First Session, Forty-fourth Parliament, 70-71 Elizabeth II – 1 Charles III, 2021-2022-2023 |
STATUTES OF CANADA 2023
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An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts
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ASSENTED TO
June 20, 2023
BILL C-13 |
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts”.
Part 1 amends the Official Languages Act to, among other things,
(a) specify that all legal obligations related to the official languages apply at all times, including during emergencies;
(b) codify certain interpretative principles regarding language rights;
(c) provide that section 16 of that Act applies to the Supreme Court of Canada;
(d) provide that a final decision, order or judgment of a federal court that has precedential value is to be made available simultaneously in both official languages;
(e) provide for Government of Canada commitments to
(i) protect and promote French,
(ii) estimate the number of children whose parents are rights holders under section 23 of the Canadian Charter of Rights and Freedoms,
(iii) advance 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, and
(iv) advance the use of English and French in the conduct of Canada’s external affairs;
(f) clarify the nature of the duty of federal institutions to take positive measures to implement certain Government of Canada commitments and the manner in which the duty is to be carried out;
(g) provide for certain positive measures that federal institutions may take to implement certain Government of Canada commitments, including measures to
(i) promote and support the learning of English and French in Canada, and
(ii) support sectors that are essential to enhancing the vitality of English and French linguistic minority communities and protect and promote the presence of strong institutions serving those communities;
(h) provide for certain measures that the Minister of Canadian Heritage may take to advance the equality of status and use of English and French in Canadian society;
(i) provide that the Minister of Citizenship and Immigration is required to adopt a policy on francophone immigration and that the policy is to include, among other things, objectives, targets and indicators;
(j) provide that the Government of Canada recognizes the importance of cooperating with provincial and territorial governments;
(k) provide that the Treasury Board is required to establish policies to give effect to certain parts of that Act, monitor and audit federal institutions for their compliance with policies, directives and regulations relating to the official languages, evaluate the effectiveness and efficiency of policies and programs of federal institutions relating to the official languages and provide certain information to the public and to employees of federal institutions;
(l) enable the Commissioner of Official Languages to enter into compliance agreements and, in certain cases, to make orders; and
(m) enable the Commissioner of Official Languages to impose administrative monetary penalties on certain entities for non-compliance with certain provisions of Part IV of that Act.
It also makes a related amendment to the Department of Canadian Heritage Act.
Part 2 enacts the Use of French in Federally Regulated Private Businesses Act, which, among other things, provides for rights and duties respecting the use of French as a language of service and a language of work in relation to federally regulated private businesses in Quebec and then, at a later date, in regions with a strong francophone presence. That Act also allows employees of federally regulated private businesses to make a complaint to the Commissioner of Official Languages with respect to rights and duties in relation to language of work and allows the Commissioner to refer the complaint to the Canada Industrial Relations Board in certain circumstances. It also provides that the Minister of Canadian Heritage is responsible for promoting those rights. Finally, Part 2 makes related amendments to the Canada Labour Code.
Available on the House of Commons website at the following address:
www.ourcommons.ca
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An Act for the Substantive Equality of Canada’s Official Languages
Amendments to the Act
Related Amendment to the Department of Canadian Heritage Act
Regulations
Enactment of Act
Use of French in Federally Regulated Private Businesses Act
Definitions
Language rights
Purpose
Broadcasting
Charter of the French language
Communications and services in French
Scope of duty
Language rights at work
Duty — arbitral awards
Rights of trade unions
Fostering use of French
Adverse treatment
Role
Promotion of rights
Duty
Complaint to Commissioner
Part IX of Official Languages Act
Part X of Official Languages Act
Complaint to Commissioner
Part IX of Official Languages Act
Part X of Official Languages Act
Referral to Board
Board’s decision
Dealing with complaint
Powers of Board
Consultation
Regulations of Board
Rejection of complaint
Board orders
Copy of decision
Enforcement of orders
No civil remedy affected
Regulations
Regulations
Consultations
Tabling of draft of proposed regulation
Publication of proposed regulation
Permanent review by parliamentary committee
Section 126 of Criminal Code
Parliamentary and judicial powers, privileges and immunities
Rights relating to other languages
Compliance agreements — Quebec (communications and services)
Review
Amendments to the Act
Related Amendments to the Canada Labour Code
Transitional Provision
This Act
First anniversary
70-71 Elizabeth II – 1 Charles III |
CHAPTER 15 |
An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts |
[Assented to 20th June, 2023]
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His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1 This Act may be cited as An Act for the Substantive Equality of Canada’s Official Languages.
R.S., c. 31 (4th Supp.)
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 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 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 that
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,
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, and
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;
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;
(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
commissaire Le commissaire aux langues officielles du Canada nommé au titre de l’article 49. (Commissioner)
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)
communication means any form of communication, including oral, written, electronic, virtual or other communications; (communication)
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)
(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.
(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.
(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.
(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.
(a.1) the decision, order or judgment has precedential value; or
(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.
(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.
(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
(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, 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
(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.
(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
(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;
(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,
(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.
(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.
(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).
(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.
(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).
(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
(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.
(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.
(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).
(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.
b) que son action, ou celle d’une personne agissant en son nom ou sous son autorité dans l’exercice des attributions du commissaire, a été entravée.
(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
(a) a summary of the investigation;
(b) the findings of the investigation;
(c) any recommendations made by the Commissioner under subsection 63(3).
(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.
(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.
(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.
(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).
(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).
(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).
(a.1) is not permitted to issue a notice of violation under subsection 65.6(1) in respect of any matter covered under the agreement;
designated body means a corporation referred to in section 65.2. (organisme désigné)
penalty means an administrative monetary penalty imposed for a violation. (sanction)
(a) is designated by regulation;
(b) has duties under Part IV;
(c) operates in the transportation sector; and
(d) engages in communications with and provides or makes available services to the travelling public.
(a) designating any corporation for the purposes of section 65.2;
(b) 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;
(c) fixing a penalty, or a range of penalties, in respect of each violation;
(d) 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;
(e) increasing the amount of the maximum penalty set out in subsection (2);
(f) 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;
(g) establishing the form and content of notices of violation; and
(h) generally, for carrying out the purposes and provisions of sections 65.3 to 65.95.
(a) the nature and scope of the violation;
(b) 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);
(c) the designated body’s ability to pay the penalty;
(d) any criteria established by regulation; and
(e) any other relevant criterion.
(a) set out the name of the designated body that is believed to have committed the violation;
(b) set out the relevant facts of the violation and the provision at issue;
(c) set out the penalty for the violation;
(d) 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);
(e) 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;
(f) 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;
(g) 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; and
(h) set out any other information provided by regulation.
(a) 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; or
(b) if 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.
(a) 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); and
(b) make an order declaring that the designated body is liable for a penalty of the amount that the Court determines.
(a) if it determines that the designated body committed the violation,
(i) 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), and
(ii) make an order declaring that the designated body committed the violation and is liable for a penalty of the amount that the Court determines; or
(b) if 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.
(a) 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; and
(b) if 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.
(a) exercised due diligence to prevent the violation; or
(b) reasonably and honestly believed in the existence of facts that, if true, would exonerate it.
(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.
(a) the number of notices of violation that the Commissioner issued under subsection 65.6(1);
(b) the relevant facts of the violations and the provisions at issue; and
(c) the amount of the penalties imposed, if any.
(b) the powers, duties or functions set out in sections 63, 63.1, 64.1 to 69 and 78.
(a.1) the complainant is informed of the actions taken to implement the recommendations that the Commissioner made under subsection 63(3),
(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.
(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.
(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.
(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.
1995, c. 11
Whereas nothing in the Canadian Charter of Rights and Freedoms limits the authority of Parliament to advance the equality of status or use of English and French;
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;
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;
Whereas consumers in Quebec or a region with a strong francophone presence should have the right to communicate in French with and obtain available services in French from federally regulated private businesses that carry on business in Quebec or the region;
And whereas employees of federally regulated private businesses who work in Quebec or a region with a strong francophone presence should have the right to work in French;
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code. (Conseil)
Commissioner means the Commissioner of Official Languages for Canada appointed under section 49 of the Official Languages Act. (commissaire)
federally regulated private business means a person that employs employees on or in connection with a federal work, undertaking or business as defined in section 2 of the Canada Labour Code but does not include
(a) a person that employs fewer employees than the number of employees specified in the regulations;
(b) a corporation that is incorporated to perform functions on behalf of the Government of Canada;
(c) a corporation that is subject to the Official Languages Act under another Act of Parliament; or
(d) a council, government, corporation or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (entreprise privée de compétence fédérale)
Minister means the Minister of Canadian Heritage. (ministre)
parties, in relation to a complaint made to the Commissioner, means the complainant, the federally regulated private business that is the subject of the complaint and any other person added as a party to the complaint. (parties)
(a) are to be given a large, liberal and purposive interpretation; and
(b) are to be interpreted in light of their remedial character.
(a) carry out their work and be supervised in French;
(b) receive all communications and documents from the federally regulated private business, including employment application forms, offers of employment, transfer or promotion, individual employment contracts, documents related to the conditions of employment, training documents produced for employees, notices of termination of employment, collective agreements and their schedules and grievances, in French; and
(c) use regularly and widely used work instruments and computer systems in French.
(a) is issued in French or, if it is issued in English or another language other than French, is translated into French without delay at the expense of the business and provided to the parties to the arbitration in both linguistic versions at the same time; and
(b) is translated into English or another language other than French as soon as feasible and at the expense of the business, if it was issued exclusively in French and a party to the arbitration requests a translation into the language other than French.
(a) informing employees that it is subject to this Act;
(b) informing employees who occupy or are assigned to positions in those workplaces of their language of work rights and available remedies; and
(c) establishing a committee to support the management group that is responsible for the general direction of the federally regulated private business in the fostering of French and its use within the federally regulated private business.
(a) all members of the management group and employees having a good knowledge of French;
(b) an increase, if necessary, in the number of persons who have a good knowledge of French in order to ensure that it is used generally;
(c) the use of French as the language of work and of internal communications;
(d) the use of French in the working documents, work instruments and computer systems used in the business;
(e) the use of French terminology;
(f) the use of French in information technologies; and
(g) any other means that the committee considers appropriate.
(a) the employee speaks only French;
(b) the employee does not have a sufficient knowledge of a language other than French;
(c) the employee claims the possibility of expressing themselves in French;
(d) the employee has exercised a right under this Act or made a complaint to the Commissioner;
(e) the business is seeking to deter the employee from exercising such a right or making such a complaint;
(f) the employee has taken part in meetings of, or carried out tasks for, a committee established under paragraph 10(1)(c) or a subcommittee created by such a committee;
(g) the employee has, in good faith, communicated information to the Commissioner in relation to a complaint made under section 18 or participated in an investigation conducted as a result of such a communication; or
(h) the business is seeking to induce the employee to endorse a document prepared by a committee established under paragraph 10(1)(c) or to dissuade the employee from doing so.
(a) assess the actual language needs associated with the work to be performed;
(b) verify that the language knowledge already required of other employees is not sufficient for the performance of that work; and
(c) restrict the number of positions involving work whose performance requires knowledge of a language other than French.
(a) conduct and carry out investigations either as a result of a complaint made to the Commissioner or, in the case of a right or duty under section 7, on the Commissioner’s own initiative; and
(b) report and make recommendations with respect to those investigations in accordance with this Act.
(a) a reference in that Part to a federal institution is to be read as a reference to a federally regulated private business;
(b) a reference in that Part to the deputy head or other administrative head is to be read as a reference to the chief executive officer or the person designated by the chief executive officer;
(c) a reference in subsection 64.5(1) of that Part to Part IV or V is to be read as a reference to section 7; and
(d) a reference in that Part to “this Act” is to be read as a reference to this Act.
(a) a reference in that Part to a federal institution is to be read as a reference to a federally regulated private business;
(b) a reference in that Part to the deputy head or other administrative head is to be read as a reference to the chief executive officer or the person designated by the chief executive officer; and
(c) a reference in that Part to “this Act” is to be read as a reference to this Act.
(a) the day on which the complainant became aware of the act or omission giving rise to the alleged failure to comply, and
(b) the day on which the complainant ought, in the Commissioner’s opinion, to have become aware of that act or omission.
(a) if the Commissioner is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the complainant believed the official had that authority; or
(b) in any other circumstance that is prescribed by regulation of the Governor in Council.
(a) a reference in that Part to a federal institution is to be read as a reference to a federally regulated private business;
(b) a reference in that Part to the deputy head or other administrative head is to be read as a reference to the chief executive officer or the person designated by the chief executive officer; and
(c) a reference in that Part to “this Act” is to be read as a reference to this Act.
(a) the Commissioner will not be able to resolve the complaint within what the Commissioner considers to be a reasonable period; and
(b) the Board is better placed to deal with the complaint, in light of
(i) the nature and complexity of the complaint, or
(ii) the seriousness of the alleged failure to comply.
(a) entered into a compliance agreement under subsection 64.1(1) of the Official Languages Act with the federally regulated private business that is the subject of the complaint; or
(b) made an order with respect to that federally regulated private business under subsection 64.5(1) of that Act.
(a) is to proceed as informally and expeditiously as the circumstances and considerations of fairness permit; and
(b) is not bound by legal or technical rules of evidence.
(a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things that the Board considers necessary, in the same manner and to the same extent as a superior court of record;
(b) to administer oaths;
(c) to receive, and base a decision on, any evidence adduced that the Board believes to be credible;
(d) to compel any person to provide information or produce documents and things that may be relevant to a matter before the Board, after providing the parties with the opportunity to make representations;
(e) subject to any limitations prescribed by regulation of the Governor in Council, to enter any premises of a federally regulated private business that is the subject of a complaint and to inspect and view anything found in the premises that may be relevant to the complaint and require any person to answer any question that may be relevant to the complaint;
(f) to abridge or extend the time for doing any act, filing any document or presenting any evidence;
(g) if the parties agree, to assist the parties in resolving any issues in dispute by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled;
(h) to authorize any person to do anything that the Board may do under paragraphs (a) to (g) and to report to the Board on it;
(i) to adjourn or postpone any proceeding from time to time;
(j) to defer deciding any matter, if the Board considers that the matter could be resolved by an alternate method of resolution;
(k) to amend or permit the amendment of any document filed in connection with the complaint;
(l) to add a party at any stage;
(m) to permit an interested person to intervene at any stage;
(n) to merge complaints that relate to the same situation or subject matter;
(o) to decide any matter that may arise in connection with the complaint;
(p) to take notice of facts that may be judicially noticed;
(q) to take notice of other generally recognized facts and any information that is within the Board’s specialized knowledge, after notifying the parties and any intervenor of its intention to do so and providing them with an opportunity to make representations; and
(r) to review, rescind, amend, alter or vary any order or decision made by the Board and to rehear any matter before making a decision with respect to it.
(a) rules of procedure for proceedings;
(b) the use of means of telecommunication that permit simultaneous communication;
(c) the forms to be used in connection with a complaint;
(d) the time within which and the circumstances under which the Board may exercise its powers under this Act;
(e) the form in which and the period during which evidence may be presented to the Board;
(f) the time within which and the parties or persons to whom notices and other documents must be sent and the circumstances in which the notices or documents are deemed to have been given or received by the Board or any party or person; and
(g) the delegation of the Board’s powers under paragraph 24(h).
(a) the complaint is not within its jurisdiction;
(b) the complaint is frivolous, vexatious or not made in good faith;
(c) there is insufficient evidence to substantiate the complaint;
(d) the complaint has been settled in writing between the complainant and the federally regulated private business;
(e) there are other means available to the complainant to resolve the subject matter of the complaint that the Board considers should be pursued;
(f) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator; or
(g) if the complainant is subject to a collective agreement, the collective agreement covers the subject matter of the complaint and provides a third party dispute resolution process.
(a) permit the complainant to return to the duties of their employment;
(b) reinstate the complainant;
(c) pay to the complainant compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for the failure to comply, have been paid to the complainant;
(d) pay to the complainant compensation not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the complainant by the federally regulated private business; and
(e) do any other thing that the Board considers equitable for the federally regulated private business to do to remedy or counteract any consequence of the failure to comply.
(a) specifying, for the purposes of paragraph (a) of the definition federally regulated private business in section 2(1), a number of employees;
(b) defining “close to retirement”, “conditions that could impede the learning of French”, “consumer”, “employee”, “many years of service”, “treat adversely” and any other term or expression that is used in any of sections 5 to 13 but not defined in section 2;
(c) respecting the notices referred to in subsection 6(2);
(d) respecting the establishment and operation of a committee referred to in paragraph 10(1)(c);
(e) prescribing circumstances for the purposes of paragraph 18(3)(b);
(f) exempting, with or without conditions, federally regulated private businesses from the application of any provision of this Act or its regulations in respect of activities or workplaces that are related to a specified sector of activity; and
(g) exempting, with or without conditions, federally regulated private businesses from the application of any provision of this Act or its regulations for any reason, including reasons related to intellectual property rights, international standards or the conduct of interprovincial or international business.
(a) the volume of communications or services provided by federally regulated private businesses;
(b) the type of services, documents, computer systems or work instruments required by the employees of federally regulated private businesses; and
(c) the mandates of and the nature of the activities carried out by federally regulated private businesses.
(b) defining “close to retirement”, “conditions that could impede the learning of French”, “consumer”, “employee”, “many years of service”, “region with a strong francophone presence”, “treat adversely” and any other term or expression that is used in any of sections 5 to 13 but not defined in section 2;
(a) the number of francophones in a region;
(b) the number of francophones in a region as a proportion of the region’s total population; and
(c) the vitality and specificity of French linguistic minority communities.
R.S., c. L-2
(f) any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under the Use of French in Federally Regulated Private Businesses Act.
68 The Minister of Canadian Heritage may, until the day on which the Use of French in Federally Regulated Private Businesses Act, as enacted by section 54, comes into force, take any measure or carry out any activity in Canada that the Minister considers necessary for the implementation of sections 12 and 13 of that Act.
(a) subsection 16(4) of the Use of French in Federally Regulated Private Businesses Act is replaced by the following:
(4) Section 56, subsections 65(3) and (4), sections 65.1 to 65.95 and subsection 66(3) of the Official Languages Act do not apply in respect of complaints or investigations relating to a right or duty under section 7.
(b) subsection 19(6) of the Use of French in Federally Regulated Private Businesses Act is replaced by the following:
(6) Section 56, subsections 65(3) and (4), sections 65.1 to 65.95 and subsection 66(3) of the Official Languages Act do not apply in respect of the complaint.
(b) the commitment of the Government of Canada to enhance the vitality of English and French linguistic minority communities in Canada and to support and assist their development, taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society, as well as to foster the full recognition and use of both English and French in Canadian society.
71 (1) Section 12 comes into force on the first anniversary of the day on which this Act receives royal assent.
(1.1) Subsections 16(3.1) and (5) come into force on the second anniversary of the day on which this Act receives royal assent.
(2) Section 23 comes into force on a day to be fixed by order of the Governor in Council.
(3) Subsections 36(2) to (4), section 37, subsection 38(2), section 39 and subsections 43(1) and (3) come into force on a day to be fixed by order of the Governor in Council.
(4) The provisions of the Use of French in Federally Regulated Private Businesses Act, as enacted by section 54, and sections 64 to 67 come into force on a day to be fixed by order of the Governor in Council.
(5) Sections 55 to 57.1, subsections 58(1) and 59(1) to (3) and (5) and sections 60 to 63 come into force on the second anniversary of the day fixed under subsection (4).
(6) Subsection 58(2) comes into force on a day to be fixed by order of the Governor in Council.
(7) Subsection 59(4) comes into force on a day to be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
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