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,

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.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

• (b) support the development of English and French linguistic minority communities Insertion start in order to protect them Insertion end ;

• Insertion start (b.‍1) Insertion end  advance the equality of status and use of the English and French languages within Canadian society, Insertion start taking into account that French is in a minority situation in Canada and North America due to the predominant use of English Insertion end ; and

Government-wide Coordination

Minister of Canadian Heritage

2.‍1 (1) The Minister of Canadian Heritage is responsible for exercising leadership within the Government of Canada in relation to the implementation of this Act.

Coordination

(2) That Minister shall, in consultation with the other ministers of the Crown, promote and encourage coordination in the implementation of this Act, including the implementation of the commitments set out in subsections 41(1) to (3).

Government-wide strategy on official languages

2.‍2 (1) The Minister of Canadian Heritage shall, in cooperation with the other ministers of the Crown, develop and maintain a government-wide strategy that sets out the overall official languages priorities.

Tabling in Parliament

(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.

Accessible to public

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

Process — implementation of commitment under subsection 41(4)

2.‍3 The Minister of Canadian Heritage shall establish a process for the Government of Canada to implement its commitment under subsection 41(4).

Définitions Insertion start et interprétation Insertion end

commissaire Le commissaire aux langues officielles Insertion start du Canada Insertion end 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)

  End of inserted block

Language rights

3.‍1 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; and

• (c) the norm for the interpretation of language rights is substantive equality.

  End of inserted block

Legislative instruments

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

• (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 Insertion start under Insertion end an Act of Parliament to be published in the Canada Gazette; or

• (c) is of a public and general nature.

Exceptions

(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

Traités

10 (1) Le gouvernement fédéral prend toutes les mesures Insertion start possibles Insertion end pour veiller à ce que les traités et conventions intervenus entre le Canada et tout autre État soient authentifiés dans les deux langues officielles.

Federal-provincial-territorial agreements

(2) The Government of Canada has the duty to ensure that the following classes of agreements between Canada and one or more provinces Insertion start or territories Insertion end are made in both official languages and that both versions are equally authoritative:

• (b) agreements entered into with one or more provinces Insertion start or territories if Insertion end English and French are declared to be the official languages of any of those provinces Insertion start or territories Insertion end or Insertion start if Insertion end any of Insertion start them Insertion end requests that the agreement be made in English and French; and

• (c) agreements entered into with two or more provinces Insertion start or territories if their Insertion end governments do not use the same official language.

Regulations

(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 Insertion start or territories Insertion end

Notices, advertisements and other published matters

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

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

Publications in electronic form

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

Duty to ensure understanding without interpreter

16 (1) Every federal court has the duty to ensure that

• Start of inserted block

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

  End of inserted block

Decisions, orders and judgments available in both official languages at different times

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

• (a)  Insertion start it is a Insertion end final decision, order or judgment Insertion start that Insertion end is not required Insertion start under Insertion end 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 Insertion start under Insertion end paragraph (1)‍(a) Insertion start or (a.‍1) Insertion end but the court is of the opinion that to make the decision, order or judgment, including any reasons given Insertion start for it Insertion end , 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.

Règlements

33 Le gouverneur en conseil peut, par règlement, prendre les mesures d’incitation qu’il estime nécessaires pour Insertion start favoriser activement Insertion end les communications Insertion start avec Insertion end les institutions fédérales — autres que le Sénat, la Chambre des communes, la bibliothèque du Parlement, le bureau du conseiller sénatorial en éthique, le bureau du commissaire aux conflits d’intérêts et à l’éthique, le Service de protection parlementaire ou le bureau du directeur parlementaire du budget — et Insertion start la prestation par elles de Insertion end services dans les deux langues officielles, Insertion start si elles Insertion end sont tenues de pourvoir Insertion start ces communications et services Insertion end dans ces deux langues au titre de la présente partie.

Rights relating to language of work

34 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.

• (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 Insertion start documentation or other Insertion end work instruments produced by or on behalf of that or any other federal institution;

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

• (i)  Insertion start if Insertion end it is appropriate or necessary in order to create a work environment that is conducive to the effective use of both official languages, Insertion start managers and Insertion end supervisors are able to communicate in both official languages with employees of the institution in carrying out their Insertion start managerial or Insertion end supervisory Insertion start responsibilities Insertion end , and

Additional duties

(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), Insertion start the Insertion end measures Insertion start that Insertion end 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.

Special duties

37 Every federal institution that has authority to direct, or provides services to, other federal institutions has the duty to ensure that it exercises its powers and carries out its duties in relation to those other institutions in a manner that accommodates the use of either official language by employees of those institutions. 

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

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

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

• (iii) any supervisory or Insertion start managerial responsibilities Insertion end 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,

Employment opportunities

(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 Insertion start into Insertion end account the purposes and provisions of Insertion start this Act Insertion end .

Regulations

40 The Governor in Council may make regulations Insertion start for Insertion end the purposes of this Part.

Commitment — enhancing vitality of communities and fostering English and French

41 (1) The Government of Canada is committed to

• (a) enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development, Insertion start taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society Insertion end ; and

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

Commitment — protection and promotion of French

(2) The Government of Canada, recognizing 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.

Commitment — learning in minority language

(3) The Government of Canada is committed to advancing 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.

Commitment — section 23 of the Canadian Charter of Rights and Freedoms

(4) The Government of Canada is committed to contributing periodically to an estimate of 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.

Duty of federal institutions — positive measures

( Insertion start 5 Insertion end ) Every federal institution has the duty to ensure that Insertion start the Insertion end positive measures Insertion start that it considers appropriate Insertion end are taken for the implementation of the commitments under Insertion start subsections Insertion end (1) Insertion start to (3) Insertion end .

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,

  • (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.

    End of inserted block

Potential to take positive measures and negative impacts

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

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

• (b) take into account the direct negative impacts that its structuring decisions may have on the commitments under subsections (1) to (3) in order to consider the possibilities for mitigating those negative impacts.

  End of inserted block

Dialogue and consultation activities, research and evidence-based findings

(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.

Objective of dialogue and consultation activities

(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.

Evaluation and monitoring mechanisms

(10) Every federal institution shall establish evaluation and monitoring mechanisms in relation to the positive measures taken under subsection (5).

Regulations

( Insertion start 11 Insertion end ) The Governor in Council may, Insertion start on the recommendation of the Treasury Board made after consultation with the Minister of Canadian Heritage Insertion end , 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.

For greater certainty

(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.

Commitment — bilingualism and promoting French abroad

42 (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.

Implementation

(2) The Minister of Foreign Affairs shall take such measures as that Minister considers appropriate for the implementation of the commitment under subsection (1).

Recognition — Canadian Broadcasting Corporation

42.‍1 The Government of Canada recognizes that the Canadian Broadcasting Corporation, in carrying out its purposes under the Broadcasting Act in accordance with the licences issued to it under that Act by the Canadian Radio-television and Telecommunications Commission and subject to any applicable regulations of that 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.

• Start of inserted block

  (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;

  End of inserted block

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

• (f)  Insertion start induce Insertion end the business community, labour organizations, Insertion start non-profit Insertion end organizations and other organizations or institutions to provide services in both English and French and to foster the recognition and use of those languages;

• Start of inserted block

  (g) implement programs in support of official languages; and

  End of inserted block

Consultation and information to public

(2) The Minister of Canadian Heritage shall take such measures as that Minister considers appropriate to ensure public consultation in the development of policies and review of programs relating to the advancement and the equality of status and use of English and French in Canadian society Insertion start and shall provide information to the public relating to those policies and programs Insertion end .

Policy on francophone immigration

44.‍1 (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.

Contents

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

• (a) objectives, targets and indicators; and

• (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.

  End of inserted block

Consultation and negotiation — provinces and territories

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

Cooperation — provinces and territories

45.‍1 (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.

  End of inserted block

For greater certainty

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

Responsibilities of Treasury Board

46 (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI Insertion start and subsection 41(5) Insertion end 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.

• (c) delegate any of its powers Insertion start and duties Insertion end under this section Insertion start in respect of another federal institution Insertion end to the deputy Insertion start head Insertion end or other administrative Insertion start head Insertion end of Insertion start that institution Insertion end .

For greater certainty

(3) For greater certainty, the deputy head or other administrative head of a federal institution that is delegated powers or duties under paragraph (2)‍(c) may exercise those powers and perform those duties only in respect of that institution.

Duties of Treasury Board

(4) 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);

• (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).

  End of inserted block

Audit reports to Commissioner

47 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 Insertion start (4)‍(c) Insertion end .

Annual report to Parliament

48 The President of the Treasury Board shall, within such time as is reasonably practicable after the termination of each financial year, submit an annual report to Parliament on Insertion start the exercise of the Treasury Board’s powers and the performance of its duties and functions conferred under this Act and Insertion end 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.

Staff

51  Insertion start The Insertion end employees Insertion start that Insertion end are necessary for the proper conduct of the work of the office of the Commissioner shall be appointed in the manner authorized by law.

Public Service Superannuation Act

53 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.

Review of regulations, policies and directives

57 The Commissioner may initiate a review of any regulations, Insertion start policies Insertion end or directives made under this Act, and any other regulations, Insertion start policies Insertion end 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 Insertion start under Insertion end section 66 or 67.

Investigations, Insertion start Compliance Agreements and Orders Insertion end

Who may make complaint

(2) A complaint may be made to the Commissioner by any person or group of persons, Insertion start regardless of Insertion end the official language Insertion start that Insertion end they speak.

• Start of inserted block

  (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.

  End of inserted block

Receiving and obtaining information

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

Alternative dispute resolution

(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.

Report — threats, intimidation, discrimination or obstruction

(2) The Commissioner may Insertion start provide a Insertion end report Insertion start with reasons Insertion end to the President of the Treasury Board and the deputy head or other administrative head of any Insertion start federal Insertion end institution concerned Insertion start if Insertion end the Commissioner believes on reasonable grounds that

• b) que son action, ou celle d’une personne agissant en son nom Insertion start ou sous son autorité Insertion end dans l’exercice des attributions du commissaire, a été entravée.

• (b) any Act or regulations, or any Insertion start policy or Insertion end 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

Publication

63.‍1 (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).

  End of inserted block

Identifying information

(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.

Notice

(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.

Compliance agreement

64.‍1 (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.

Other party

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

Terms

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

Effect of compliance agreement — Commissioner

64.‍2 (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.

  End of inserted block

Effect of compliance agreement — complainant

(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.

  End of inserted block

Compliance agreement complied with

64.‍3 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.

  End of inserted block

Compliance agreement not complied with

64.‍4 (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).

  End of inserted block

Parties to proceedings

(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.

Complainant

(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).

Time for application

(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.

Commissioner’s order

64.‍5 (1) If, after carrying out an investigation of a complaint in respect of a right or duty under Part IV or V, the Commissioner has reasonable grounds to believe that a federal institution has contravened that Part and has made recommendations under subsection 63(3) in respect of that contravention, or in respect of an identical contravention of that Part 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.

Limitation

(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.

Preconditions to order

(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).

    End of inserted block

Condition

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

Notice of order

(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).

  End of inserted block

Effect

(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.

Deemed date of receipt

(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.

Filing of order

64.‍6 (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.

Effect of filing

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

• (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;

Administrative Monetary Penalties

Definitions

65.‍1 The 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)

Application

65.‍2 Sections 65.‍3 to 65.‍95 apply to a Crown corporation — or corporation that is subject to this Act under another Act of Parliament — that

• (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.

  End of inserted block

Purpose of penalty

65.‍3 The purpose of a penalty is to promote compliance with Part IV and not to punish.

Regulations

65.‍4 (1) The Governor in Council may, on the recommendation of the Minister of Canadian Heritage, make regulations

• (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.

  End of inserted block

Maximum penalty

(2) 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.

Criteria — range of penalties

(3) 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:

• (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.

  End of inserted block

Violations

65.‍5 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).

Notice of violation

65.‍6 (1) 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.

Limitation — compliance agreement

(2) 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.

Limitation — previous notice of violation

(3) 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.

Contents

(4) The notice of violation shall

• (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.

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Limitation or prescription period

(5) 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.

Certification by Commissioner

(6) 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.

Payment of penalty

65.‍7 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.

Failure to act

65.‍8 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.

Review by Federal Court

65.‍9 (1) 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.

De novo review

(2) For greater certainty, an application under subsection (1) is to be heard and determined as a new proceeding.

Review with respect to facts

65.‍91 (1) 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),

• (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.

  End of inserted block

Review with respect to penalty

(2) 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),

• (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.

  End of inserted block

Review with respect to facts and penalty

(3) 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,

• (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.

  End of inserted block

Debt to Her Majesty

65.‍92 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

• (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.

  End of inserted block

Limitation or prescription period

(2) 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.

Proceeds payable to Receiver General

(3) A debt referred to in subsection (1) that is paid or recovered is payable to and shall be remitted to the Receiver General.

Certificate of default

65.‍93 (1) The Commissioner may issue a certificate for the unpaid amount of any debt referred to in subsection 65.‍92(1).

Effect of registration

(2) 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.

Evidence

65.‍94 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.

Certain defences not available

65.‍95 (1) A designated body named in a notice of violation does not have a defence by reason that it

• (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.

  End of inserted block

Common law principles

(2) 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.

Part of report

(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 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.

  End of inserted block

Part of report — administrative monetary penalties

(3) The Commissioner shall include, as part of the report, in respect of each designated body concerned,

• (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.

  End of inserted block

• (b) the powers, duties or functions set out in sections 63, Insertion start 63.‍1, 64.‍1 Insertion end to 69 and 78.

Time limit

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

Conflict — compliance agreement

(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.

Conflict — Commissioner’s order

(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.

Exception

(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.

  End of inserted block

Capacity to intervene

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

Review by Court — complainant

78.‍1 (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.

Review by Court — federal institution

(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.

Respondents

(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.

Deemed date of receipt

(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.

Order stayed

78.‍2 (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.

Cancellation or suspension of stay by Court

(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.

Part of order operative

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

Party to review — federal institution

78.‍3 (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.

Party to review — complainant

(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.

Scope of proceeding

(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).

Appearance by Commissioner

78.‍4 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.

  End of inserted block

Service of originating document

78.‍5 (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).

Service or notice

(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.

De novo review

78.‍6 For greater certainty, an application under section 78.‍1 is to be heard and determined as a new proceeding.

Order of Court

78.‍7 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.

  End of inserted block

Incompatible provisions

78.‍8 (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.

Specification of rescinded provisions

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

Frais et dépens

81 (1) Les frais et dépens Insertion start afférents à tout recours exercé devant le tribunal sous le régime de la présente loi Insertion end sont laissés à l’appréciation du tribunal et suivent, sauf ordonnance contraire de celui-ci, le sort du principal.

Costs

(2)  Insertion start If Insertion end the Court is of the opinion that an application under section 77 Insertion start or 78.‍1 Insertion end 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.

Costs

(2) 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.

Rights relating to other languages

83 (1) Nothing in this Act abrogates or derogates from any legal or customary right acquired or enjoyed either before or after the coming into force of this Act with respect to any language Insertion start other than Insertion end English or French, Insertion start including any Indigenous language Insertion end .

Maintenance of linguistic heritage

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

Consultations

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

Tabling of draft of proposed regulation

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

Publication of proposed regulation

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

Calculation of 30-day period

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

Définition de jour de séance

(5) Pour l’application du présent article, jour de séance s’entend, à l’égard Insertion start d’une chambre Insertion end du Parlement, de tout jour où Insertion start elle Insertion end siège.

Review by parliamentary committee

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

Section 126 of Criminal Code

89 Section 126 of the Criminal Code does not apply to or in respect of any contravention of any provision of this Act or Insertion start the regulations Insertion end .

Staffing generally

91 Nothing in Insertion start this Act Insertion end 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.

Review

93.‍1 (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 undertake a review of the provisions and operation of this Act.

Report

(2) That Minister 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.

Funding — test cases

7.‍1 To promote a greater understanding of human rights, fundamental freedoms and related values, the Minister may take measures to 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 human rights.

Purpose

4 The purpose of this Act is to foster and protect the use of French in federally regulated private businesses in Quebec and regions with a strong francophone presence.

Communications and services in French

7 (1) Consumers in Quebec or a region with a strong francophone presence have the right to communicate in French with and obtain available services in French from a federally regulated private business that carries on business in Quebec or the region.

Language rights at work

9 (1) Employees of a federally regulated private business who occupy or are assigned to positions in a workplace in Quebec or a region with a strong francophone presence have the right to

Fostering use of French

10 (1) A federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must take measures to foster the use of French in those workplaces. Those measures must include

Adverse treatment

11 (1) A federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must not treat adversely an employee who occupies or is assigned to a position in one of those workplaces for the sole reason that the employee does not have a sufficient knowledge of a language other than French or that the employee has exercised a right under this Act or made a complaint to the Commissioner.

Acquired rights in region with strong francophone presence

(2.‍1) A federally regulated private business that has workplaces in a region with a strong francophone presence must not treat adversely an employee who occupies or is assigned to a position in one of those workplaces on or before the day on which this subsection comes into force for the sole reason that the employee does not have a sufficient knowledge of French.

Part IX of Official Languages Act

16 (1) Subject to this section and subsections 41(1) and (3) and 41.‍1(1) and (3), Part IX of the Official Languages Act applies in respect of rights and duties under sec­tion 7.

Part IX of Official Languages Act

19 (1) Subject to this section, sections 18 and 21 and subsections 26(2), 41(2) and (4) and 41.‍1(2) and (4), Part IX of the Official Languages Act applies with respect to a complaint made under subsection 18(1) as if the federally regulated private business that is the subject of the complaint were a federal institution.

• (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;

Different numbers

(2) A regulation made under paragraph (1)‍(a) may specify a different number of employees for federally regulated private businesses that have workplaces in Quebec, for those that have workplaces in a region with a strong francophone presence and for those that do not have workplaces in Quebec or a region with a strong francophone presence but carry on business in Quebec or such a region.

Factors for defining “region with a strong francophone presence”

(2.‍1) In making a regulation that defines “region with a strong francophone presence” under paragraph (1)‍(b), the Governor in Council may take into account any factors that the Governor in Council considers appropriate, including

• (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.

Compliance agreements — regions with a strong francophone presence (communications and services)

41.‍1 (1) The Commissioner is not permitted to exercise, before the day that may be fixed by order of the Governor in Council, the powers under subsection 64.‍1(1) of the Official Languages Act in respect of a complaint made by a consumer in a region with a strong francophone presence in respect of a right or duty under section 7.

Compliance agreements — regions with a strong francophone presence (language of work)

(2) The Commissioner is not permitted to exercise, before the day that may be fixed by order of the Governor in Council, the powers under subsection 64.‍1(1) of the Official Languages Act in respect of a complaint made by an employee who occupies or is assigned to a position in a workplace in a region with a strong francophone presence in respect of a right or duty under any of sections 9 to 11.

Orders — regions with a strong francophone presence (communications and services)

(3) The Commissioner is not permitted to exercise, before the day that may be fixed by order of the Governor in Council, the powers under subsection 64.‍5(1) of the Official Languages Act in respect of a complaint made by a consumer in a region with a strong francophone presence in respect of a right or duty under section 7.

Orders — regions with a strong francophone presence (language of work)

(4) The Commissioner is not permitted to exercise, before the day that may be fixed by order of the Governor in Council, the powers under subsection 64.‍5(1) of the Official Languages Act in respect of a complaint made by an employee who occupies or is assigned to a position in a workplace in a region with a strong francophone presence in respect of a right or duty under any of sections 9 to 11.

• Start of inserted block

  (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.

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Exception

(3) The members of the Board appointed Insertion start under Insertion end paragraph 9(2)‍(e) Insertion start or (f) Insertion end are to be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for terms not exceeding three years each, subject to removal by the Governor in Council at any time for cause.

Members appointed under paragraph 9(2)‍(f)

(3.‍1) The members of the Board appointed under paragraph 9(2)‍(f) must have experience and expertise in official language rights.

Part-time occupation

(2) A part-time Vice-Chairperson, or a member appointed Insertion start under Insertion end paragraph 9(2)‍(e) Insertion start or (f) Insertion end , must not hold any other employment or office in respect of which they receive any remuneration and that is inconsistent with their duties under this Act Insertion start or the Use of French in Federally Regulated Private Businesses Act Insertion end .

Members — paragraph 9(2)‍(f)

(5) For greater certainty, members appointed under paragraph 9(2)‍(f) are not permitted to vote on the making of regulations under section 15.

• (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.

Recognition — Canadian Broadcasting Corporation

42.‍1 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.