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.

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

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

• Start of inserted block

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

  End of inserted block

Government-wide Coordination

Treasury Board

Coordination

Government-wide strategy on official languages

Cooperation

Tabling in Parliament

Accessible to public

Process — implementation of commitment under subsection 41(4)

Définitions et interprétation

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)

employee includes an employee who is an employer representative, a person who performs for an employer activities whose primary purpose is to enable the person to acquire knowledge or experience, a person who has been placed by a help agency, and a contractor whose services are retained; (employé)

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)

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;

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

• Start of inserted block

  (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.

  End of inserted block

Legislative instruments

• (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.

Exceptions

Traités

Federal-provincial-territorial agreements

• (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.

Regulations

Notices, advertisements and other published matters

11 (1) A notice, advertisement or other matter that is required or authorized by or under an Act of Parliament to be published by or under the authority of a federal institution primarily for the information of members of the public shall,

• (a) wherever possible, appear in publications in general circulation within each region where the matter applies, with the English version appearing in at least one publication that is mainly in English and the French version appearing in at least one publication that is mainly in French or those two versions appearing in at least one publication that appears equally in English and French; and

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

Publications in electronic form

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

Appearing in official language of choice

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

Duty to ensure understanding without interpreter

Appointments

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

Equal access to justice in both official languages

16.‍1 The Government of Canada must take into account the importance of equal access to justice in both official languages when appointing judges to superior courts.

Application for appointment

16.‍2 (1) A person who submits an application for appointment as a judge of a superior court shall indicate their skill level in both official languages.

Evaluation

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

Language training

16.‍3 The Office of the Commissioner for Federal Judicial Affairs shall provide the necessary language training to the judges of the superior courts.

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

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

• (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.

Travelling public

23 (1) For greater certainty, in addition to the duty set out in section 22, every federal institution that provides services or makes them available to the travelling public has the duty to ensure that any member of the travelling public can communicate with and obtain those services in either official language from any office or facility of the institution in Canada or elsewhere where there is significant demand for those services in that language.

Presumption

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

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

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

  End of inserted block

For greater certainty

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

Règlements

33 Le gouverneur en conseil peut, par règlement, prendre les mesures d’incitation qu’il estime nécessaires pour favoriser activement les communications avec 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 la prestation par elles de services dans les deux langues officielles, si elles sont tenues de pourvoir ces communications et services dans ces deux langues au titre de la présente partie.

Rights relating to language of work

34  Insertion start (1) Insertion end  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.

Deputy minister, associate deputy minister, etc.

(2) Persons appointed by the Governor in Council to the following positions in federal institutions must, on their appointment, follow the necessary language training to be able to speak and understand clearly both official languages:

• (a) deputy minister, associate deputy minister and positions of equivalent ranks.

  End of inserted block

• (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

• Insertion start (c) Insertion end Insertion start   Insertion end Insertion start ensure that Insertion end , 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

  • Start of inserted block

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

• (d) ensure that any management group that is responsible for the general direction of the institution as a whole has the capacity to function in both official languages.

  End of inserted block

Additional duties

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, 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,

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 into account the purposes and provisions of this Act.

Regulations

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

Advancement of Equality of Status and Use of English and French

Commitment — enhancing vitality of communities and fostering English and French

• (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.

Commitment — protection and promotion of French

Commitment — learning in minority language

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

Duty of federal institutions — positive measures

Positive measures

• (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,

  • Start of inserted block

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

    End of inserted block

  • (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.

Potential to take positive measures and negative impacts

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

• Start of inserted block

  (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

  End of inserted block

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

Dialogue and consultation activities, research and evidence-based findings

Objective of dialogue and consultation activities

Dialogue and consultation activities

• (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.

  End of inserted block

Evaluation and monitoring mechanisms

Publication

Publication not required

Publication not permitted

Regulations

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

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

  End of inserted block

Regulations

For greater certainty

Special mandate of Minister of Canadian Heritage

Insertion start (1.‍1) Insertion end  Paragraphs 43(1)‍(b) to (g) of the Act are replaced by the following:

Consultation and information to public

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, Insertion start including by restoring and increasing their demographic weight Insertion end .

Contents

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

• (a) objectives, targets and indicators;

• Start of inserted block

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

  End of inserted block

• (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

• Start of inserted block

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

  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 and territorial governments to ensure, to the greatest practical extent but subject to Part IV, that the provision of federal, provincial, territorial, municipal and education services in both official languages is coordinated and that regard is had to the needs of the recipients of those services.

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.

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

Duties of Treasury Board

• (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) Insertion start and paragraph 41(7)‍(a.‍1) Insertion end ;

• (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) Insertion start and paragraph 41(7)‍(a.‍1) Insertion end .

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 3 Insertion end )‍(c).

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 the exercise of the Treasury Board’s powers and the performance of its duties and functions conferred under this Act and the status of programs relating to the official languages of Canada in the various federal institutions in respect of which it has responsibility under section 46.

Staff

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

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, policies or directives made under this Act, and any other regulations, policies or directives that affect or may affect the status or use of the official languages, and may refer to and comment on any findings on the review in a report made to Parliament under section 66 or 67.

Investigations, Compliance Agreements and Orders

Who may make complaint

• (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.

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 employee of the office of the Commissioner appointed under section 51 and that employee shall, subject to any restrictions or limitations that the Commissioner may specify, have all the powers and duties of the Commissioner under this Act in relation to the receiving or obtaining of that information.

Alternative dispute resolution

Report — threats, intimidation, discrimination or obstruction

• 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

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).

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.

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.

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.

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).

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, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or Insertion start violated Insertion end a right — under Part IV or V and has made recommendations under subsection 63(3) in respect of that contravention Insertion start or violation Insertion end , or in respect of an identical contravention of that Insertion start duty or violation of that right Insertion end 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 Insertion start or violation Insertion end .

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).

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).

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;

Commissioner’s order

64.‍5 (1) If, after carrying out an investigation of a complaint, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or violated a right — under Part IV or V or subsection 41(7) or (10) and has made recommendations under subsection 63(3) in respect of that contravention or violation, or in respect of an identical contravention of that duty or violation of that right by the institution, the Commissioner may make an order directing that institution to take any action that the Commissioner considers appropriate to rectify the contravention or violation.

Limitation

(2.‍1) Despite subsection (1), the Commissioner is not permitted to make an order under that subsection in respect of a contravention of a duty under subsection 41(7) or (10) requiring the federal institution to take a positive measure under subsection 41(5) or to include in any agreement referred to in paragraph 41(7)‍(a.‍1) provisions establishing the parties’ duties under the agreement respecting the official languages.

Administrative Monetary Penalties

Definitions

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

• (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.

Purpose of penalty

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.

Maximum penalty

Criteria — range of penalties

• (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.

Violations

Notice of violation

Limitation — compliance agreement

Limitation — previous notice of violation

Contents

• (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.

Limitation or prescription period

Certification by Commissioner

Payment of penalty

Failure to act

Review by Federal Court

De novo review

Review with respect to facts

• (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.

Review with respect to penalty

• (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.

Review with respect to facts and penalty

• (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.

Debt to Her Majesty

• (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.

Limitation or prescription period

Proceeds payable to Receiver General

Certificate of default

Effect of registration

Evidence

Certain defences not available

• (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.

Common law principles

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 Insertion start or violation Insertion end 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.

Part of report — administrative monetary penalties

• (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.

Time limit

•  

  Start of inserted block

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

Application six months after complaint

(3) Where a complaint is made to the Commissioner under this Act but the complainant is not informed of the results of the investigation of the complaint under subsection 64(1), of the actions taken to implement the recommendations that the Commissioner made under subsection 63(3), of the recommendations of the Commissioner under subsection 64(2) or of a decision under subsection 58(5) within six months after the complaint is made, the complainant may make an application under subsection (1) at any time thereafter.‍

Conflict — compliance agreement

Conflict — Commissioner’s order

Exception

• (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.

Capacity to intervene

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.

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.

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 afférents à tout recours exercé devant le tribunal sous le régime de la présente loi sont laissés à l’appréciation du tribunal et suivent, sauf ordonnance contraire de celui-ci, le sort du principal.

Costs

Costs

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 other than English or French, including any Indigenous language.

Maintenance of linguistic heritage

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

Consultations

84 If the Governor in Council proposes to make a regulation under a provision of this Act, the minister of the Crown who is responsible for the provision shall, at a time and in a manner appropriate to the circumstances, seek the views of members of the English and French linguistic minority communities and, if appropriate, members of the public generally on the proposed regulation.

Tabling of draft of proposed regulation

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

Publication of proposed regulation

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

Calculation of 30-day period

Définition de jour de séance

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

Review by parliamentary committee

88 The administration of this Act, any regulations, policies and directives made under this Act and the reports of the Commissioner, the President of the Treasury Board and the Minister of Canadian Heritage made under this Act shall be reviewed on a permanent basis by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

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 the regulations.

Staffing generally

91 Nothing in this Act authorizes the application of official language requirements to a particular staffing action unless those requirements are objectively required to perform the functions for which the staffing action is undertaken.

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, Insertion start in consultation with the President of the Treasury Board Insertion end , undertake a review of the provisions and operation of this Act.

Comprehensive analysis

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

Indicators

(1.‍2) The comprehensive analysis undertaken under subsection (1.‍1) may include any relevant

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

• (b) qualitative indicators; and

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

  End of inserted block

Report

(2)  Insertion start The Insertion end Minister Insertion start of Canadian Heritage Insertion end 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.

Persons appointed remain in office

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

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

Duty — offer to fill a position

Rights of trade unions

9.‍2 (1) A trade union that represents 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 has the right to receive communications and documents from the federally regulated private business in French.

Fostering use of French

Generalizing use of French

(1.‍1) A committee established under paragraph (1)‍(c) by a federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must develop programs intended to generalize the use of French at all levels of the business in those workplaces, through the following:

Adverse treatment

Acquired rights in region with strong francophone presence

Language other than French

Language other than French — minimum conditions

(4) For the purposes of subsection (3), a federally regulated private business that has workplaces in Quebec, before requiring knowledge of a language other than French of an employee who occupies or is assigned to one of those workplaces, must, in order to demonstrate that a knowledge of that language is objectively required by reason of the nature of the work to be performed by the employee, at a minimum,

Language other than French — minimum conditions

(4) For the purposes of subsection (3), in order to demonstrate that a knowledge of a language other than French is objectively required by reason of the nature of the work to be performed by the employee, a federally regulated private business must, before requiring such knowledge, at a minimum,

Prevention of adverse treatment

(6) A federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must take all reasonable measures to prevent, in the work environment, the adverse treatment of an employee referred to in subsection (1) for any of the reasons referred to in that subsection or of an employee referred to in subsection (2) for the reason referred to in that subsection.

Cessation of adverse treatment

(7) If a federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence is made aware of the adverse treatment, in the work environment, of an employee referred to in subsection (1) for any of the reasons referred to in that subsection or of an employee referred to in subsection (2) for the reason referred to in that subsection, it must take all reasonable measures to make the adverse treatment cease.

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

Factors for defining “region with a strong francophone presence”

• (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.

• (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.

Exception

(3) The members of the Board appointed under paragraph 9(2)‍(e) or (f) 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 under paragraph 9(2)‍(e) or (f), 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 or the Use of French in Federally Regulated Private Businesses Act.

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