the Ethics Commissioner, a duty in relation
to the use of the official languages of Canada in place of a duty under section
36 or the regulations made under subsection (1), having regard to the equality
of status of both official languages, where there is a demonstrable conflict
between the duty under section 36 or the regulations and the mandate of the
institution.
R.S., 1985, c. 31 (4th
Supp.), s. 38; 2004, c. 7, s. 28.
Commitment to equal opportunities and
equitable participation
39.
(1) The Government of Canada is committed to ensuring
that
(a) English-speaking Canadians and French-speaking
Canadians, without regard to their ethnic origin or first language learned,
have equal opportunities to obtain employment and advancement in federal
institutions; and
(b) the composition of the work-force of federal
institutions tends to reflect the presence of both the official language
communities of Canada, taking into account the characteristics of individual
institutions, including their mandates, the public they serve and their
location.
(2) In carrying out the commitment of the Government of Canada
under subsection (1), federal institutions shall ensure that employment
opportunities are open to both English-speaking Canadians and French-speaking
Canadians, taking due account of the purposes and provisions of Parts IV and V
in relation to the appointment and advancement of officers and employees by
those institutions and the determination of the terms and conditions of their
employment.
Merit principle
(3) Nothing in this section shall be construed as abrogating or
derogating from the principle of selection of personnel according to merit.
Regulations
40.
The
Governor in Council may make such regulations as the Governor in Council deems
necessary to carry out the purposes and provisions of this Part.
41.
(1) The Government of Canada is committed to
(a) enhancing the vitality of the English and French
linguistic minority communities in Canada and supporting and assisting their
development; and
(b) fostering the full recognition and use of both English
and French in Canadian society.
(2) Every federal institution has the duty to ensure that
positive measures are taken for the implementation of the commitments under
subsection (1). For greater certainty, this implementation shall be carried out
while respecting the jurisdiction and powers of the provinces.
Regulations
(3) The Governor in Council may make regulations in respect of
federal institutions, other than the Senate, House of Commons, Library of
Parliament, office of the Senate Ethics Officer or office of the Ethics
Commissioner, prescribing the manner in which any duties of those institutions
under this Part are to be carried out.
1985, c. 31 (4th Supp.),
s. 41; 2005, c. 41, s. 1.
42.
The
Minister of Canadian Heritage, in consultation with other ministers of the
Crown, shall encourage and promote a coordinated approach to the implementation
by federal institutions of the commitments set out in section 41.
R.S., 1985, c. 31 (4th
Supp.), s. 42; 1995, c. 11, s. 27.
Specific mandate of Minister of Canadian
Heritage
43.
(1) The Minister of Canadian Heritage shall take such
measures as that Minister considers appropriate to advance the equality of
status and use of English and French in Canadian society and, without
restricting the generality of the foregoing, may take measures to
(a) enhance the vitality of the English and French
linguistic minority communities in Canada and support and assist their
development;
(b) encourage and support the learning of English and
French in Canada;
(c) foster an acceptance and appreciation of both English
and French by members of the public;
(d) encourage and assist provincial governments to support
the development of English and French linguistic minority communities generally
and, in particular, to offer provincial and municipal services in both English
and French and to provide opportunities for members of English or French
linguistic minority communities to be educated in their own language;
(e) encourage and assist provincial governments to provide
opportunities for everyone in Canada to learn both English and French;
(f) encourage and cooperate with the business community,
labour organizations, voluntary organizations and other organizations or
institutions to provide services in both English and French and to foster the
recognition and use of those languages;
(g) encourage and assist organizations and institutions to
project the bilingual character of Canada in their activities in Canada or
elsewhere; and
(h) with the approval of the Governor in Council, enter
into agreements or arrangements that recognize and advance the bilingual
character of Canada with the governments of foreign states.
(2) The Minister of Canadian Heritage shall take such measures
as that Minister considers appropriate to ensure public consultation in the
development of policies and review of programs relating to the advancement and
the equality of status and use of English and French in Canadian society.
R.S., 1985, c. 31 (4th
Supp.), s. 43; 1995, c. 11, s. 28.
44.
The
Minister of Canadian Heritage shall, within such time as is reasonably
practicable after the termination of each financial year, submit an annual
report to Parliament on the matters relating to official languages for which
that Minister is responsible.
R.S., 1985, c. 31 (4th
Supp.), s. 44; 1995, c. 11, s. 29.
Consultation and negotiation with the
provinces
45.
Any
minister of the Crown designated by the Governor in Council may consult and may
negotiate agreements with the provincial governments to ensure, to the greatest
practical extent but subject to Part IV, that the provision of federal,
provincial, municipal and education services in both official languages is
coordinated and that regard is had to the needs of the recipients of those
services.
Responsibilities of Treasury Board
46.
(1) The Treasury Board has responsibility for the
general direction and coordination of the policies and programs of the Government
of Canada relating to the implementation of Parts IV, V and VI in all federal
institutions other than the Senate, House of Commons, Library of Parliament,
office of the Senate Ethics Officer and office of the Ethics Commissioner.
Powers of Treasury
Board
(2) In carrying out its responsibilities under subsection (1),
the Treasury Board may
(a) establish policies, or recommend policies to the
Governor in Council, to give effect to Parts IV, V and VI;
(b) recommend regulations to the Governor in Council to
give effect to Parts IV, V and VI;
(c) issue directives to give effect to Parts IV, V and VI;
(d) monitor and audit federal institutions in respect of
which it has responsibility for their compliance with policies, directives and
regulations of Treasury Board or the Governor in Council relating to the
official languages of Canada;
(e) evaluate the effectiveness and efficiency of policies
and programs of federal institutions relating to the official languages of
Canada;
(f) provide information to the public and to officers and
employees of federal institutions relating to the policies and programs that
give effect to Parts IV, V and VI; and
(g) delegate any of its powers under this section to the
deputy heads or other administrative heads of other federal institutions.
R.S., 1985, c. 31 (4th
Supp.), s. 46; 2004, c. 7, s. 29.
Audit reports to be made available to
Commissioner
47.
The
President of the Public Service Human Resources Management Agency of Canada
shall provide the Commissioner with any audit reports that are prepared
pursuant to paragraph 46(2)(d).
R.S., 1985, c. 31 (4th
Supp.), s. 47; 2005, c. 15, s. 3.
48.
The
President of the Treasury Board shall, within such time as is reasonably
practicable after the termination of each financial year, submit an annual
report to Parliament on the status of programs relating to the official
languages of Canada in the various federal institutions in respect of which it
has responsibility under section 46.
49.
(1) The Governor in Council shall, by commission under
the Great Seal, appoint a Commissioner of Official Languages for Canada after
consultation with the leader of every recognized party in the Senate and House
of Commons and approval of the appointment by resolution of the Senate and
House of Commons.
Tenure
(2) Subject to this section, the Commissioner holds office
during good behaviour for a term of seven years, but may be removed for cause
by the Governor in Council at any time on address of the Senate and House of
Commons.
Further terms
(3) The Commissioner, on the expiration of a first or any
subsequent term of office, is eligible to be re-appointed for a further term
not exceeding seven years.
Interim
appointment
(4) In the event of the absence or incapacity of the
Commissioner or if that office is vacant, the Governor in Council may appoint
any qualified person to hold that office in the interim for a term not
exceeding six months, and that person shall, while holding office, be paid the
salary or other remuneration and expenses that may be fixed by the Governor in
Council.
1985, c. 31 (4th Supp.),
s. 49; 2006, c. 9, s. 111.
Rank, powers and duties
generally
50.
(1) The Commissioner shall rank as and have all the
powers of a deputy head of a department, shall engage exclusively in the duties
of the office of the Commissioner and shall not hold any other office under Her
Majesty or engage in any other employment.
Salary and
expenses
(2) The Commissioner shall be paid a salary equal to the salary
of a judge of the Federal Court, other than the Chief Justice of that Court,
and is entitled to be paid reasonable travel and living expenses while absent
from his or her ordinary place of residence in the course of his or her duties.
R.S., 1985, c. 31 (4th
Supp.), s. 50; 2002, c. 8, s. 157.
51.
Such
officers and employees as are necessary for the proper conduct of the work of
the office of the Commissioner shall be appointed in the manner authorized by
law.
52.
The
Commissioner may engage, on a temporary basis, the services of persons having
technical or specialized knowledge of any matter relating to the work of the
Commissioner to advise and assist the Commissioner in the performance of the
duties of his office and, with the approval of the Treasury Board, may fix and
pay the remuneration and expenses of those persons.
Public Service
Superannuation Act
53.
The
Commissioner and the officers and employees of the office of the Commissioner
appointed under section 51 shall be deemed to be persons employed in the public
service for the purposes of the Public Service Superannuation Act.
R.S., 1985, c. 31 (4th
Supp.), s. 53; 2003, c. 22, s. 225(E).
Order exempting
Commissioner from directives
54.
The
Governor in Council, on the recommendation of the Treasury Board, may by order
exempt the Commissioner from any directives of the Treasury Board or the
Governor in Council made under the Financial Administration Act that
apply to deputy heads or other administrative heads in relation to the
administration of federal institutions.
55.
The
Commissioner shall carry out such duties and functions as are assigned to the
Commissioner by this Act or any other Act of Parliament, and may carry out or
engage in such other related assignments or activities as may be authorized by
the Governor in Council.
Duty of Commissioner
under Act
56.
(1) It is the duty of the Commissioner to take all
actions and measures within the authority of the Commissioner with a view to
ensuring recognition of the status of each of the official languages and
compliance with the spirit and intent of this Act in the administration of the
affairs of federal institutions, including any of their activities relating to
the advancement of English and French in Canadian society.
Idem
(2) It is the duty of the Commissioner, for the purpose set out
in subsection (1), to conduct and carry out investigations either on his own
initiative or pursuant to any complaint made to the Commissioner and to report
and make recommendations with respect thereto as provided in this Act.
Review of
regulations and directives
57.
The
Commissioner may initiate a review of
(a) any regulations or directives made under this Act, and
(b) any other regulations or directives that affect or may
affect the status or use of the official languages,
and may refer to and comment on any findings on the
review in a report made to Parliament pursuant to section 66 or 67.
58.
(1) Subject to this Act, the Commissioner shall
investigate any complaint made to the Commissioner arising from any act or
omission to the effect that, in any particular instance or case,
(a) the status of an official language was not or is not
being recognized,
(b) any provision of any Act of Parliament or regulation
relating to the status or use of the official languages was not or is not being
complied with, or
(c) the spirit and intent of this Act was not or is not
being complied with
in the administration of the affairs of any federal
institution.
(2) A complaint may be made to the Commissioner by any person or
group of persons, whether or not they speak, or represent a group speaking, the
official language the status or use of which is at issue.
Discontinuance of
investigation
(3) If in the course of investigating any complaint it appears
to the Commissioner that, having regard to all the circumstances of the case,
any further investigation is unnecessary, the Commissioner may refuse to
investigate the matter further.
Right of
Commissioner to refuse or cease investigation
(4) The Commissioner may refuse to investigate or cease to
investigate any complaint if in the opinion of the Commissioner
(a) the subject-matter of the complaint is trivial;
(b) the complaint is frivolous or vexatious or is not made
in good faith; or
(c) the subject-matter of the complaint does not involve a
contravention or failure to comply with the spirit and intent of this Act, or
does not for any other reason come within the authority of the Commissioner
under this Act.
(5) Where the Commissioner decides to refuse to investigate or
cease to investigate any complaint, the Commissioner shall inform the
complainant of that decision and shall give the reasons therefor.
Notice of
intention to investigate
59.
Before
carrying out an investigation under this Act, the Commissioner shall inform the
deputy head or other administrative head of any federal institution concerned
of his intention to carry out the investigation.
Investigation to be
conducted in private
60.
(1) Every investigation by the Commissioner under this
Act shall be conducted in private.
Opportunity to
answer allegations and criticisms
(2) It is not necessary for the Commissioner to hold any hearing
and no person is entitled as of right to be heard by the Commissioner, but if
at any time during the course of an investigation it appears to the
Commissioner that there may be sufficient grounds to make a report or
recommendation that may adversely affect any individual or any federal
institution, the Commissioner shall, before completing the investigation, take
every reasonable measure to give to that individual or institution a full and
ample opportunity to answer any adverse allegation or criticism, and to be
assisted or represented by counsel for that purpose.
Procedure
61.
(1) Subject to this Act, the Commissioner may
determine the procedure to be followed in carrying out any investigation under
this Act.
Receiving and
obtaining of information by officer designated
(2) The Commissioner may direct that information relating to any
investigation under this Act be received or obtained, in whole or in part, by
any officer of the office of the Commissioner appointed under section 51 and
that officer shall, subject to such restrictions or limitations as the
Commissioner may specify, have all the powers and duties of the Commissioner
under this Act in relation to the receiving or obtaining of that information.
Powers of
Commissioner in carrying out investigations
62.
(1) The Commissioner has, in relation to the carrying
out of any investigation under this Act, other than an investigation in
relation to Part III, power
(a) to summon and enforce the attendance of witnesses and
compel them to give oral or written evidence on oath, and to produce such
documents and things as the Commissioner deems requisite to the full
investigation and consideration of any matter within his authority under this
Act, in the same manner and to the same extent as a superior court of record;
(b) to administer oaths;
(c) to receive and accept such evidence and other
information, whether on oath or by affidavit or otherwise, as in his discretion
the Commissioner sees fit, whether or not the evidence or information is or
would be admissible in a court of law; and
(d) subject to such limitation as may in the interests of
defence or security be prescribed by regulation of the Governor in Council, to
enter any premises occupied by any federal institution and carry out therein
such inquiries within his authority under this Act as the Commissioner sees
fit.
Threats, intimidation, discrimination or
obstruction to be reported
(2) Where the Commissioner believes on reasonable grounds that
(a) an individual has been threatened, intimidated or made
the object of discrimination because that individual has made a complaint under
this Act or has given evidence or assisted in any way in respect of an
investigation under this Act, or proposes to do so, or
(b) the Commissioner, or any person acting on behalf or
under the direction of the Commissioner, has been obstructed in the performance
of the Commissioner’s duties or functions under this Act,
the Commissioner may report that belief and the
grounds therefor to the President of the Treasury Board and the deputy head or
other administrative head of any institution concerned.
63.
(1) If, after carrying out an investigation under this
Act, the Commissioner is of the opinion that
(a) the act or omission that was the subject of the
investigation should be referred to any federal institution concerned for
consideration and action if necessary,
(b) any Act or regulations thereunder, or any directive of
the Governor in Council or the Treasury Board, should be reconsidered or any
practice that leads or is likely to lead to a contravention of this Act should
be altered or discontinued, or
(c) any other action should be taken,
the Commissioner shall report that opinion and the
reasons therefor to the President of the Treasury Board and the deputy head or
other administrative head of any institution concerned.
Other policies to be taken into account
(2) In making a report under subsection (1) that relates to any
federal institution, the Commissioner shall have regard to any policies that
apply to that institution that are set out in any Act of Parliament or
regulation thereunder or in any directive of the Governor in Council or the
Treasury Board.
Recommendations
(3) The Commissioner may
(a) in a report under subsection (1) make such
recommendations as he thinks fit; and
(b) request the deputy head or other administrative head of
the federal institution concerned to notify the Commissioner within a specified
time of the action, if any, that the institution proposes to take to give
effect to those recommendations.
Where investigation
carried out pursuant to complaint
64.
(1) Where the Commissioner carries out an
investigation pursuant to a complaint, the Commissioner shall inform the
complainant and any individual by whom or on behalf of whom, or the deputy head
or other administrative head of any federal institution by which or on behalf
of which, an answer relating to the complaint has been made pursuant to
subsection 60(2), in such manner and at such time as the Commissioner thinks
proper, of the results of the investigation.
Where recommendations
made
(2) Where recommendations have been made by the Commissioner
under subsection 63(3) but adequate and appropriate action has not, in the
opinion of the Commissioner, been taken thereon within a reasonable time after
the recommendations are made, the Commissioner may inform the complainant of
those recommendations and make such comments thereon as he thinks proper, and
shall provide a copy of the recommendations and comments to any individual,
deputy head or administrative head whom the Commissioner is required under
subsection (1) to inform of the results of the investigation.
Report to
Governor in Council where appropriate action not taken
65.
(1) If, within a reasonable time after a report
containing recommendations under subsection 63(3) is made, adequate and
appropriate action has not, in the opinion of the Commissioner, been taken
thereon, the Commissioner, in his discretion and after considering any reply
made by or on behalf of any federal institution concerned, may transmit a copy
of the report and recommendations to the Governor in Council.
Action by
Governor in Council
(2) The Governor in Council may take such action as the Governor
in Council considers appropriate in relation to any report transmitted under
subsection (1) and the recommendations therein.
Report to
Parliament
(3) If, within a reasonable time after a copy of a report is
transmitted to the Governor in Council under subsection (1), adequate and
appropriate action has not, in the opinion of the Commissioner, been taken thereon,
the Commissioner may make such report thereon to Parliament as he considers
appropriate.
Reply to be
attached to report
(4) The Commissioner shall attach to every report made under
subsection (3) a copy of any reply made by or on behalf of any federal
institution concerned.
66.
The
Commissioner shall, within such time as is reasonably practicable after the
termination of each year, prepare and submit to Parliament a report relating to
the conduct of his office and the discharge of his duties under this Act during
the preceding year including his recommendations, if any, for proposed changes
to this Act that the Commissioner deems necessary or desirable in order that
effect may be given to it according to its spirit and intent.
67.
(1) The Commissioner may, at any time, make a special
report to Parliament referring to and commenting on any matter within the scope
of the powers, duties and functions of the Commissioner where, in the opinion
of the Commissioner, the matter is of such urgency or importance that a report
thereon should not be deferred until the time provided for transmission of the
next annual report of the Commissioner under section 66.
Reply to be
attached to report
(2) The Commissioner shall attach to every report made under
this section a copy of any reply made by or on behalf of any federal
institution concerned.
Contents of
report
68.
The
Commissioner may disclose in any report made under subsection 65(3) or section
66 or 67 such matters as in his opinion ought to be disclosed in order to
establish the grounds for any conclusions and recommendations contained
therein, but in so doing shall take every reasonable precaution to avoid
disclosing any matter the disclosure of which would or might be prejudicial to
the defence or security of Canada or any state allied or associated with
Canada.
69.
(1) Every report to Parliament made by the Commissioner
under subsection 65(3) or section 66 or 67 shall be made by being transmitted
to the Speaker of the Senate and to the Speaker of the House of Commons for
tabling respectively in those Houses.
Reference to
parliamentary committee
(2) Every report referred to in subsection (1) shall, after it
is transmitted for tabling pursuant to that subsection, be referred to the
committee designated or established by Parliament for the purpose of section
88.
70.
The
Commissioner may authorize any person to exercise or perform, subject to such
restrictions or limitations as the Commissioner may specify, any of the powers,
duties or functions of the Commissioner under this or any other Act of
Parliament except
(a) the power to delegate under this section; and
(b) the powers, duties or functions set out in sections 63,
65 to 69 and 78.
71.
The
Commissioner and every person acting on behalf or under the direction of the
Commissioner who receives or obtains information relating to any investigation
under this Act shall, with respect to access to and the use of such
information, satisfy any security requirements applicable to, and take any oath
of secrecy required to be taken by, persons who normally have access to and use
of such information.
72.
Subject to
this Act, the Commissioner and every person acting on behalf or under the
direction of the Commissioner shall not disclose any information that comes to
their knowledge in the performance of their duties and functions under this
Act.
73.
The
Commissioner may disclose or may authorize any person acting on behalf or under
the direction of the Commissioner to disclose information
(a) that, in the opinion of the Commissioner, is necessary
to carry out an investigation under this Act; or
(b) in the course of proceedings before the Federal Court
under Part X or an appeal therefrom.
74.
The
Commissioner or any person acting on behalf or under the direction of the
Commissioner is not a compellable witness, in respect of any matter coming to
the knowledge of the Commissioner or that person as a result of performing any
duties or functions under this Act during an investigation, in any proceedings
other than proceedings before the Federal Court under Part X or an appeal
therefrom.
75.
(1) No criminal or civil proceedings lie against the
Commissioner, or against any person acting on behalf or under the direction of
the Commissioner, for anything done, reported or said in good faith in the
course of the exercise or performance or purported exercise or performance of
any power, duty or function of the Commissioner under this Act.
Libel or slander
(2) For the purposes of any law relating to libel or slander,
(a) anything said, any information supplied or any document
or thing produced in good faith in the course of an investigation by or on
behalf of the Commissioner under this Act is privileged; and
(b) any report made in good faith by the Commissioner under
this Act and any fair and accurate account of the report made in good faith in
a newspaper or any other periodical publication or in a broadcast is
privileged.
76.
In this
Part, "Court" means the Federal Court.
R.S., 1985, c. 31 (4th
Supp.), s. 76; 2002, c. 8, s. 183.
77.
(1) Any person who has made a complaint to the
Commissioner in respect of a right or duty under sections 4 to 7, sections 10
to 13 or Part IV, V or VII, or in respect of section 91, may apply to the Court
for a remedy under this Part.
Limitation period
(2) An application may be made under subsection (1) within sixty
days after
(a) the results of an investigation of the complaint by the
Commissioner are reported to the complainant under subsection 64(1),
(b) the complainant is informed of the recommendations of
the Commissioner under subsection 64(2), or
(c) the complainant is informed of the Commissioner’s
decision to refuse or cease to investigate the complaint under subsection
58(5),
or within such further time as the Court may, either
before or after the expiration of those sixty days, fix or allow.
Application six months after complaint
(3) Where a complaint is made to the Commissioner under this Act
but the complainant is not informed of the results of the investigation of the
complaint under subsection 64(1), of the recommendations of the Commissioner
under subsection 64(2) or of a decision under subsection 58(5) within six
months after the complaint is made, the complainant may make an application
under subsection (1) at any time thereafter.
Order of Court
(4) Where, in proceedings under subsection (1), the Court
concludes that a federal institution has failed to comply with this Act, the
Court may grant such remedy as it considers appropriate and just in the
circumstances.
Other rights of
action
(5) Nothing in this section abrogates or derogates from any
right of action a person might have other than the right of action set out in
this section.
1985, c. 31 (4th Supp.),
s. 77; 2005, c. 41, s. 2.
Commissioner may apply or
appear
(a) within the time limits prescribed by paragraph 77(2)(a) or (b), apply to the Court
for a remedy under this Part in relation to a complaint investigated by the
Commissioner if the Commissioner has the consent of the complainant;
(b) appear before the Court on behalf of any person who has
applied under section 77 for a remedy under this Part; or
(c) with leave of the Court, appear as a party to any
proceedings under this Part.
Complainant may appear as party
(2) Where the Commissioner makes an application under paragraph
(1)(a), the complainant may appear as a party to any
proceedings resulting from the application.
Capacity to
intervene
(3) Nothing in this section abrogates or derogates from the
capacity of the Commissioner to seek leave to intervene in any adjudicative
proceedings relating to the status or use of English or French.
Evidence relating
to similar complaint
79.
In
proceedings under this Part relating to a complaint against a federal
institution, the Court may admit as evidence information relating to any
similar complaint under this Act in respect of the same federal institution.
80.
An
application made under section 77 shall be heard and determined in a summary
manner in accordance with any special rules made in respect of such
applications pursuant to section 46 of the Federal Courts Act.
R.S., 1985, c. 31 (4th
Supp.), s. 80; 2002, c. 8, s. 182.
81.
(1) Subject to subsection (2), the costs of and
incidental to all proceedings in the Court under this Act shall be in the
discretion of the Court and shall follow the event unless the Court orders
otherwise.
Idem
(2) Where the Court is of the opinion that an application under
section 77 has raised an important new principle in relation to this Act, the
Court shall order that costs be awarded to the applicant even if the applicant
has not been successful in the result.
82.
(1) In the event of any inconsistency between the
following Parts and any other Act of Parliament or regulation thereunder, the
following Parts prevail to the extent of the inconsistency:
(a) Part I (Proceedings of Parliament);
(b) Part II (Legislative and other Instruments);
(c) Part III (Administration of Justice);
(d) Part IV (Communications with and Services to the
Public); and
(e) Part V (Language of Work).
Canadian Human Rights Act excepted
(2) Subsection (1) does not apply to the Canadian Human
Rights Act or any regulation made thereunder.
Rights relating
to other languages
83.
(1) Nothing in this Act abrogates or derogates from
any legal or customary right acquired or enjoyed either before or after the
coming into force of this Act with respect to any language that is not English
or French.
Preservation and
enhancement of other languages
(2) Nothing in this Act shall be interpreted in a manner that is
inconsistent with the preservation and enhancement of languages other than
English or French.
Consultations
84.
The
President of the Treasury Board, or such other minister of the Crown as may be
designated by the Governor in Council, shall, at a time and in a manner
appropriate to the circumstances, seek the views of members of the English and
French linguistic minority communities and, where appropriate, members of the
public generally on proposed regulations to be made under this Act.
Draft of proposed
regulation to be tabled
85.
(1) The President of the Treasury Board, or such other
minister of the Crown as may be designated by the Governor in Council, shall,
where the Governor in Council proposes to make any regulation under this Act,
lay a draft of the proposed regulation before the House of Commons at least
thirty days before a copy of that regulation is published in the Canada
Gazette under section 86.
Calculation of
thirty day period
(2) In calculating the thirty day period referred to in
subsection (1), there shall not be counted any day on which the House of
Commons does not sit.
Publication of
proposed regulation
86.
(1) Subject to subsection (2), a copy of each
regulation that the Governor in Council proposes to make under this Act shall
be published in the Canada Gazette at least thirty days before the
proposed effective date thereof, and a reasonable opportunity shall be afforded
to interested persons to make representations to the President of the Treasury
Board with respect thereto.
Exception
(2) No proposed regulation need be published under subsection
(1) if it has previously been published pursuant to that subsection, whether or
not it has been amended as a result of representations made pursuant to that
subsection.
Calculation of
thirty day period
(3) In calculating the thirty day period referred to in
subsection (1), there shall not be counted any day on which neither House of
Parliament sits.
Tabling of
regulation
87.
(1) A regulation that is proposed to be made under
paragraph 38(2)(a) and prescribes any part or region
of Canada for the purpose of paragraph 35(1)(a)
shall be laid before each House of Parliament at least thirty sitting days
before the proposed effective date thereof.
Motion to
disapprove proposed regulation
(2) Where, within twenty-five sitting days after a proposed
regulation is laid before either House of Parliament under subsection (1), a
motion for the consideration of that House to the effect that the proposed
regulation not be approved, signed by no fewer than fifteen Senators or thirty
Members of the House of Commons, as the case may be, is filed with the Speaker
of that House, the Speaker shall, within five sitting days after the filing of
the motion, without debate or amendment, put every question necessary for the
disposition of the motion.
Where motion
adopted
(3) Where a motion referred to in subsection (2) is adopted by
both Houses of Parliament, the proposed regulation to which the motion relates
may not be made.
Prorogation or
dissolution of Parliament
(4) Where Parliament dissolves or prorogues earlier than
twenty-five sitting days after a proposed regulation is laid before both Houses
of Parliament under subsection (1) and a motion has not been disposed of under
subsection (2) in relation to the proposed regulation in both Houses of
Parliament, the proposed regulation may not be made.
Definition of
“sitting day”
(5) For the purposes of this section, "sitting day"
means, in respect of either House of Parliament, a day on which that House
sits.
Permanent review
of Act, etc., by parliamentary committee
88.
The
administration of this Act, any regulations and directives made under this Act
and the reports of the Commissioner, the President of the Treasury Board and
the Minister of Canadian Heritage made under this Act shall be reviewed on a
permanent basis by such committee of the Senate, of the House of Commons or of
both Houses of Parliament as may be designated or established for that purpose.
R.S., 1985, c. 31 (4th
Supp.), s. 88; 1995, c. 11, s. 30.
Section 126 of Criminal
Code not applicable
89.
For greater
certainty, it is hereby declared that section 126 of the Criminal Code
does not apply to or in respect of any contravention or alleged contravention
of any provision of this Act.
Parliamentary and
judicial powers, privileges and immunities saved
90.
Nothing in
this Act abrogates or derogates from any powers, privileges or immunities of
members of the Senate or the House of Commons in respect of their personal
offices and staff or of judges of any Court.
91.
Nothing in
Part IV or V authorizes the application of official language requirements to a
particular staffing action unless those requirements are objectively required
to perform the functions for which the staffing action is undertaken.
References in Acts of
Parliament to the “official languages”
92.
In every
Act of Parliament, a reference to the “official languages” or the “official
languages of Canada” shall be construed as a reference to the languages declared
by subsection 16(1) of the Canadian Charter of Rights and Freedoms to be
the official languages of Canada.
93.
The
Governor in Council may make regulations
(a) prescribing anything that the Governor in Council
considers necessary to effect compliance with this Act in the conduct of the
affairs of federal institutions other than the Senate, House of Commons,
Library of Parliament, office of the Senate Ethics Officer or office of the
Ethics Commissioner; and
(b) prescribing anything that is by this Act to be
prescribed by regulation of the Governor in Council.
R.S., 1985, c. 31 (4th
Supp.), s. 93; 2004, c. 7, s. 30.
104. and 105. [Repealed, R.S., 1985, c. 31
(4th Supp.), s. 106]
Commissioner remains in
office
107.
The person
holding office as Commissioner on the coming into force of Part IX shall
continue in office as Commissioner and shall be deemed to have been appointed
under this Act but to have been appointed at the time he was appointed under
the Official Languages Act, being chapter O-2 of the Revised Statutes of
Canada, 1970.
Payments to Crown
corporations
108.
(1) In respect of the four fiscal years immediately
following the date this section comes into force, the President of the Treasury
Board may make payments to Crown corporations to assist them in the timely
implementation of this Act.
Appropriation
(2) Any sums required for the purpose referred to in subsection
(1) shall be paid out of such moneys as may be appropriated by Parliament for
that purpose.
*110.
This Act or
any provision thereof shall come into force on a day or days to be fixed by
proclamation.
*
[Note: Sections 1 to 93, subsection 534(3) of the Criminal Code, as
enacted by section 95, and sections 96 and 98 to 109 in force September 15,
1988, and section 97 in force February 1, 1989, see
SI/88-197; section 530.1 of the Criminal Code, as enacted by section 94,
shall come into force in accordance with subsection 534(2) of the Criminal
Code, as enacted by section 95.]
AMENDMENTS NOT IN FORCE
-- 2006, c. 9, s. 20:
2004, c. 7, s. 26
20.
Paragraph (c.1) of the definition "federal
institution" in subsection 3(1) of the Official Languages Act is
replaced by the following:
(c.1) the office of the Senate Ethics Officer and the
office of the Conflict of Interest and Ethics Commissioner,
-- 2006,
c. 9, s. 21:
2004, c. 7, s. 27
21.
Section 33 of the Act is replaced by the following:
Regulations
33.
The
Governor in Council may make any regulations that the Governor in Council deems
necessary to foster actively communications with and services from offices or
facilities of federal institutions — other than the Senate, House of Commons,
Library of Parliament, office of the Senate Ethics Officer or office of the
Conflict of Interest and Ethics Commissioner — in both official languages, if
those communications and services are required under this Part to be provided
in both official languages.
-- 2006,
c. 9, s. 22:
2004, c. 7, s.
28(1)
22.
(1) The portion of subsection 38(1) of the Act before paragraph
(a) is replaced by the following:
Regulations
38. (1) The Governor in Council
may make regulations in respect of federal institutions, other than the Senate,
House of Commons, Library of Parliament, office of the Senate Ethics Officer or
office of the Conflict of Interest and Ethics Commissioner,
2004, c. 7, s. 28(2)(E)
(2) Paragraph 38(2)(b) of the Act is
replaced by the following:
(b) substituting, with
respect to any federal institution other than the Senate, House of Commons,
Library of Parliament, office of the Senate Ethics Officer or office of the
Conflict of Interest and Ethics Commissioner, a duty in relation to the use of
the official languages of Canada in place of a duty under section 36 or the
regulations made under subsection (1), having regard to the equality of status
of both official languages, if there is a demonstrable conflict between the
duty under section 36 or the regulations and the mandate of the institution.
-- 2006, c. 9, s. 23:
2005, c. 41, s. 1
23. Subsection 41(3) of the Act is replaced by the
following:
Regulations
(3)
The Governor in Council may make regulations in respect of federal institutions,
other than the Senate, House of Commons, Library of Parliament, office of the
Senate Ethics Officer or office of the Conflict of Interest and Ethics
Commissioner, prescribing the manner in which any duties of those institutions
under this Part are to be carried out.
-- 2006, c. 9, s. 24:
2004, c. 7, s. 29
24. Subsection 46(1) of the Act is replaced by the
following:
Responsibilities of Treasury Board
46. (1) The Treasury Board has
responsibility for the general direction and coordination of the policies and
programs of the Government of Canada relating to the implementation of Parts
IV, V and VI in all federal institutions other than the Senate, House of
Commons, Library of Parliament, office of the Senate Ethics Officer and office
of the Conflict of Interest and Ethics Commissioner.
-- 2006, c. 9, s. 25:
2004, c. 7, s. 30
25. Section 93 of the Act is replaced by the
following:
Regulations
93. The Governor in Council may
make regulations
(a) prescribing anything
that the Governor in Council considers necessary to effect compliance with this
Act in the conduct of the affairs of federal institutions other than the
Senate, House of Commons, Library of Parliament, office of the Senate Ethics
Officer or office of the Conflict of Interest and Ethics Commissioner; and
(b) prescribing anything
that is by this Act to be prescribed by regulation of the Governor in Council.
-- 2006, c. 9, s. 96:
96. Subsection 24(3) of the Official Languages Act
is amended by striking out the word “and” at the end of paragraph (d), by adding the word “and” at the end of paragraph (e) and by adding the following after paragraph (e):
(f) the Office of the
Commissioner of Lobbying.
RELATED PROVISION
Transitional —
continuation in office
120.
A person who holds office under one of the following provisions immediately
before the day on which this section comes into force continues in office and
is deemed to have been appointed under that provision, as amended by sections
109 to 111, 118 and 119, to hold office for the remainder of the term for which
he or she had been appointed:
(c) the Commissioner of Official Languages for Canada under
section 49 of the Official Languages Act;