Official Languages Act · GlobalLawDB

Contents

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 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 — taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society — 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 protecting and promoting the French language, recognizing that French is in a minority situation in Canada and North America due to the predominant use of English;AND WHEREAS the Government of Canada is committed to cooperating with provincial and territorial 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 providing opportunities for everyone in Canada to learn a second official language and the contribution of everyone in Canada who speaks both official languages to a mutual appreciation between the two official language communities of Canada;AND WHEREAS the Government of Canada recognizes the importance of supporting sectors that are essential to enhancing the vitality of English and French linguistic minority communities and protecting and promoting the presence of strong institutions serving those communities;AND WHEREAS the Government of Canada recognizes that the Canadian Broadcasting Corporation contributes through its activities to enhancing the vitality of the English and French linguistic minority communities and to the protection and promotion of both official languages;AND WHEREAS the Government of Canada recognizes the importance of remedying the decline in the demographic weight of French linguistic minority communities, including by restoring and increasing their demographic weight;AND WHEREAS the Government of Canada recognizes the importance of francophone immigration in enhancing the vitality of French linguistic minority communities, including by restoring and increasing their demographic weight;AND WHEREAS the Government of Canada recognizes the importance of the French language to trade and economic activity and the contribution of francophone immigration to the economy;AND WHEREAS the Government of Canada recognizes the importance of including a francophone perspective in funding programs;AND WHEREAS the Government of Canada recognizes the presence of English or French linguistic minority communities in each province and territory;AND WHEREAS the Government of Canada recognizes the diversity of the provincial and territorial language regimes that contribute to the advancement of the equality of status and use of English and French in Canadian society, including thatthe Constitution of Canada provides every person with the right to use English or French in the debates of the Houses of the Legislature of Quebec and those of the Legislature of Manitoba and the right to use English or French in any pleading or process in or from the courts of those provinces,Quebec’s Charter of the French language provides that French is the official language of Quebec,the Constitution of Canada provides that English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick, andthe Constitution of Canada provides that the English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges;AND WHEREAS the Government of Canada recognizes that each province and territory has adopted laws, policies or programs guaranteeing service in French or recognizing the contribution of the English or French linguistic minority community to Canadian society;AND WHEREAS the Government of Canada recognizes the importance of maintaining and enhancing the use of languages other than English and French and reclaiming, revitalizing and strengthening Indigenous languages while strengthening the status and use of the official languages;AND WHEREAS all legal obligations related to the official languages apply at all times, including during emergencies;NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

1Short title#

This Act may be cited as the Official Languages Act.

Purpose of Act

2Purpose#

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 in order to protect them while taking into account the fact that they have different needs;

(b.1)advance the equality of status and use of the English and French languages within Canadian society, taking into account the fact that French is in a minority situation in Canada and North America due to the predominant use of English and that there is a diversity of provincial and territorial language regimes that contribute to the advancement, including Quebec’s Charter of the French language, which provides that French is the official language of Quebec;

(b.2)advance the existence of a majority-French society in a Quebec where the future of French is assured; and

(c)set out the powers, duties and functions of federal institutions with respect to the official languages of Canada.

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Government-wide Coordination

2.1President of the Treasury Board#

(1)The President of the Treasury Board is responsible for exercising leadership within the Government of Canada in relation to the implementation of this Act.

(2)The President of the Treasury Board shall, in consultation with the other ministers of the Crown, coordinate the implementation of this Act, including the implementation of the commitments set out in subsections 41(1) to (3), and ensure good governance of this Act.

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2.2Government-wide strategy on official languages#

(1)The Minister of Canadian Heritage shall, in consultation with the President of the Treasury Board, develop and maintain a government-wide strategy that sets out the overall official languages priorities.

(1.1)For greater certainty, the Minister of Canadian Heritage shall perform the duty under subsection (1) in cooperation with the other ministers of the Crown.

(2)That Minister shall cause the strategy to be tabled in each House of Parliament within the first 15 days on which that House is sitting after the strategy has been developed, and periodically after that.

(3)That Minister shall make the strategy accessible to the public through the Internet or by any other means that that Minister considers appropriate.

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2.3Process — implementation of commitment under subsection 41(4)#

The Minister of Canadian Heritage shall establish a process for the Government of Canada to implement its commitment under subsection 41(4).^note

Interpretation

3Definitions#

(1)In this Act,

business day means a day other than

(a)a Saturday;

(b)a Sunday or other holiday; and

(c)a day that falls during the seasonal recess, as defined in section 2 of the Federal Courts Rules; (jour ouvrable)

Commissioner means the Commissioner of Official Languages for Canada appointed under section 49; (commissaire)

communication means any form of communication, including oral, written, electronic, virtual or other communications; (communication)

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; (sociétés d’État)

department means a department as defined in section 2 of the Financial Administration Act; (ministère)

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 Conflict of Interest and Ethics Commissioner,

(c.2)the Parliamentary Protective Service,

(c.3)the office of the Parliamentary Budget Officer,

(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,

(i)any institution of the Legislative Assembly or government of Yukon, the Northwest Territories 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; (institutions fédérales)

but does not include

National Capital Region means the National Capital Region described in the schedule to the National Capital Act; (région de la capitale nationale)

publication means any form of publication, regardless of the medium, including printed, electronic, virtual or other publications; (publication)

restoration means, in relation to the demographic weight of French linguistic minority communities, a return of the demographic weight of all members of those communities whose first official language spoken is French to the level it had at the time of the census of population of Canada taken by Statistics Canada in 1971, namely, 6.1% of the population outside Quebec; (rétablissement)

service means any form of service provided or made available, including oral, written, electronic, virtual or other services. (service)

(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.

3.1Language rights#

For the purposes of this Act,

(a)language rights are to be given a large, liberal and purposive interpretation;

(b)language rights are to be interpreted in light of their remedial character;

(c)the norm for the interpretation of language rights is substantive equality; and

(d)language rights are to be interpreted by taking into account that French is in a minority situation in Canada and North America due to the predominant use of English and that the English linguistic minority community in Quebec and the French linguistic minority communities in the other provinces and territories have different needs.

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Part I · Proceedings of Parliament

4Official languages of Parliament#

(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.

(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.

(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.

Part II · Legislative and Other Instruments

5Journals and other records#

The journals and other records of Parliament shall be made and kept, and shall be printed and published, in both official languages.

6Acts of Parliament#

All Acts of Parliament shall be enacted, printed and published in both official languages.

7Legislative instruments#

(1)An instrument shall be made in both official languages and, if printed and published, shall be printed and published in both official languages, if it is made in the execution of a legislative power conferred by or under an Act of Parliament and

(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 under an Act of Parliament to be published in the Canada Gazette; or

(c)is of a public and general nature.

(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.

(3)Subsection (1) does not, by reason only that the ordinance, by-law, law or other instrument is of a public and general nature, apply to

(a)a law made by the Legislature of Yukon, of the Northwest Territories or for Nunavut, or any instrument made under any such 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.

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8Documents in Parliament#

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.

9Rules, etc., governing practice and procedure#

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.

10International treaties#

(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.

(2)The Government of Canada has the duty to ensure that the following classes of agreements between Canada and one or more provinces or territories 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 or territories if English and French are declared to be the official languages of any of those provinces or territories or if any of them requests that the agreement be made in English and French; and

(c)agreements entered into with two or more provinces or territories if their governments 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 or territories

(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.

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11Notices, advertisements and other published matters#

(1)A notice, advertisement or other matter that is required or authorized by or under 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, appear in publications in general circulation within each region where the matter applies, with the English version appearing in at least one publication that is mainly in English and the French version appearing in at least one publication that is mainly in French or those two versions appearing in at least one publication that appears equally in English and French; and

(b)if there is no publication in general circulation within a region where the matter applies that is mainly in English or mainly in French and no publication in general circulation within that region that appears equally in English and French, appear in both official languages in at least one publication in general circulation within that region.

(1.1)For greater certainty, a publication referred to in subsection (1) includes a publication in an electronic form.

(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.

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12Instruments directed to the public#

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.

13Both versions simultaneous and equally authoritative#

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.

Part III · Administration of Justice

14Official languages of federal courts#

(1)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.

(2)The choice of either official language by a person appearing before a federal court shall not be prejudicial to that person.

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15Hearing of witnesses in official language of choice#

(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.

(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.

(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.

16Duty to ensure understanding without interpreter#

(1)Every federal court 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.

(3)The Government of Canada must, when making appointments to the federal courts, ensure that federal courts are able to meet their duty under subsection (1).

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16.1Equal access to justice in both official languages#

The Government of Canada must take into account the importance of equal access to justice in both official languages when appointing judges to superior courts.^note

16.2Application for appointment#

(1)A person who submits an application for appointment as a judge of a superior court shall indicate their skill level in both official languages.

(2)The Office of the Commissioner for Federal Judicial Affairs shall evaluate, in respect of every candidate who indicated that they have skills in both official languages, the candidate’s ability to speak and understand clearly both official languages.

^note

16.3Language training#

The Office of the Commissioner for Federal Judicial Affairs shall provide the necessary language training to the judges of the superior courts.^note

17Authority to make implementing rules#

(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.

(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.

^note

18Language of civil proceedings where Her Majesty is a party#

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.

19Bilingual forms#

(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.

(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.

20Decisions, orders and judgments that must be made available simultaneously#

(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;

(a.1)the decision, order or judgment has precedential value; or

(b)the proceedings leading to its issuance were conducted in whole or in part in both official languages.

(2)A decision, order or judgment issued by a federal court, including any reasons given for it, shall be issued first in one of the official languages and then, at the earliest possible time, in the other official language, with each version to be effective from the time the first version is effective, if

(a)it is a final decision, order or judgment that is not required under subsection (1) to be made available simultaneously in both official languages; or

(b)the decision, order or judgment is required to be made available simultaneously in both official languages under paragraph (1)(a) or (a.1) but the court is of the opinion that to make the decision, order or judgment, including any reasons given for it, 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.

(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.

(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.

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Part IV · Communications with and Services to the Public

Communications and Services

21Rights relating to language of communication#

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.

22Where communications and services must be in both official languages#

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.

23Travelling public#

(1)For greater certainty, in addition to the duty set out in section 22, 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.

(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.

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24Nature of the office#

(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.

(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.

(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;

(e)the Office of the Privacy Commissioner; and

(f)the Office of the Commissioner of Lobbying.

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Services Provided on behalf of Federal Institutions

25Where services provided on behalf of federal institutions#

(1)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.

(2)For the purpose of subsection (1), the other person or organization is presumed to provide or make available services on behalf of the federal institution if

(a)the federal institution exercises sufficient control over the other person or organization; or

(b)the other person or organization implements a program or legislative regime for which the federal institution is responsible.

(3)For greater certainty, a mere financial contribution by the Government of Canada to another person or organization is not sufficient to trigger the application of subsection (1).

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Regulatory Activities of Federal Institutions

26Regulatory activities relating to health, safety and security of public#

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.

General

27Obligations relating to communications and services#

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.

28Active offer#

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.

29Signs identifying offices#

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.

30Manner of communicating#

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.

31Relationship to Part V#

In the event of any inconsistency between this Part and Part V, this Part prevails to the extent of the inconsistency.

Regulations

32Regulations#

(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).

(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.

33Regulations#

The Governor in Council may make any regulations that the Governor in Council considers 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, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer — in both official languages, if those communications and services are required under this Part to be provided in both official languages.^note

Part V · Language of Work

33.1Definition of employee#

In this Part, employee includes an employee who represents the employer, a person who performs for an employer activities whose primary purpose is to enable the person to acquire knowledge or experience and a person who has been placed by a temporary help agency.^note

34Rights relating to language of work#

(1)English and French are the languages of work in all federal institutions, and employees of all federal institutions have the right to use either official language in accordance with this Part.

(2)A person appointed by the Governor in Council to the position of deputy minister or associate deputy minister or a position of an equivalent rank in a department named in Schedule I to the Financial Administration Act shall, on their appointment, take the language training that is necessary to be able to speak and understand clearly both official languages.

^note

35Duties of government#

(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 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).

^note

36Minimum duties in relation to prescribed regions#

(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 employees of the institution

(i)services that are provided to 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 documentation or other work instruments produced by or on behalf of that or any other federal institution;

(b)ensure that regularly and widely used computer systems acquired or produced by the institution on or after January 1, 1991 can be used in either official language; and

(c)ensure that, if it is appropriate in order to create a work environment that is conducive to the effective use of both official languages,

(i)managers and supervisors are able to communicate in both official languages with employees of the institution in carrying out their managerial or supervisory responsibilities, and

(ii)employees are supervised by their managers and supervisors in the official language of their choice, regardless of the linguistic identification of their position; and

(d)ensure that 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.

(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), the measures that can reasonably be taken are taken in addition to those required under subsection (1) 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 employees.

(3)Nothing in subparagraph (1)(c)(ii) abrogates or derogates from the right of a person to hold a position or carry out managerial or supervisory responsibilities in a federal institution if they held that position or carried out those responsibilities in the institution immediately before the coming into force of that subparagraph.

^note

37Special duties#

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 employees of those institutions.^note

38Regulations#

(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, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer,

(a)prescribing, in respect of any part or region of Canada or any place outside Canada,

(i)any services, documentation or other work instruments that those institutions are to make available to their employees in both official languages,

(ii)any computer systems that must be available for use in both official languages, and

(iii)any supervisory or managerial responsibilities 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 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 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, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, 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.

Part VI · Participation of English-speaking and French-speaking Canadians

39Commitment to equal opportunities and equitable participation#

(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 into account the purposes and provisions of this Act.

(3)Nothing in this section shall be construed as abrogating or derogating from the principle of selection of personnel according to merit.

^note

40Regulations#

The Governor in Council may make regulations for the purposes of this Part.^note

Part VII · Advancement of Equality of Status and Use of English and French

41Commitment — enhancing vitality of communities and fostering English and French#

(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, taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society; and

(b)fostering the full recognition and use of both English and French in Canadian society.

(2)The Government of Canada, recognizing and taking into account that French is in a minority situation in Canada and North America due to the predominant use of English, is committed to protecting and promoting the French language.

(3)The Government of Canada is committed to advancing formal, non-formal and informal opportunities for members of English and French linguistic minority communities to pursue quality learning in their own language throughout their lives, including from early childhood to post-secondary education.

(4)The Government of Canada shall estimate periodically, using the necessary tools, the number of children whose parents have, under section 23 of the Canadian Charter of Rights and Freedoms, the right to have their children receive their instruction in the language of the English or French linguistic minority population of a province or territory, including the right to have them receive that instruction in minority language educational facilities.

(5)Every federal institution has the duty to ensure that the commitments under subsections (1) to (3) are implemented by the taking of positive measures.

(6)Positive measures taken under subsection (5)

(a)shall be concrete and taken with the intention of having a beneficial effect on the implementation of the commitments under subsections (1) to (3);

(b)shall respect

(i)the necessity of protecting and promoting the French language in each province and territory, taking into account that French is in a minority situation in Canada and North America due to the predominant use of English, and

(ii)the necessity of considering the specific needs of each of the two official language communities of Canada, taking into account the equal importance of the two communities; and

(c)may include measures, among others, to

(i)promote and support the learning of English and French in Canada,

(ii)foster an acceptance and appreciation of both English and French by members of the public,

(iii)induce and assist organizations and institutions to project and promote the bilingual character of Canada in their activities in Canada or elsewhere,

(iii.1)restore and increase the demographic weight of French linguistic minority communities,

(iv)support the creation and dissemination of information in French that contributes to the advancement of scientific knowledge in any discipline, and

(v)support sectors that are essential to enhancing the vitality of English and French linguistic minority communities, including the culture, education — from early childhood to post-secondary education — health, justice, employment and immigration sectors, and protect and promote the presence of strong institutions serving those communities.

(7)In carrying out its mandate, every federal institution shall, on the basis of analyses,

(a)consider whether positive measures could potentially be taken under subsection (5);

(a.1)subject to the regulations, take the necessary measures to promote, when negotiating agreements with the provincial and territorial governments, including funding agreements, that may contribute to the implementation of the commitments under subsections (1) to (3), the inclusion in those agreements of provisions establishing the parties’ duties under the agreements respecting official languages; and

(b)consider the possibilities for avoiding, or at least mitigating, the direct negative impacts that its structuring decisions may have on the commitments under subsections (1) to (3).

(8)The analyses referred to in subsection (7) shall be founded, to the extent possible, on the results of dialogue and consultation activities, on research and on evidence-based findings.

(9)The objective of the dialogue and consultation activities carried out for the purposes of subsection (8) is to permit the priorities of the English and French linguistic minority communities and other stakeholders to be taken into account, including in relation to the duty under paragraph (7)(a.1).

(9.1)In carrying out this objective, every federal institution shall

(a)gather relevant information;

(b)seek the opinions of English and French linguistic minority communities and other stakeholders about the positive measures that are the subject of the consultations;

(c)provide the participants with relevant information on which those positive measures are based;

(d)openly and meaningfully consider their opinions; and

(e)be prepared to alter those positive measures.

(10)Every federal institution shall establish evaluation and monitoring mechanisms in relation to the positive measures taken under subsection (5) and in relation to the duty under paragraph (7)(a.1). For greater certainty, these mechanisms shall take into account the obligations set out in subsections 41(7) to (9) and the provisions with respect to dialogue and consultation activities.

(10.1)Subject to subsections (10.2) and (10.3) and the regulations, every federal institution that is a party to an agreement referred to in paragraph (7)(a.1) that includes provisions referred to in that paragraph shall cause the agreement to be published on the Internet or by any other means the institution considers appropriate.

(10.2)The federal institution is not required to cause the agreement to be published, in whole or in part, in the case where, if Part 1 of the Access to Information Act applied to the institution and in dealing with a request for access to the agreement, the institution could under that Part refuse to disclose the agreement, in whole or in part, for a reason that is set out in that Part.

(10.3)The federal institution shall not cause the agreement to be published, in whole or in part, in the case where, if Part 1 of the Access to Information Act applied to the institution and in dealing with a request for access to the agreement, the institution would be required under that Part to refuse to disclose the agreement, in whole or in part, for a reason that is set out in that Part or because that Part does not apply to the agreement.

(10.4)The Governor in Council may, on the recommendation of the Treasury Board made after consultation with the Minister of Canadian Heritage, make regulations in respect of the duties of federal institutions — other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer — under paragraph (7)(a.1) and subsection (10.1), including regulations

(a)prescribing the manner in which those duties are to be carried out and reported on; and

(b)respecting the content of the provisions referred to in paragraph (7)(a.1).

(11)The Governor in Council may, on the recommendation of the Treasury Board made after consultation with the Minister of Canadian Heritage, make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, prescribing the manner in which any duties of those institutions under this Part are to be carried out.

(12)For greater certainty, the express powers, duties and functions of certain ministers of the Crown provided for in this Part do not limit the duties of federal institutions under this Part.

^note

41.1Disposal strategy — considerations#

(1)In developing a disposal strategy for a surplus federal real property or a federal immovable, every department and supporting federal institution shall take into account the needs and priorities of the English or French linguistic minority communities of the province or territory where the federal real property or federal immovable is located.

(2)In taking into account the needs and priorities under subsection (1), departments shall consult English or French linguistic minority communities and other stakeholders, including school boards or commissions.

^note

42Commitment — bilingualism and promoting French abroad#

(1)The Government of Canada is committed to advancing the use of English and French in the conduct of Canada’s external affairs and to promoting French as part of Canada’s diplomatic relations.

(2)The Minister of Foreign Affairs shall implement the commitment under subsection (1).

^note

42.1Recognition — Canadian Broadcasting Corporation#

The Government of Canada recognizes that the Canadian Broadcasting Corporation, in carrying out its purposes under the Broadcasting Act and subject to any applicable orders and regulations of the Canadian Radio-television and Telecommunications Commission, contributes through its activities to enhancing the vitality of the English and French linguistic minority communities in Canada and to the protection and promotion of both official languages. This recognition is made while respecting the freedom of expression and the journalistic, creative and programming independence enjoyed by the Canadian Broadcasting Corporation.^note

43Special mandate of Minister of Canadian Heritage#

(1)The Minister of Canadian Heritage shall advance the equality of status and use of English and French in Canadian society, and to that end 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)support the development and promotion of francophone culture in Canada, including through the activities of entities for which that Minister is responsible and by ensuring that the Government of Canada’s cultural policies are consistent with the purpose of this Act;

(c)provide funding to an organization, independent of the Government of Canada, responsible for administering a program whose purpose is to provide funding for test cases of national significance to be brought before the courts to clarify and assert constitutional and quasi-constitutional official language rights;

(d)encourage and assist provincial and territorial governments to support the development of English and French linguistic minority communities generally and, in particular, to offer provincial, territorial 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 and territorial governments and non-profit organizations to provide opportunities for everyone in Canada to learn both English and French and to foster an acceptance and appreciation of both English and French by members of the public;

(f)induce the business community, labour organizations, non-profit 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)implement programs in support of official languages; 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 achievement of the equality of status and use of English and French in Canadian society and shall provide information to the public relating to those policies and programs.

^note

44Annual report to Parliament#

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.^note

44.1Policy on francophone immigration#

(1)The Minister of Citizenship and Immigration shall adopt a policy on francophone immigration to enhance the vitality of French linguistic minority communities in Canada, including by restoring and increasing their demographic weight.

(2)The policy shall include, among other things,

(a)objectives, targets and indicators;

(a.1)mechanisms for information sharing and for reporting;

(b)a statement that the Government of Canada recognizes that immigration is one of the factors that contributes to maintaining or increasing the demographic weight of French linguistic minority communities in Canada; and

(c)a statement that the Government of Canada recognizes the importance of francophone immigration to economic development.

^note

45Consultation and negotiation — provinces and territories#

Any minister of the Crown designated by the Governor in Council may consult and may negotiate agreements with the provincial and territorial governments to ensure, to the greatest practical extent but subject to Part IV, that the provision of federal, provincial, territorial, municipal and education services in both official languages is coordinated and that regard is had to the needs of the recipients of those services.^note

45.1Cooperation — provinces and territories#

(1)The Government of Canada recognizes the importance of cooperating with provincial and territorial governments in the implementation of this Part, taking into account the diversity of the provincial and territorial language regimes that contribute to the advancement of the equality of status and use of English and French in Canadian society, including that

(a)the Constitution of Canada provides every person with the right to use English or French in the debates of the Houses of the Legislature of Quebec and those of the Legislature of Manitoba and the right to use English or French in any pleading or process in or from the courts of those provinces;

(b)Quebec’s Charter of the French language provides that French is the official language of Quebec;

(c)the Constitution of Canada provides that English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick; and

(d)the Constitution of Canada provides that the English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges.

(2)For greater certainty, the implementation of this Part shall be carried out while respecting the jurisdiction and powers of the provinces and territories.

^note

Part VIII · Responsibilities and Duties of Treasury Board in Relation to the Official Languages of Canada

46Responsibilities of Treasury Board#

(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, subsection 41(5) and paragraph 41(7)(a.1) in all federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer.

(2)In carrying out its responsibilities under subsection (1), the Treasury Board may

(a)[Repealed, 2023, c. 15, s. 25] (repealed)

(b)recommend regulations to the Governor in Council to give effect to Parts IV, V and VI.

(c)[Repealed, 2023, c. 15, s. 25] (repealed)

(d)[Repealed, 2023, c. 15, s. 25] (repealed)

(e)[Repealed, 2023, c. 15, s. 25] (repealed)

(f)[Repealed, 2023, c. 15, s. 25] (repealed)

(g)[Repealed, 2023, c. 15, s. 25] (repealed)

(3)In carrying out its responsibilities under subsection (1), the Treasury Board shall

(a)establish policies, recommend policies to the Governor in Council or issue directives to give effect to Parts IV, V and VI;

(b)in consultation with the Minister of Canadian Heritage, establish policies, recommend policies to the Governor in Council or issue directives to give effect to subsection 41(5) and paragraph 41(7)(a.1);

(c)monitor and audit federal institutions in respect of which it has responsibility for their compliance with policies, directives and regulations of the Treasury Board or the Governor in Council relating to the official languages of Canada;

(d)evaluate the effectiveness and efficiency of policies and programs of federal institutions relating to the official languages of Canada;

(e)provide information to the public and to employees of federal institutions relating to the policies, directives and programs that give effect to Parts IV, V and VI; and

(f)provide information to employees of federal institutions relating to the policies, directives and programs that give effect to subsection 41(5) and paragraph 41(7)(a.1).

^note

47Audit reports to Commissioner#

The Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act shall provide the Commissioner with any audit reports that are prepared under paragraph 46(3)(c).^note

48Annual report to Parliament#

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 exercise of the Treasury Board’s powers and the performance of its duties and functions conferred under this Act and 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.^note

Part IX · Commissioner of Official Languages

Office of the Commissioner

49Appointment#

(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 the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

(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.

(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.

(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.

^note

50Rank, powers and duties generally#

(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.

(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.

^note

51Staff#

The employees that are necessary for the proper conduct of the work of the office of the Commissioner shall be appointed in the manner authorized by law.^note

52Technical assistance#

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.

53Public Service Superannuation Act#

The Commissioner and the 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.^note

54Order exempting Commissioner from directives#

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.

Duties and Functions of Commissioner

55Duties and functions#

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.

56Duty of Commissioner under Act#

(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.

(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.

57Review of regulations, policies and directives#

The Commissioner may initiate a review of any regulations, policies or directives made under this Act, and any other regulations, policies 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 under section 66 or 67.^note

Investigations, Compliance Agreements and Orders

58Investigation of complaints#

(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, regardless of the official language that they speak.

(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.

(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;

(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;

(d)the complaint was not made within a reasonable time after the subject-matter of the complaint arose;

(e)the subject-matter of the complaint has already been the subject of a report by the Commissioner under subsection 63(1);

(f)the federal institution concerned has taken corrective measures to resolve the complaint; or

(g)the Commissioner has entered into a compliance agreement under subsection 64.1(1) in respect of the subject-matter of the complaint.

(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.

^note

59Notice of intention to investigate#

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.

60Investigation to be conducted in private#

(1)Every investigation by the Commissioner under this Act shall be conducted in private.

(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.

61Procedure#

(1)Subject to this Act, the Commissioner may determine the procedure to be followed in carrying out any investigation under this Act.

(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 employee of the office of the Commissioner appointed under section 51 and that employee shall, subject to any restrictions or limitations that 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.

^note

62Powers of Commissioner in carrying out investigations#

(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.

(1.1)The Commissioner may, at any time in the course of an investigation, attempt to resolve a complaint by means of a process of alternative dispute resolution, other than arbitration.

(2)The Commissioner may provide a report with reasons to the President of the Treasury Board and the deputy head or other administrative head of any federal institution concerned if 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.

^note

63Conclusion of investigation#

(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, or any policy or 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.

(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.

(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.

^note

63.1Publication#

(1)After carrying out an investigation under this Act, the Commissioner may make any of the following information public:

(a)a summary of the investigation;

(b)the findings of the investigation;

(c)any recommendations made by the Commissioner under subsection 63(3).

(2)The Commissioner shall ensure that the information made public under subsection (1) is not in a form that could reasonably be expected to identify the complainant or any individual.

(3)Before making the information public, the Commissioner shall give to the deputy head or other administrative head of any federal institution concerned at least 30 business days’ notice of the Commissioner’s intention to make it public.

^note

64Where investigation carried out pursuant to complaint#

(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.

(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.

64.1Compliance agreement#

(1)If, at any time during the course of or after carrying out an investigation, the Commissioner has reasonable grounds to believe that a federal institution has contravened this Act, the Commissioner may enter into a compliance agreement with that federal institution aimed at ensuring compliance with this Act.

(2)The complainant may, at the invitation of the Commissioner, be made a party to the compliance agreement.

(3)A compliance agreement may contain any terms that the Commissioner considers necessary to ensure compliance with this Act.

^note

64.2Effect of compliance agreement — Commissioner#

(1)Once a compliance agreement is entered into, the Commissioner

(a)is not permitted to make an order under subsection 64.5(1) in respect of any matter covered under the agreement;

(b)is not permitted to make an application under paragraph 78(1)(a) in respect of any matter covered under the agreement; and

(c)shall apply to the Federal Court for the suspension of any pending applications that the Commissioner made under paragraph 78(1)(a) in respect of any matter covered under the agreement.

(2)The complainant, if they are a party to the compliance agreement entered into,

(a)is not permitted to make an application under subsection 77(1) in respect of any matter covered under the agreement; and

(b)shall apply to the Federal Court for the suspension of any pending applications that they made under subsection 77(1) in respect of any matter covered under the agreement.

^note

64.3Compliance agreement complied with#

If the Commissioner is of the opinion that a federal institution has complied with a compliance agreement,

(a)the Commissioner shall provide written notice to that effect to the federal institution and, if the complainant is a party to the agreement, to the complainant;

(b)the Commissioner shall withdraw any applications that the Commissioner made under paragraph 78(1)(a) in respect of any matter covered under the agreement; and

(c)the complainant, if they are a party to the agreement, shall withdraw any applications that they made under subsection 77(1) in respect of any matter covered under the agreement.

^note

64.4Compliance agreement not complied with#

(1)If the Commissioner is of the opinion that a federal institution has not complied with a compliance agreement, the Commissioner shall provide written notice to that effect to the deputy head or other administrative head of the federal institution and to the complainant, if they are a party to the agreement, and may apply to the Federal Court

(a)for an order requiring the federal institution to comply with the agreement, in addition to any other remedies that the Federal Court may give; or

(b)for a remedy in accordance with paragraph 78(1)(a) or for the reinstatement of proceedings that have been suspended as a result of any application made under paragraph 64.2(1)(c).

(2)A federal institution whose deputy head or other administrative head receives a notice under subsection (1), and a complainant who receives a notice under that subsection, have the right to appear as parties to the proceedings.

(3)On receipt of the notice, the complainant may apply to the Federal Court for a remedy in accordance with subsection 77(1) or for the reinstatement of proceedings that have been suspended as a result of an application made under paragraph 64.2(2)(b).

(4)Despite subsection 77(2) and paragraph 78(1)(a) but subject to subsection 77(3), the application shall be made within one year after the date of the notice or within any longer period that the Federal Court may, either before or after the expiry of that year, allow.

^note

64.5Commissioner’s order#

(1)If, after carrying out an investigation of a complaint, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or violated a right — under Part IV or V and has made recommendations under subsection 63(3) in respect of that contravention or violation, or in respect of an identical contravention of that duty or violation of that right by the institution, the Commissioner may make an order directing that institution to take any action that the Commissioner considers appropriate to rectify the contravention or violation.

(2)However, the Commissioner is not permitted to make an order in respect of the subject-matter of a complaint unless, before making the order, the Commissioner invited the federal institution to enter into a compliance agreement under subsection 64.1(1) in respect of that subject-matter.

(3)Before making an order under subsection (1), the Commissioner shall provide to the deputy head or other administrative head of the federal institution concerned a notice that sets out

(a)the order that the Commissioner intends to make; and

(b)a statement that within 20 days after the day on which the deputy head or other administrative head receives the notice, that deputy head or other administrative head shall notify the Commissioner

(i)of the action taken or proposed to be taken by the federal institution to implement the proposed order or the recommendations made under subsection 63(3), or the reasons why no such action has been or is proposed to be taken, or

(ii)whether the federal institution wishes to enter into a compliance agreement under subsection 64.1(1).

(4)The order may include any condition that the Commissioner considers appropriate.

(5)The Commissioner shall provide to the complainant and to the deputy head or other administrative head of the federal institution a notice that sets out

(a)any order that the Commissioner makes;

(b)a statement that the complainant and the federal institution each have the right to apply for a review under section 78.1, within the period specified for exercising that right, and that they must comply with section 78.5 if they exercise that right; and

(c)a statement that if neither the complainant nor the federal institution applies for a review within the period specified for doing so, any order set out in the notice takes effect in accordance with subsection (6).

(6)The order takes effect on the 31st business day after the day on which the deputy head or other administrative head of the federal institution receives the notice.

(7)For the purpose of this section, the deputy head or other administrative head of the federal institution is deemed to have received a notice on the fifth business day after the date of the notice.

^note

64.6Filing of order#

(1)If the Commissioner is of the opinion that a federal institution has not complied with the terms of an order made under subsection 64.5(1), the Commissioner may file in the Federal Court a copy of the order certified by the Commissioner to be a true copy.

(2)On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.

^note

65Report to Governor in Council where appropriate action not taken#

(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.

(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.

(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.

(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.

Reports to Parliament

66Annual report#

(1)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.

(2)The Commissioner shall include, as part of the report, in respect of each federal institution concerned,

(a)the number of times that the Commissioner refused or ceased to investigate a complaint under subsection 58(4) and the paragraph of that subsection that was relied on;

(b)for each process of alternative dispute resolution used, the number of complaints on which that process was used and the number of them that were resolved through that process;

(c)the number of times that the Commissioner published any information under subsection 63.1(1);

(d)the number of complaints that were made the object of a compliance agreement under subsection 64.1(1), a description of the contravention that resulted in the agreement being entered into and an indication as to whether the federal institution complied with the agreement and, if not, any measures taken by the Commissioner as a result; and

(e)the number of complaints that were made the object of an order under subsection 64.5(1), a description of the contravention or violation that resulted in the order being made and an indication as to whether the federal institution complied with the order and, if not, any measures taken by the Commissioner as a result.

^note

67Special reports#

(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.

(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.

68Contents of report#

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.

69Transmission of report#

(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.

(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.

Delegation

70Delegation by Commissioner#

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.

General

71Security requirements#

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.

72Confidentiality#

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.

73Disclosure authorized#

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.

74No summons#

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.

75Protection of Commissioner#

(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.

(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.

Part X · Court Remedy

76Definition of Court#

In this Part, Court means the Federal Court.^note

77Application for remedy#

(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.

(2)An application may be made under subsection (1) within 60 days — or within any further time that the Court may allow, on request made either before or after the expiry of those 60 days — after

(a)the results of an investigation of the complaint by the Commissioner are reported to the complainant under subsection 64(1),

(a.1)the complainant is informed of the actions taken to implement the recommendations that the Commissioner made under subsection 63(3),

(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).

(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 actions taken to implement the recommendations that the Commissioner made under subsection 63(3), 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.

(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.

(4.1)If there is a conflict between a provision of an order made under paragraph 64.4(1)(a) and a provision of an order made under subsection (4), the order made under subsection (4) prevails to the extent of the conflict.

(4.2)If there is a conflict between a provision of an order filed under subsection 64.6(1) and a provision of an order made under subsection (4), the order made under subsection (4) prevails to the extent of the conflict.

(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.

^note

78Commissioner may apply or appear#

(1)The Commissioner may

(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.

(1.1)Despite paragraph (1)(a), if the Commissioner makes an order under subsection 64.5(1), the Commissioner

(a)is not permitted to make an application under paragraph (1)(a) in respect of any matter that is the subject of the order; and

(b)shall withdraw any applications that were made under paragraph (1)(a) in respect of any matter that is the subject of the order.

(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.

(3)Nothing in this section abrogates or derogates from the capacity of the Commissioner to seek leave to intervene in any judicial proceedings relating to the status or use of English or French.

^note

78.1Review by Court — complainant#

(1)A person who makes a complaint described in subsection 64.5(1) and who receives a notice under subsection 64.5(5) in respect of the complaint may, within 30 business days after the day on which the deputy head or other administrative head of the federal institution receives the notice, apply to the Court for a review of any matter that is the subject of the order set out in the notice.

(2)A federal institution may, within 30 business days after the day on which its deputy head or other administrative head receives a notice under subsection 64.5(5), apply to the Court for a review of any matter that is the subject of the order set out in the notice.

(3)A complainant who applies for a review under subsection (1) may name only the federal institution concerned as the respondent to the proceedings. A federal institution that applies for a review under subsection (2) may name only the Commissioner as the respondent to the proceedings.

(4)For the purposes of this section, the deputy head or other administrative head of the federal institution is deemed to have received the notice on the fifth business day after the date of the notice.

^note

78.2Order stayed#

(1)Subject to subsections (2) and (3), the making of an application under section 78.1 operates as a stay of the order set out in the notice received under subsection 64.5(5) until the proceedings are finally concluded.

(2)The Court may cancel the stay of the order or may suspend the operation of the stay temporarily subject to any terms that it considers appropriate.

(3)Any part of the order that relates to a matter that is not the subject of the proceedings becomes operative.

^note

78.3Party to review — federal institution#

(1)If a complainant who receives a notice under subsection 64.5(5) applies to the Court for a review under subsection 78.1(1), the federal institution whose deputy head or other administrative head received the notice under subsection 64.5(5) has the right to appear as a party to the review.

(2)If the federal institution whose deputy head or other administrative head receives a notice under subsection 64.5(5) applies to the Court for a review under subsection 78.1(2), the complainant who received the notice under subsection 64.5(5) has the right to appear as a party to the review.

(3)If a complainant files notice of their intention to appear as a party to a review with the Court within 10 business days after the expiry of the period referred to in subsection 78.1(2), they may raise for determination by the Court any matter in respect of which they may make an application under subsection 78.1(1).

^note

78.4Appearance by Commissioner#

The Commissioner may

(a)appear before the Court on behalf of a complainant; or

(b)appear as a party to any review applied for under section 78.1.

^note

78.5Service of originating document#

(1)If a complainant makes an application for a review under subsection 78.1(1), they shall immediately serve a copy of the originating document on the deputy head or other administrative head of the federal institution whose deputy head or other administrative head received the notice under subsection 64.5(5).

(2)If a federal institution makes an application for a review under subsection 78.1(2), its deputy head or other administrative head shall immediately serve a copy of the originating document on the Commissioner. However, if the deputy head or other administrative head of a federal institution is served with a copy of an originating document under subsection (1), that deputy head or other administrative head shall, as soon as possible after being served, give written notice of the application to the Commissioner, unless the Commissioner has already been served with a copy of the document.

^note

78.6De novo review#

For greater certainty, an application under section 78.1 is to be heard and determined as a new proceeding.^note

78.7Order of Court#

The Court shall, in respect of any matter that is the subject of the proceedings,

(a)make an order declaring that the federal institution concerned is required to comply with the provisions of the Commissioner’s order that relate to that matter;

(b)make an order declaring that the federal institution concerned is not required to comply with the provisions of the Commissioner’s order that relate to that matter; or

(c)make any other order that it considers appropriate.

^note

78.8Incompatible provisions#

(1)An order of the Court made under section 78.7 has the effect of rescinding the provisions of the Commissioner’s order relating to any matter that is the subject of the proceedings that are incompatible with the Court’s order.

(2)The Court must specify in any order that it makes the provisions of the Commissioner’s order that are rescinded under subsection (1).

^note

79Evidence relating to similar complaint#

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.

80Hearing in summary manner#

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.^note

81Costs#

(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.

(2)If the Court is of the opinion that an application under section 77 or 78.1 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.

^note

Part XI · General

82Primacy of Parts I to V#

(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).

(2)Subsection (1) does not apply to the Canadian Human Rights Act or any regulation made thereunder.

83Rights relating to other languages#

(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 other than English or French, including any Indigenous language.

(2)Nothing in this Act shall be interpreted in a manner that is inconsistent with the maintenance and enhancement of languages other than English or French, nor with the reclamation, revitalization and strengthening of Indigenous languages.

^note

84Consultations#

If the Governor in Council proposes to make a regulation under a provision of this Act, the minister of the Crown who is responsible for the provision 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, if appropriate, members of the public generally on the proposed regulation.^note

85Tabling of draft of proposed regulation#

(1)If the Governor in Council proposes to make a regulation under a provision of this Act, the minister of the Crown who is responsible for the provision shall lay a draft of the proposed regulation before the House of Commons at least 30 days before a copy of the regulation is published in the Canada Gazette under section 86.

(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.

^note

86Publication of proposed regulation#

(1)Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under a provision of this Act shall be published in the Canada Gazette at least 30 days before its proposed effective date, and a reasonable opportunity shall be afforded to interested persons to make representations to the minister of the Crown who is responsible for the provision with respect to the proposed regulation.

(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.

(3)In calculating the 30-day period referred to in subsection (1), only the days on which both Houses of Parliament sit shall be counted.

^note

87Tabling of regulation#

(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.

(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.

(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.

(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.

(5)For the purposes of this section, sitting day means, in respect of either House of Parliament, a day on which that House sits.

^note

88Review by parliamentary committee#

The administration of this Act, any regulations, policies 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 any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.^note

89Section 126 of Criminal Code#

Section 126 of the Criminal Code does not apply to or in respect of any contravention of any provision of this Act or the regulations.^note

90Parliamentary and judicial powers, privileges and immunities saved#

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.

91Staffing generally#

Nothing in this Act 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.^note

92References in Acts of Parliament to the “official languages”#

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.

93Regulations#

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, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer; and

(b)prescribing anything that is by this Act to be prescribed by regulation of the Governor in Council.

^note

93.1Review#

(1)On the 10th anniversary of the day on which this section comes into force and every 10 years after that anniversary, the Minister of Canadian Heritage shall, in consultation with the President of the Treasury Board, undertake a review of the provisions and operation of this Act.

(1.1)The review undertaken under subsection (1) shall include a comprehensive analysis, over the previous ten years, of the enhancement of the vitality of the English and French linguistic minority communities and of the protection and promotion of the French language in Canada.

(1.2)The comprehensive analysis undertaken under subsection (1.1) may include any relevant

(a)indicators that are related to sectors that are essential to enhancing the vitality of English and French linguistic minority communities, including the culture, education — from early childhood to post-secondary education — health, justice, employment and immigration sectors;

(b)qualitative indicators; and

(c)quantitative indicators, including mother tongue spoken, language most often spoken at home, rate of anglicization and francization, language transfer and language of work.

(2)The Minister of Canadian Heritage shall cause a report of the review to be tabled in each House of Parliament within the first 30 days on which that House is sitting after the report has been completed.

^note

Part XII · Related Amendments

94 to 99 #

[Amendments]

Part XIII · Consequential Amendments

100 to 103 #

[Amendments]

Part XIV · Transitional Provisions, Repeal and Coming into Force

Transitional

104 and 105 #

[Repealed, R.S., 1985, c. 31 (4th Supp.), s. 106] (repealed)

106 #

[Amendment]

107Persons appointed remain in office#

The persons holding the positions referred to in subsection 34(2) immediately before the coming into force of that provision shall continue in office.^note

108 #

[Repealed, 2023, c. 15, s. 51] (repealed)

Repeal

109 #

[Repeal]

Coming into Force

*110Coming into force#

This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation.

Related provisions

— 2006, c. 9, par. 120(c)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:the Commissioner of Official Languages for Canada under section 49 of the Official Languages Act;

Amendments not in force

— 2023, c. 15, ss. 36(2) to (4)Subsection 64.2(1) of the Act is amended by adding the following after paragraph (a):is not permitted to issue a notice of violation under subsection 65.6(1) in respect of any matter covered under the agreement;Subsection 64.5(1) of the Act is replaced by the following:If, after carrying out an investigation of a complaint, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or violated a right — under Part IV or V or subsection 41(7) or (10) and has made recommendations under subsection 63(3) in respect of that contravention or violation, or in respect of an identical contravention of that duty or violation of that right by the institution, the Commissioner may make an order directing that institution to take any action that the Commissioner considers appropriate to rectify the contravention or violation.Section 64.5 of the Act is amended by adding the following after subsection (2):Despite subsection (1), the Commissioner is not permitted to make an order under that subsection in respect of a contravention of a duty under subsection 41(7) or (10) requiring the federal institution to take a positive measure under subsection 41(5) or to include in any agreement referred to in paragraph 41(7)(a.1) provisions establishing the parties’ duties under the agreement respecting the official languages. — 2023, c. 15, s. 37The Act is amended by adding the following after section 65:Administrative Monetary PenaltiesThe following definitions apply in sections 65.3 to 65.95 and subsection 66(3).designated body means a corporation referred to in section 65.2. (organisme désigné)penalty means an administrative monetary penalty imposed for a violation. (sanction)Sections 65.3 to 65.95 apply to a Crown corporation — or corporation that is subject to this Act under another Act of Parliament — thatis designated by regulation;has duties under Part IV;operates in the transportation sector; andengages in communications with and provides or makes available services to the travelling public.The purpose of a penalty is to promote compliance with Part IV and not to punish.The Governor in Council may, on the recommendation of the Minister of Canadian Heritage, make regulationsdesignating any corporation for the purposes of section 65.2;designating, as a violation that may be proceeded with in accordance with sections 65.3 to 65.95, the contravention of any specified provision of Part IV or the regulations made under that Part in respect of specified communications and services or specified categories of communications and services;fixing a penalty, or a range of penalties, in respect of each violation;for the purposes of paragraph (3)(d), establishing other criteria to be considered in determining the amount of the penalty if a range of penalties is established;increasing the amount of the maximum penalty set out in subsection (2);respecting the service of documents required or authorized to be served under sections 65.3 to 65.95, including the manner and proof of service and the circumstances under which documents are to be considered to be served;establishing the form and content of notices of violation; andgenerally, for carrying out the purposes and provisions of sections 65.3 to 65.95.Subject to regulations made under paragraph (1)(e), the maximum penalty in respect of a violation that may be fixed under regulations made under paragraph (1)(c) is $25,000.If a range of penalties is fixed by regulations made under paragraph (1)(c) in respect of a violation, then the Commissioner shall take into account the following criteria in determining the amount of the penalty:the nature and scope of the violation;the history of compliance, by the designated body that is believed to have committed the violation, with the provisions of Part IV and the regulations made under that Part that are designated by regulations made under paragraph (1)(b);the designated body’s ability to pay the penalty;any criteria established by regulation; andany other relevant criterion.Every designated body that contravenes a provision designated by regulations made under paragraph 65.4(1)(b) commits a violation and is liable to a penalty of an amount to be determined in accordance with regulations made under paragraph 65.4(1)(c) and with subsection 65.4(3).If, after carrying out an investigation of a complaint in respect of a right or duty under a provision designated by regulations made under paragraph 65.4(1)(b), the Commissioner has reasonable grounds to believe that a designated body has committed a violation and has made a report under subsection 63(1) in respect of that violation, the Commissioner may issue a notice of violation and shall cause it to be served — along with the report and any other relevant document — on the body.However, the Commissioner is not permitted to issue a notice of violation in respect of the subject-matter of a complaint unless, before issuing the notice of violation, the Commissioner invited the designated body to enter into a compliance agreement under subsection 64.1(1) in respect of that subject-matter.The Commissioner is not permitted to issue a notice of violation under subsection (1) in respect of the subject-matter of a complaint if that subject-matter has already been the subject of a notice of violation.The notice of violation shallset out the name of the designated body that is believed to have committed the violation;set out the relevant facts of the violation and the provision at issue;set out the penalty for the violation;set out the manner in which the Commissioner took into account the criteria referred to in subsection 65.4(3) in determining the amount of the penalty, if a range of penalties is fixed for the violation by regulations made under paragraph 65.4(1)(c);inform the designated body of its right to contest the facts of the alleged violation, the penalty or both, by way of review, and specify the time within which and the manner in which to do so in accordance with section 65.9;inform the designated body that the penalty is to be paid within 30 business days after the day on which the notice of violation is served and specify the manner in which to do so;inform the designated body that, if it does not pay the penalty or exercise its right referred to in paragraph (e) within the time and in the manner set out in the notice, it will be considered to have committed the violation and that it is liable for the penalty set out in the notice; andset out any other information provided by regulation.No notice of violation shall be issued in respect of a violation after the second anniversary of the day on which the Commissioner was informed of the facts of the alleged violation or the third anniversary of the day on which the facts of the alleged violation occurred, whichever is earlier.A document appearing to have been issued by the Commissioner, certifying the day on which the Commissioner was informed of the facts of the alleged violation, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Commissioner was informed of the facts of the alleged violation on that day.If a designated body that is served with a notice of violation pays the penalty set out in the notice, it is deemed to have committed the violation and the proceedings in respect of it are ended.A designated body that neither pays a penalty set out in a notice of violation nor requests a review within the specified time is deemed to have committed the violation and is liable for the penalty.Instead of paying the penalty set out in a notice of violation, the designated body named in the notice may, within 30 business days after the day on which the notice is served and in the manner specified in the notice, apply to the Federal Court for a review of the facts of the alleged violation or of the amount of the penalty, or both.For greater certainty, an application under subsection (1) is to be heard and determined as a new proceeding.If a designated body applies for a review with respect to the facts of an alleged violation, then on completion of the review the Federal Court shall, subject to subsection (3),if it determines that the designated body committed the violation, make an order declaring that the designated body committed the violation and is liable for the penalty set out in the notice of violation; orif it determines that the designated body did not commit the violation, make an order declaring that the designated body did not commit the violation and is not liable for the penalty set out in the notice of violation.If a designated body applies for a review with respect to the amount of the penalty for a violation, then on completion of the review the Federal Court shall, subject to subsection (3),determine the amount of the penalty in accordance with regulations made under paragraph 65.4(1)(c) and, if those regulations fix a range of penalties in respect of the violation, by taking into account the criteria referred to in subsection 65.4(3); andmake an order declaring that the designated body is liable for a penalty of the amount that the Court determines.If a designated body applies for a review with respect to both the facts of an alleged violation and the amount of the penalty for the violation, then on completion of the review the Federal Court shall,if it determines that the designated body committed the violation,determine the amount of the penalty in accordance with regulations made under paragraph 65.4(1)(c) and, if those regulations fix a range of penalties in respect of the violation, by taking into account the criteria referred to in subsection 65.4(3), andmake an order declaring that the designated body committed the violation and is liable for a penalty of the amount that the Court determines; orif it determines that the designated body did not commit the violation, make an order declaring that the designated body did not commit the violation and is not liable for the penalty set out in the notice of violation.The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless an application for review is made under section 65.9; andif an application for review is made under section 65.9, the amount payable under an order of the Federal Court made under paragraph 65.91(1)(a) or (2)(b) or subparagraph 65.91(3)(a)(ii), beginning on the date of the order.Proceedings to recover a debt referred to in subsection (1) may be commenced no later than the fifth anniversary of the day on which the debt becomes payable.A debt referred to in subsection (1) that is paid or recovered is payable to and shall be remitted to the Receiver General.The Commissioner may issue a certificate for the unpaid amount of any debt referred to in subsection 65.92(1).Registration of a certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs.In a proceeding in respect of a violation, a notice purporting to be served under subsection 65.6(1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it.A designated body named in a notice of violation does not have a defence by reason that itexercised due diligence to prevent the violation; orreasonably and honestly believed in the existence of facts that, if true, would exonerate it.Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is consistent with this Act. — 2023, c. 15, s. 38(2)Section 66 of the Act is amended by adding the following after subsection (2):The Commissioner shall include, as part of the report, in respect of each designated body concerned,the number of notices of violation that the Commissioner issued under subsection 65.6(1);the relevant facts of the violations and the provisions at issue; andthe amount of the penalties imposed, if any. — 2023, c. 15, s. 39Paragraph 70(b) of the Act is replaced by the following:the powers, duties or functions set out in sections 63, 63.1, 64.1 to 69 and 78. — 2023, c. 15, s. 43Subsection 81(1) of the French version of the Act is replaced by the following:Les frais et dépens afférents à tout recours exercé devant le tribunal sous le régime de la présente loi sont laissés à l’appréciation du tribunal et suivent, sauf ordonnance contraire de celui-ci, le sort du principal.[In force]Subsection 81(2) of the Act is replaced by the following:If the Court is of the opinion that an application under section 65.9, 77 or 78.1 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.

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.