GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Indigenous Languages Act — I-7.85 5
Purposes 5 The purposes of this Act are to (a) support and promote the use of Indigenous languages, including Indigenous sign languages; (b) support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages, including their efforts to (i) assess the status of distinct Indigenous languages, (ii) plan initiatives and activities for restoring and maintaining fluency in Indigenous languages, (iii) create technological tools, educational materials and permanent records of Indigenous languages, including audio and video recordings of fluent speakers of the languages and written materials such as dictionaries, lexicons and grammars of the languages, for the purposes of, among other things, the maintenance and transmission of the languages, (iv) support Indigenous language learning and cultural activities — including language nest, mentorship and immersion programs — to increase the number of new speakers of Indigenous languages, (v) support entities specialized in Indigenous languages, and (vi) undertake research or studies in respect of Indigenous languages; (c) establish a framework to facilitate the effective exercise of the rights of Indigenous peoples that relate to Indigenous languages, including by way of agreements or arrangements referred to in sections 8 and 9 ; (d) establish measures to facilitate the provision of adequate, sustainable and long-term funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages; (e) facilitate cooperation with provincial and territorial governments, Indigenous governments and other Indigenous governing bodies, Indigenous organizations and other entities in a manner consistent with the rights of Indigenous peoples and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories; (e.1) facilitate meaningful opportunities for Indigenous governments and other Indigenous governing bodies and Indigenous organizations to collaborate in policy development related to the implementation of this Act; (f) respond to the Truth and Reconciliation Commission of Canada’s Calls to Action numbers 13 to 15; and (g) contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to Indigenous languages.
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Recognition by Government of Canada 6 The Government of Canada recognizes that the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 include rights related to Indigenous languages.
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Consultations — adequate, sustainable and long-term funding 7 The Minister must consult with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations in order to meet the objective of providing adequate, sustainable and long-term funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages.
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Cooperation to support Indigenous languages 8 The Minister may cooperate with provincial or territorial governments, Indigenous governments or other Indigenous governing bodies, Indigenous organizations or other entities — including by entering into agreements or arrangements with them for purposes such as providing Indigenous language programs and services in relation to education, health and the administration of justice — to coordinate efforts to efficiently and effectively support Indigenous languages in Canada in a manner consistent with the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories.
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Agreements or arrangements — purposes of Act 9 Taking into account the unique circumstances and needs of Indigenous groups, communities and peoples and the research or studies referred to in section 24 and in a manner consistent with the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories, the Minister and an appropriate Minister may enter into an agreement or arrangement to further the purposes of this Act with a provincial or territorial government, an Indigenous government or other Indigenous governing body or an Indigenous organization.
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Other agreements 10 For greater certainty, sections 8 and 9 , and any agreement referred to in those sections, are not to be construed as preventing (a) any person or entity from relying on a provision relating to the reclamation, revitalization, maintenance or strengthening of an Indigenous language that is contained in a treaty — including a land claims agreement — or a self-government agreement; or (b) an Indigenous government or other Indigenous governing body from entering into, with the Government of Canada or the government of a province or territory, a treaty — including a land claims agreement — or a self-government agreement that provides, among other things, for the reclamation, revitalization, maintenance or strengthening of an Indigenous language.
Indigenous Languages Act — I-7.85 10.1
Access to services in Indigenous languages 10.1 A federal institution or its agent or mandatary may, in accordance with the regulations, provide access to services in an Indigenous language, if the institution or its agent or mandatary has the capacity to do so and there is sufficient demand for access to those services in that language.
Indigenous Languages Act — I-7.85 10.2
Agreements and arrangements 10.2 (1) An agreement or arrangement may be entered into under section 8 or 9 for the purpose of allowing a federal institution or its agent or mandatary to provide access to services in an Indigenous language. Inconsistency or conflict (2) In the event of any inconsistency or conflict between an agreement or arrangement referred to in subsection (1) and the regulations made under paragraph 45(1)(a.2), the agreement or arrangement prevails to the extent of the inconsistency or conflict.
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Translation and interpretation 11 A federal institution may cause (a) any document under its control to be translated into an Indigenous language; or (b) interpretation services to be provided to facilitate the use of an Indigenous language in the course of the federal institution’s activities.
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Office established 12 (1) There is established an office, to be known as the Office of the Commissioner of Indigenous Languages, consisting of the Commissioner and up to three directors. Status (2) The Office is neither an agent of Her Majesty in right of Canada nor is it an entity governed by the Financial Administration Act , and its Commissioner, directors and employees are not part of the federal public administration.
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Appointment of Commissioner 13 On the recommendation of the Minister made after the Minister has consulted with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations, the Governor in Council is to appoint a Commissioner of Indigenous Languages to hold office during good behaviour for a term not exceeding five years, subject to removal by the Governor in Council at any time for cause.
Indigenous Languages Act — I-7.85 13.1
Advisory committee 13.1 The Minister may establish a committee to provide the Minister with advice on the appointment of the Commissioner.
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Chief executive officer 14 The Commissioner is the chief executive officer of the Office and has the control and management of the Office and all matters connected with it.
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Commissioner absent or unable to act 15 If the Commissioner is absent or unable to act or if the office of Commissioner is vacant, the Minister may designate a director to act as Commissioner, but that director may act as Commissioner for a period of more than 90 days only with the approval of the Governor in Council given on the recommendation of the Minister made after the Minister has consulted with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations.
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Appointment of directors 16 (1) On the recommendation of the Minister made after the Minister has consulted with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations, the Governor in Council is to appoint up to three directors to hold office during pleasure for a term not exceeding five years. Interests of First Nations, Inuit and Métis (2) Before making recommendations under subsection (1), the Minister must seek comments in order to ensure that the Governor in Council appoints persons who have the ability to represent the interests of First Nations, the Inuit and the Métis.
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Reappointment 17 The Commissioner and directors may be reappointed for a second or subsequent term of office.
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Status 18 The Commissioner and directors are to be appointed to hold office on a full-time basis.
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Remuneration 19 (1) The Commissioner and directors are to be paid the remuneration determined by the Governor in Council. Expenses (2) The Commissioner is to be reimbursed for reasonable travel and other expenses incurred in performing duties while absent from the Commissioner’s ordinary place of work. The directors are to be reimbursed for such expenses incurred in performing duties while absent from their ordinary place of residence.
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Employees 20 The Office may hire any employees that are necessary to carry out the activities of the Office and determine the duties of those persons and the conditions of their employment, including their remuneration and benefits.
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Conflict of interest 21 The Commissioner, directors and employees of the Office must not accept or hold an office or employment that is inconsistent with their duties or take part in any matter that involves the Office and in which they have an interest.
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Head office 22 The Office’s head office is to be in the National Capital Region, as described in the schedule to the National Capital Act , or at any other place in Canada that may be designated by order of the Governor in Council.
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Mandate 23 (1) The mandate of the Office is to (a) help promote Indigenous languages; (b) support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages; (c) facilitate the resolution of disputes and review complaints to the extent provided by this Act; (d) promote public awareness and understanding in respect of (i) the diversity and richness of Indigenous languages, (ii) the inseparable link between Indigenous languages and the cultures of Indigenous peoples, (iii) the rights of Indigenous peoples related to Indigenous languages, (iv) the significance of those rights for Indigenous peoples, as well as for the general public, (v) the negative impact of colonization and discriminatory government policies on Indigenous languages and the exercise of those rights, and (vi) the importance of working toward and contributing to reconciliation with Indigenous peoples; and (e) support innovative projects and the use of new technologies in Indigenous language education and revitalization, in cooperation with Indigenous governments and other Indigenous governing bodies, Indigenous organizations, the Government of Canada and provincial and territorial governments. Consultation and coordination (2) In fulfilling its mandate, the Office must, where appropriate, consult and coordinate with any Indigenous, provincial or territorial entity that is responsible for the promotion, revitalization or protection of Indigenous languages.
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Research or studies 24 (1) The Office may undertake research or studies, or cause research or studies to be undertaken, in respect of (a) the provision of funding for the purposes of supporting Indigenous languages; or (b) the use of Indigenous languages in Canada, including for the purposes of measuring the vitality of those languages or identifying measures to restore and maintain fluency in those languages. Community assessments (2) The research or studies referred to in paragraph (1)(b) may take into account a community assessment, with the consent of the Indigenous community in respect of which the assessment was undertaken. Availability — research or study (3) The Office must make the results of any research or study referred to in subsection (1) available to any Indigenous community, Indigenous government or other Indigenous governing body or Indigenous organization that contributed to that research or study. Subject to any law, the Office must also make any document used in or produced for that research or study available to that Indigenous community, Indigenous government or other Indigenous governing body or Indigenous organization. Copy or use free of charge (4) The Office must authorize the Indigenous community, Indigenous government or other Indigenous governing body or Indigenous organization to copy or otherwise use the research or study free of charge for the purpose of reclaiming, revitalizing, maintaining or strengthening Indigenous languages. Subject to any law, the Office must also authorize any document used in or produced for that research or study to be copied or otherwise used by that Indigenous community, Indigenous government or other Indigenous governing body or Indigenous organization free of charge, for that purpose.
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Support offered by Office 25 At the request of an Indigenous community or an Indigenous government or other Indigenous governing body, the Office may provide support to the community or the Indigenous government or other Indigenous governing body in its efforts to reclaim, revitalize, maintain and strengthen an Indigenous language, including its efforts to (a) create permanent records of the language, including audio and video recordings and written materials such as dictionaries, lexicons and grammars of the language, for the purposes of, among other things, its maintenance and transmission; (b) establish certification standards for translators and interpreters; (c) conduct research and studies and community assessments in respect of the use of the language; (d) develop and implement plans for reclaiming, revitalizing, maintaining and strengthening the language; or (e) engage with the Government of Canada or provincial or territorial governments to establish culturally appropriate methods of teaching and learning the language.
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Dispute resolution services 26 At the request of an Indigenous community, an Indigenous government or other Indigenous governing body, an Indigenous organization or the Government of Canada, the Office may provide services, including mediation or other culturally appropriate services, to facilitate the resolution of a dispute related to (a) the fulfilment by any party of an obligation related to Indigenous languages under an agreement entered into by the Government of Canada; (b) funding provided by the Government of Canada for the purposes of an initiative related to Indigenous languages; (c) the fulfilment of any of the Government of Canada’s obligations under this Act; or (d) the implementation of any of the Government of Canada’s policies and programs related to Indigenous languages.
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Review of complaints 27 (1) The Commissioner may conduct a review of a complaint, filed by an Indigenous government or other Indigenous governing body, an Indigenous organization or an Indigenous person, respecting any matter referred to in any of paragraphs 26 (a) to (d). Report (2) After conducting the review, the Commissioner must prepare a report containing any recommendations that the Commissioner considers to be appropriate.
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Capacity, rights, powers and privileges 28 The Office has the capacity, rights, powers and privileges of a natural person, including the capacity to (a) enter into contracts; (b) acquire, hold and dispose of property or an interest or right in property, or lease property; and (c) sue and be sued.
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Delegation 29 The Commissioner may delegate any of the Commissioner’s powers, duties and functions under this Act to any director or employee of the Office, subject to any conditions that the Commissioner may impose.
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Limit of liability 30 No action or other proceeding lies against the Commissioner, a director, an employee of the Office or a person acting on behalf of the Office for anything done, or omitted to be done, in the exercise or purported exercise in good faith of any power, or in the performance or purported performance in good faith of any duty or function, of that person in accordance with this Act.
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Fiscal year 31 The Office’s fiscal year is the period beginning on April 1 in one year and ending on March 31 in the next year.
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Expenditure of revenues 32 Subject to any conditions that the Treasury Board may impose, the Office may expend, in the furtherance of its mandate, during a fiscal year or the following one, any revenues that it receives in that fiscal year through the conduct of its activities.
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Business plan and budget 33 (1) The Office must establish a business plan and budget for each fiscal year and submit them to the Minister. Scope and contents of business plan (2) The Office’s business plan must encompass all of the Office’s activities and include a statement of (a) the Office’s mandate; (b) the Office’s objectives for the fiscal year and the measures it intends to employ to achieve those objectives; and (c) the Office’s expected performance for the fiscal year. Contents of budget (3) The Office’s budget must include a statement of the Office’s projected revenues and expenses for the fiscal year. Activities consistent with business plan (4) The Office must carry on its activities in a fiscal year in a manner that is consistent with its business plan for that year.
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Books and systems 34 (1) The Office must keep books of account and records in relation to them and must also maintain financial and management control and information systems. Requirements (2) The books, records and systems referred to in subsection (1) must be kept and maintained in a manner that will provide reasonable assurance that (a) the Office’s assets are safeguarded and controlled; (b) its transactions are carried out in accordance with this Act; (c) its financial, human and physical resources are managed economically and efficiently; and (d) its activities are carried out effectively. Internal audit (3) The Office may cause internal audits to be conducted to assess the Office’s transactions and activities for the purpose of verifying compliance with subsections (1) and (2). Financial statements (4) The Office must prepare financial statements annually, in accordance with generally accepted accounting principles. Form of financial statements (5) The Office’s financial statements must be prepared in a form that clearly sets out information according to its principal activities.
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Annual auditor’s report 35 (1) The Office must cause an annual auditor’s report to be prepared on its financial statements and any quantitative information required to be audited under subsection (3). Contents (2) The report must, among other things, (a) include separate statements as to whether in the opinion of the Office’s auditor (i) the financial statements are presented fairly, in accordance with generally accepted accounting principles, applied on a basis consistent with that of the preceding year, (ii) the quantitative information is accurate in all material respects and, if applicable, was prepared on a basis consistent with that of the preceding year, and (iii) the Office’s transactions that have come to the auditor’s notice in the course of the auditor’s examination for the report were carried out in accordance with this Act; and (b) call attention to any other matter falling within the scope of the auditor’s examination for the report that, in the auditor’s opinion, should be brought to the attention of the Office or the Minister. Audit of quantitative information (3) The Minister may require that any quantitative information required to be included in the report under paragraph (2)(a) be audited. Presentation to Minister (4) The Office must submit to the Minister its audited financial statements with respect to the fiscal year within 90 days after the end of that fiscal year.
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Special examination 36 (1) At any time required by the Minister, the Office must cause a special examination to be carried out in respect of its transactions and activities to determine if the books, records, systems and practices referred to in section 34 were, in the period under examination, maintained in a manner that met the requirements of that section. Examiner (2) The special examination is to be carried out by the Office’s auditor. However, if, in the Minister’s opinion, a person other than the Office’s auditor should carry out the special examination, the Minister may, after consultation with the Commissioner, direct that the examination be carried out by another auditor who is qualified for the purpose. Plan (3) Before commencing the special examination, an examiner must survey the Office’s systems and practices to be examined and submit a plan for the examination, including a statement of the criteria to be applied in the examination, to the Commissioner. Reliance on internal audit (4) The examiner must, to the extent feasible, rely on any internal audit conducted under subsection 34 (3).
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Examiner’s report 37 (1) The examiner must, on completion of the special examination, submit a report on the examiner’s findings, and a summary of that report, to the Minister and the Commissioner. Contents (2) The examiner’s report is to include (a) a statement as to whether, in the examiner’s opinion, having regard to the criteria referred to in subsection 34 (2), there is a reasonable assurance that there are no significant deficiencies in the systems and practices examined; and (b) a statement on the extent to which the examiner relied on internal audits. Posting of summary (3) The Office must, as soon as feasible after the Commissioner has received the report, post the summary of the report on its website.
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Consultation with Auditor General 38 The Office’s auditor or the examiner may at any time consult the Auditor General of Canada on any matter relating to an audit or special examination.
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Right to information 39 (1) At the request of the Office’s auditor or the examiner, the present or former Commissioner, directors or employees of the Office must provide any information and explanations, and give access to any of the Office’s records, documents, books, accounts and vouchers that are under their control, that the auditor or examiner considers necessary to prepare a report required under this Act. Obligation to inform (2) If the Office’s present or former Commissioner, directors or employees do not have information or explanations requested by an auditor or examiner under subsection (1), the Office’s current Commissioner or directors must obtain the information or explanation and provide it to the auditor or examiner.