EdinburghNLP/nunavut-hansard-plusplus huggingface dataset:
So that will allow time for the Languages Commissioner to get ready and there are now obligations and requirements to develop rules, that sort of thing, and also provide assistance to the private sector.
So that will allow time for the Languages Commissioner to get ready for that. (interpretation) Thank you, Mr. Chairman.
Mr. Curley: Mr. Chairman, my question to the minister is whether he would be prepared to table that information. I know it will be in the Hansard but not many of us always enjoy carrying blue copies.
I think it would be useful, even tomorrow, to table that so we can take it home.
Hon. Louis Tapardjuk (interpretation): Yes, we will submit the documents pertaining to the dates listed in the different provisions of Bill 7 for your perusal.
Committee Motion 021 – 2(4): Bill 7, Amendment Addition after Clause 49 (Tapardjuk)
At this time, I wish to move a motion to amend Bill 7 by adding a new clause.
The purpose of this amendment is to ensure that Bill 7 can stand on its own with all of the legislative tools and powers that we need to protect the Inuit language without delay.
We developed Bill 6 and Bill 7 together, and they were designed to work together for all Nunavummiut.
Unfortunately, section 38 of the Nunavut Act reserves for the Government of Canada a right of final approval for certain aspects of the Official Languages Act.
This means that Bill 6 can only be brought into force after Parliament provides its concurrence.
Some period of delay is inevitable now that a federal election has been announced.
Mr. Chairman, I am so happy and proud to report to you today that Bill 7 is different.
The Nunavut Act gives us complete authority over the preservation, use and promotion of the Inuit language.
We control the contents and timing of Bill 7.
Therefore, I have prepared a detailed motion to make it possible for Bill 7 to be enacted and implemented, even if we do need to wait for federal action before Bill 6 can come into force.
I will be seeking your support for that amendment so that our work to protect and promote the Inuit language can proceed according to our own chosen timing, which I have discussed with the standing committee Ajauqtit.
Mr. Chairman, our purpose in proposing this motion is quite straightforward.
Without this motion, a delay of Bill 6 would also cause delay of Bill 7, the protection of the Inuit language and we know cannot prevent that and it must proceed forward with no further delay.
Mr. Chairman, if my colleagues support this amendment to my motion, we do not have to delay no more.
Mr. Chairman, as members will note, the motion itself is very lengthy.
I would ask for the indulgence of the Committee of the Whole to deem the motion as having been read as presented, and to have the motion entered into the record in its entirety.
The motion that the minister has referred to is in your blue motion binder.
Do members have their copy?
Do members agree that due to the length of the motion that the motion be deemed to have been read and that it be entered into the record in its entirety in the Hansard?
Chairman (interpretation): There is agreement.
That the following be added after clause 49:
AMENDMENT
50. (1) This Act is amended as set out in this section if, on the day on which this Act receives assent, the Official Languages Act, S.Nu. 2008, c. 10, has not received the concurrence of Parliament required by section 38 of the Nunavut Act (Canada).
(2) The definition "Languages Commissioner" in subsection 1(1) is amended by striking out "subsection 16(1) " and substituting" subsection 18(1)".
(3) The following definition is added to subsection 1(1) in alphabetical order:
"Management and Services Board" means the Management and Services Board established by the Legislative Assembly and Executive Council Act; (Bureau de régie et des services)
(4) The definition "public agency" in subsection 1(1) is repealed and the following substituted:
"public agency" means, unless otherwise provided by regulation, a body that is
(a) established by the laws of Nunavut,
(b) subject to the direction of a Minister or the Executive Council, and
(c) identified as a public agency under subsection 1(1) of the Financial Administration Act; (organisme public)
(5) The definition "special Languages Commissioner" in subsection 1(1) is repealed.
(6) The definition "territorial institution" in subsection 1(1) is repealed and the following substituted:
"territorial institution" means
(a) the Government of Nunavut,
(b) a judicial or quasi-judicial body,
(c) the Legislative Assembly, and
(d) a public agency; (institution territoriale)
(7) Paragraph 24(2)(i) is repealed.
(8) Section 25 is repealed and the following substituted:
Implementation duties
25. (1) The Minister shall
(a) promote the efficient and effective implementation of and compliance with this Act by territorial institutions and municipalities;
(b) coordinate the implementation, monitoring, management and evaluation of language obligations, policies, programs and services by departments of the Government of Nunavut and public agencies; and
(c) undertake other implementation duties and functions as required by the Commissioner in Executive Council.
(2) The Minister shall, in consultation with territorial institutions and municipalities,
(a) develop and maintain a comprehensive plan for the implementation of language obligations, policies, programs and services by departments of the Government of Nunavut and public agencies;
(b) address, in separate sections of the plan, all the activities and government resources needed to implement this Act and the Official Languages Act;
(c) include in the section of the plan about this Act, a strategy designed to
(i) identify and coordinate activities and measures to be taken for the purpose of Inuit Language revitalization and promotion, particularly targeting communities and age groups for which there are special concerns about language loss or assimilation, and
(ii) clarify the roles and responsibilities to be discharged to implement the strategy, including those of government, or any private sector bodies, communities or members of the public;
(d) include measures in the plan
(i) to evaluate and ensure that members of the public service who make or issue communications or deliver services to the public in an Official Language have an acceptable level of oral and written proficiency and skill,
(ii) to designate a sufficient number of staff positions in the public service for the discharge of the obligations and duties set out in this Act,
(iii) to monitor and evaluate the performance of departments of the Government of Nunavut and of public agencies under this Act and the Official Languages Act, including the periodic review or audit of their compliance and effectiveness,
(iv) to review the laws of Nunavut and the policies of the Government of Nunavut to ensure their consistency, compliance and effectiveness in implementing and promoting the objectives of this Act and the Official Languages Act, and
(v) to develop over time, using an approach with reasonable medium and long term goals, the terminology, skills and human resources required for the wider use of the Inuit Language and fuller performance of duties in relation to the Inuit Language in contexts relating to the laws and administration of justice in Nunavut;
(e) involve Inuit in the setting of priorities, development and maintenance of the plan, and the monitoring and evaluation of results from the plan, in a manner consistent with Article 32 of the Nunavut Land Claims Agreement; and
(f) involve the English and French language communities and persons or agencies likely to be impacted by the plan during the setting of priorities, development and maintenance of the plan, and the monitoring and evaluation of results from the plan, as it relates to their specific interests.
Minister may direct
(3) The Minister may direct the administrative head of a department of the Government of Nunavut, a public agency or a municipality to
(a) submit an annual or longer-term implementation plan to the Minister; and
(b) provide the information that the Minister considers necessary to exercise the powers or perform the duties under this section.
(4) The Minister may direct that a department of the Government of Nunavut or a public agency shall do all or any of the following:
(a) provide information, submissions or program-specific expertise to the Inuit Uqausinginnik Taiguusiliuqtiit that the Inuit Uqausinginnik Taiguusiliuqtiit has requested or recommended or that the Minister considers to be appropriate to the exercise of the powers and the performance of the duties of the Inuit Uqausinginnik Taiguusiliuqtiit;
(b) collaborate with the Inuit Uqausinginnik Taiguusiliuqtiit for the development of competency assessments tailored for
(i) all or any part of the public service, or
(ii) all or any class or sub-division of teachers or students under the Education Act, Child Day Care Act, Public Colleges Act or other legislation applicable to teachers or students in Nunavut;
(c) use or require participation in a competency assessment, test or survey developed, recommended or administered by the Inuit Uqausinginnik Taiguusiliuqtiit.
Executive Council oversight
(5) The Executive Council shall
(a) approve, reject, vary or refer back to the Minister with directions, the plan developed under subsection (2) or any proposed amendment to the plan; and
(b) receive or require periodic reports from the Minister, or from the administrative head of a department of the Government of Nunavut or a public agency, regarding the performance and implementation of the plan.
Independence affirmed
(6) In exercising the powers and performing the duties under this section, the Minister shall conform to
(a) the rights, immunities, privileges and powers of the Legislative Assembly and its members; and
(b) the independence, privileges and powers of the Nunavut Court of Justice and the Court of Appeal.
Official Languages Promotion Fund
25.1. (1) The Official Languages Promotion Fund is established as a special account in the Consolidated Revenue Fund.
(2) The assets in the fund must be used only to promote the following purposes:
(a) recognizing and advancing the equal status, rights and privileges of the Official Languages;
(b) empowering linguistic and cultural expression in the Official Languages, using all kinds of media;
(c) improving Inuit Language literacy and proficiency and reversing language loss and assimilation;
(d) developing or revitalizing the Inuit Language and supporting its ongoing use as a language of education, work and daily life in Nunavut;
(e) enhancing public, national and international awareness and understanding of this Act, the Official Languages Act and the linguistic and cultural contributions, heritage and aspirations of Nunavummiut;
(f) strengthening the vitality of the Francophone and Inuit language communities and creating a positive environment for their cultural expression and collective life in Nunavut.
(3) The following must be credited to the fund:
(a) money required by court order to be paid into the fund;
(b) fines collected under the Summary Conviction Procedures Act in relation to any offence under section 33 of this Act;
(c) donations, bequests and all other payments directed to the fund;
(d) a working capital advance to the fund, payable by the Minister from moneys appropriated by the legislature for the purpose.
Conditional donations
(4) The Minister may
(a) accept donations, bequests or payments that are subject to conditions if the conditions are, in the opinion of the Minister, appropriate to the purposes of the fund; or
(b) refuse to accept a conditional donation, bequest or payment.
Compliance with conditions
(5) Where the Minister accepts a donation, bequest or payment that is subject to conditions, the Minister is bound to comply with those conditions.
Assignment of authority
(6) The Minister may assign the persons necessary to assist the Minister in the administration of the fund.
(7) Except as authorized under subsection (9), the Minister shall invest money standing to the credit of the fund in accordance with section 57 of the Financial Administration Act.
Interest and income
(8) Interest or income earned by the fund accrues to and becomes part of the fund.
(9) The fund must be disbursed in the manner prescribed.
No deficit
(10) The fund must not incur a deficit balance.
(11) The fiscal year of the fund is same as for the Government of Nunavut.
(12) The Minister shall ensure that the following records are maintained separately for the accounts of the fund for each fiscal year:
(a) complete and accurate financial records of its operations that include the prescribed information;
(b) any other prescribed records or information.
(9) Section 27 is repealed and the following substituted:
Minister's annual report
27. (1) The Minister shall, within 12 months after the end of each fiscal year, prepare and submit to the Speaker of the Legislative Assembly and the Languages Commissioner a report that describes
(a) all the activities, results achieved and use of government resources during the preceding fiscal year in relation to the discharge of obligations under this Act;
(b) the establishment, operation or performance of policies, programs and services in this regard;
(c) the number and nature of the reports and recommendations provided by the Inuit Uqausinginnik Taiguusiliuqtiit pursuant to subsection 17(1), the government response in each case and, if a report or recommendation has not been accepted or implemented, an explanation for the government response; and
(d) the other information that the Minister considers appropriate.
Report to address implementation plan
(2) The comprehensive plan for implementation referred to in paragraph 25(2)(a) must be submitted with the Minister's first annual report, and subsequent annual reports must report and explain subsequent amendments or revisions to and the progress achieved under the implementation plan.
Report to address Official Languages Promotion Fund
(3) The Minister's annual report shall set out an income statement, balance statement and statement of operations of the Official Languages Promotion Fund established by section 25.1.
Tabling report
(4) The Speaker shall cause the annual report to be laid before the Legislative Assembly as soon as is reasonably practicable.
(10) The following is added after subsection 28:
Special Languages Commissioner
28.1. (1) The Commissioner, on the recommendation of the Management and Services Board, may appoint a special Languages Commissioner to act in the place of the Languages Commissioner in respect of a matter or application under this Act if
(a) the Languages Commissioner advises the Management and Services Board that he or she should not act in respect of that particular matter due to a conflict of interest or other reasonable cause; or
(b) the Legislative Assembly directs or prescribes, or the Nunavut Court of Justice orders that a special Languages Commissioner should be appointed.
(2) A special Languages Commissioner holds office during good behaviour until the conclusion of the matter or application in respect of which he or she has been appointed.
Application to special Languages Commissioner
Sections 28 and 28.3 to 40 of this Act apply in the same manner and to the same extent to a special Languages Commissioner exercising the powers and performing the duties of his or her office under this Act, as to the Languages Commissioner.
Immunity from proceedings
28.3. (1) No legal action or proceeding may be brought against the Languages Commissioner, or against a person acting on behalf or under the direction of the Languages Commissioner for anything, in good faith, done, omitted, caused, reported or said in the course of the exercise or purported exercise of a power or the performance or purported performance of a duty of the Languages Commissioner.
Protection respecting libel or slander
(2) For the purposes of an Act or law respecting libel or slander,
(a) anything said, all information supplied and all documents and things produced in the course of an investigation, mediation or other proceeding before the Languages Commissioner are privileged to the same extent as if it were a proceeding in court; and
(b) a report made by the Languages Commissioner and a fair and accurate account of the report in news media, a periodical publication or broadcast are privileged to the same extent as if the report of the Languages Commissioner were the order of a court.
Languages Commissioner's annual report
28.4. (1) The Languages Commissioner shall, within 12 months after the end of each fiscal year, prepare and submit to the Speaker of the Legislative Assembly an annual report of the conduct of the office and the discharge of the duties of the Languages Commissioner under this Act during the preceding year, including
(a) the appointment and activities of an acting or special Languages Commissioner during the preceding fiscal year;
(b) a description of the number and type of applications and requests made under this Act, the status or resolution of the applications or requests that were active during the preceding fiscal year and information about any instances where recommendations made by the Languages Commissioner after an investigation were not followed; and
(c) an assessment of the effectiveness of the enforcement powers exercised and duties performed by the Languages Commissioner, with any recommended changes that the Languages Commissioner considers necessary or desirable to improve compliance with this Act.
Tabling annual report
(2) The Speaker shall cause the annual report to be laid before the Legislative Assembly as soon as is reasonably practicable.
(11) Subsections 31(4) and (5) are repealed.
(12) The following is added after section 33:
Investigation - Territorial Institution
Application concerning territorial institution
33.1. (1) On receipt of an application or request made regarding the administration of a territorial institution, the Languages Commissioner shall investigate in accordance with this section, sections 33.2 to 33.7 and 38 to 42.
Combining investigations
(2) The Languages Commissioner may conduct a single investigation of two or more applications or requests, if he or she is satisfied that it is fair and reasonable in the circumstances to do so.
(3) On commencing an investigation, the Languages Commissioner shall provide a notice of the investigation to the territorial institution whose communications with or services to the public or other conduct are of concern.
Refuse or discontinue investigation
33.2. (1) The Languages Commissioner may refuse to investigate or may discontinue an investigation if, in the opinion of the Languages Commissioner, any of the following situations exist:
(a) the concerns identified primarily affect an individual or individuals other than the applicant or party requesting an investigation, and the directly affected individual or individuals do not wish to proceed;
(b) all or part of the concerns identified in the application or request may be dealt with and remedied, adequately and appropriately, under another Act or using another available procedure;
(c) the application or request is frivolous, vexatious, not made in good faith or concerns a trivial matter;
(d) the applicant or party requesting an investigation has withdrawn or abandoned the application or request;
(e) the concerns identified in the application or request have been resolved.
(2) Before making a determination under subsection (1), the Languages Commissioner shall consider all relevant circumstances, including the possibility that a directly affected individual, an applicant or a party who requested the investigation may be reluctant to proceed or that an application or request may have been withdrawn, abandoned or represented as having been resolved because of an abuse or imbalance of power.
Inform affected persons
(3) If the Languages Commissioner refuses to investigate or discontinues an investigation under subsection (1), the Languages Commissioner shall
(a) inform the applicant or party who requested the investigation and such other affected persons as the Languages Commissioner considers appropriate of that decision at a time and in a manner that the Languages Commissioner considers appropriate; and
(b) provide a written confirmation to the applicant or party who requested the investigation and such other affected persons as the Languages Commissioner considers appropriate
(i) that the Languages Commissioner has refused to investigate or has discontinued an investigation under subsection (1), and
(ii) the date when the information required by paragraph (a) was provided.
Notice and consultation
33.3. (1) If the Languages Commissioner decides to investigate, the Languages Commissioner shall,
(a) before commencing the investigation,
(i) notify the Minister, the administrative head of the territorial institution affected and any other person the Languages Commissioner considers appropriate to notify in the circumstances, and
(ii) consult with the administrative head of the territorial institution affected and with any other person the Languages Commissioner considers appropriate, to attempt to resolve the concerns raised or for any other purpose; and
(b) before making a report or recommendation that may adversely affect a person or territorial institution, consult with that person or territorial institution.
No hearing as of right
(2) The Languages Commissioner is not required to hold a hearing and no person is entitled to be heard by the Languages Commissioner except as provided in this Act.
Investigation powers and procedure
33.4. (1) Except as provided in this section, the Languages Commissioner may, during an investigation, request and obtain information from the persons and in the manner the Languages Commissioner considers appropriate, and may take one or more of the following actions without being bound by the rules of evidence or proceedings in civil cases:
(a) enter and inspect premises occupied by a territorial institution at any reasonable time;
(b) make the inquiries while in those premises that Languages Commissioner considers appropriate, including talking in private with any individual on a voluntary basis;
(c) request and examine information, records and objects, make or require copies or take photographs that the Languages Commissioner considers relevant to the concerns under investigation;
(d) accept or exclude any information or evidence as the Languages Commissioner considers appropriate, whether or not it would be admissible or excluded in a civil case.
Summons and disclosure
(2) Subject to giving reasonable notice, the Languages Commissioner may in the course of an investigation
(a) summon and enforce the appearance of a person as a witness;
(b) administer oaths and affirmations;
(c) compel a person to give evidence on oath or affirmation, including by way of an affidavit, at a time and place the Languages Commissioner specifies; and
(d) compel a person to produce documents and things in the person's possession or control that the Languages Commissioner considers relevant to the concerns under investigation, at a time and place the Languages Commissioner specifies.
Other powers
(3) In exercising the powers under subsections (1) and (2), the Languages Commissioner has the same powers and duties as are vested in a court of law in civil cases.
(4) The exercise of the Languages Commissioner's powers under this section is limited by and shall conform to
(b) the independence, duties, privileges and powers of the Nunavut Court of Justice and the Court of Appeal.
(5) The Languages Commissioner shall establish and adhere to a protocol with the Speaker of the Legislative Assembly on behalf of the Legislative Assembly and its members, and with the Nunavut Court of Justice and the Court of Appeal, regarding the Languages Commissioner's exercise of powers and performance of duties under this section.
Procedure after investigation