GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Official Languages Act — O-3.01 70
Delegation by Commissioner 70 The Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this or any other Act of Parliament except (a) the power to delegate under this section; and (b) the powers, duties or functions set out in sections 63, 65 to 69 and 78.
Official Languages Act — O-3.01 71
Security requirements 71 The Commissioner and every person acting on behalf or under the direction of the Commissioner who receives or obtains information relating to any investigation under this Act shall, with respect to access to and the use of such information, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of such information.
Official Languages Act — O-3.01 72
Confidentiality 72 Subject to this Act, the Commissioner and every person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this Act.
Official Languages Act — O-3.01 73
Disclosure authorized 73 The Commissioner may disclose or may authorize any person acting on behalf or under the direction of the Commissioner to disclose information (a) that, in the opinion of the Commissioner, is necessary to carry out an investigation under this Act; or (b) in the course of proceedings before the Federal Court under Part X or an appeal therefrom.
Official Languages Act — O-3.01 74
No summons 74 The Commissioner or any person acting on behalf or under the direction of the Commissioner is not a compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Act during an investigation, in any proceedings other than proceedings before the Federal Court under Part X or an appeal therefrom.
Official Languages Act — O-3.01 75
Protection of Commissioner 75 (1) No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commissioner under this Act. Libel or slander (2) For the purposes of any law relating to libel or slander, (a) anything said, any information supplied or any document or thing produced in good faith in the course of an investigation by or on behalf of the Commissioner under this Act is privileged; and (b) any report made in good faith by the Commissioner under this Act and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.
Official Languages Act — O-3.01 76
Definition of Court 76 In this Part, Court means the Federal Court. R.S., 1985, c. 31 (4th Supp.), s. 76; 2002, c. 8, s. 183
Official Languages Act — O-3.01 77
Application for remedy 77 (1) Any person who has made a complaint to the Commissioner in respect of a right or duty under sections 4 to 7, sections 10 to 13 or Part IV, V or VII, or in respect of section 91, may apply to the Court for a remedy under this Part. Time limit (2) An application may be made under subsection (1) within 60 days — or within any further time that the Court may allow, on request made either before or after the expiry of those 60 days — after (a) the results of an investigation of the complaint by the Commissioner are reported to the complainant under subsection 64(1), (a.1) the complainant is informed of the actions taken to implement the recommendations that the Commissioner made under subsection 63(3), (b) the complainant is informed of the recommendations of the Commissioner under subsection 64(2), or (c) the complainant is informed of the Commissioner’s decision to refuse or cease to investigate the complaint under subsection 58(5). 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. Order of Court (4) Where, in proceedings under subsection (1), the Court concludes that a federal institution has failed to comply with this Act, the Court may grant such remedy as it considers appropriate and just in the circumstances. Conflict — compliance agreement (4.1) If there is a conflict between a provision of an order made under paragraph 64.4(1)(a) and a provision of an order made under subsection (4), the order made under subsection (4) prevails to the extent of the conflict. Conflict — Commissioner’s order (4.2) If there is a conflict between a provision of an order filed under subsection 64.6(1) and a provision of an order made under subsection (4), the order made under subsection (4) prevails to the extent of the conflict. Other rights of action (5) Nothing in this section abrogates or derogates from any right of action a person might have other than the right of action set out in this section. 1985, c. 31 (4th Supp.), s. 77; 2005, c. 41, s. 2 2023, c. 15, s. 40
Official Languages Act — O-3.01 78
Commissioner may apply or appear 78 (1) The Commissioner may (a) within the time limits prescribed by paragraph 77(2)(a) or (b), apply to the Court for a remedy under this Part in relation to a complaint investigated by the Commissioner if the Commissioner has the consent of the complainant; (b) appear before the Court on behalf of any person who has applied under section 77 for a remedy under this Part; or (c) with leave of the Court, appear as a party to any proceedings under this Part. Exception (1.1) Despite paragraph (1)(a), if the Commissioner makes an order under subsection 64.5(1), the Commissioner (a) is not permitted to make an application under paragraph (1)(a) in respect of any matter that is the subject of the order; and (b) shall withdraw any applications that were made under paragraph (1)(a) in respect of any matter that is the subject of the order. Complainant may appear as party (2) Where the Commissioner makes an application under paragraph (1)(a), the complainant may appear as a party to any proceedings resulting from the application. Capacity to intervene (3) Nothing in this section abrogates or derogates from the capacity of the Commissioner to seek leave to intervene in any judicial proceedings relating to the status or use of English or French. R.S., 1985, c. 31 (4th Supp.), s. 78 2023, c. 15, s. 41
Official Languages Act — O-3.01 78.1
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. 2023, c. 15, s. 42
Official Languages Act — O-3.01 78.2
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. 2023, c. 15, s. 42
Official Languages Act — O-3.01 78.3
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). 2023, c. 15, s. 42
Official Languages Act — O-3.01 78.4
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. 2023, c. 15, s. 42
Official Languages Act — O-3.01 78.5
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. 2023, c. 15, s. 42
Official Languages Act — O-3.01 78.6
De novo review 78.6 For greater certainty, an application under section 78.1 is to be heard and determined as a new proceeding. 2023, c. 15, s. 42
Official Languages Act — O-3.01 78.7
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. 2023, c. 15, s. 42
Official Languages Act — O-3.01 78.8
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). 2023, c. 15, s. 42
Official Languages Act — O-3.01 79
Evidence relating to similar complaint 79 In proceedings under this Part relating to a complaint against a federal institution, the Court may admit as evidence information relating to any similar complaint under this Act in respect of the same federal institution.
Official Languages Act — O-3.01 80
Hearing in summary manner 80 An application made under section 77 shall be heard and determined in a summary manner in accordance with any special rules made in respect of such applications pursuant to section 46 of the Federal Courts Act . R.S., 1985, c. 31 (4th Supp.), s. 80; 2002, c. 8, s. 182
Official Languages Act — O-3.01 81
Costs 81 (1) Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Act shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise. Costs (2) If the Court is of the opinion that an application under section 77 or 78.1 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result. R.S., 1985, c. 31 (4th Supp.), s. 81 2023, c. 15, s. 43
Official Languages Act — O-3.01 82
Primacy of Parts I to V 82 (1) In the event of any inconsistency between the following Parts and any other Act of Parliament or regulation thereunder, the following Parts prevail to the extent of the inconsistency: (a) Part I (Proceedings of Parliament); (b) Part II (Legislative and other Instruments); (c) Part III (Administration of Justice); (d) Part IV (Communications with and Services to the Public); and (e) Part V (Language of Work). Canadian Human Rights Act excepted (2) Subsection (1) does not apply to the Canadian Human Rights Act or any regulation made thereunder.
Official Languages Act — O-3.01 83
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. R.S., 1985, c. 31 (4th Supp.), s. 83 2023, c. 15, s. 44
Official Languages Act — O-3.01 84
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. R.S., 1985, c. 31 (4th Supp.), s. 84 2023, c. 15, s. 44
Official Languages Act — O-3.01 85
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. Calculation of thirty day period (2) In calculating the thirty day period referred to in subsection (1), there shall not be counted any day on which the House of Commons does not sit. R.S., 1985, c. 31 (4th Supp.), s. 85 2023, c. 15, s. 45
Official Languages Act — O-3.01 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. Exception (2) No proposed regulation need be published under subsection (1) if it has previously been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection. Calculation of 30-day period (3) In calculating the 30-day period referred to in subsection (1), only the days on which both Houses of Parliament sit shall be counted. R.S., 1985, c. 31 (4th Supp.), s. 86 2023, c. 15, s. 46
Official Languages Act — O-3.01 87
Tabling of regulation 87 (1) A regulation that is proposed to be made under paragraph 38(2)(a) and prescribes any part or region of Canada for the purpose of paragraph 35(1)(a) shall be laid before each House of Parliament at least thirty sitting days before the proposed effective date thereof. Motion to disapprove proposed regulation (2) Where, within twenty-five sitting days after a proposed regulation is laid before either House of Parliament under subsection (1), a motion for the consideration of that House to the effect that the proposed regulation not be approved, signed by no fewer than fifteen Senators or thirty Members of the House of Commons, as the case may be, is filed with the Speaker of that House, the Speaker shall, within five sitting days after the filing of the motion, without debate or amendment, put every question necessary for the disposition of the motion. Where motion adopted (3) Where a motion referred to in subsection (2) is adopted by both Houses of Parliament, the proposed regulation to which the motion relates may not be made. Prorogation or dissolution of Parliament (4) Where Parliament dissolves or prorogues earlier than twenty-five sitting days after a proposed regulation is laid before both Houses of Parliament under subsection (1) and a motion has not been disposed of under subsection (2) in relation to the proposed regulation in both Houses of Parliament, the proposed regulation may not be made. Definition of sitting day (5) For the purposes of this section, sitting day means, in respect of either House of Parliament, a day on which that House sits. R.S., 1985, c. 31 (4th Supp.), s. 87 2023, c. 15, s. 47(F)
Official Languages Act — O-3.01 88
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. R.S., 1985, c. 31 (4th Supp.), s. 88; 1995, c. 11, s. 30 2023, c. 15, s. 48
Official Languages Act — O-3.01 89
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. R.S., 1985, c. 31 (4th Supp.), s. 89 2023, c. 15, s. 48
Official Languages Act — O-3.01 90
Parliamentary and judicial powers, privileges and immunities saved 90 Nothing in this Act abrogates or derogates from any powers, privileges or immunities of members of the Senate or the House of Commons in respect of their personal offices and staff or of judges of any Court.
Official Languages Act — O-3.01 91
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. R.S., 1985, c. 31 (4th Supp.), s. 91 2023, c. 15, s. 49
Official Languages Act — O-3.01 92
References in Acts of Parliament to the “official languages” 92 In every Act of Parliament, a reference to the “official languages” or the “official languages of Canada” shall be construed as a reference to the languages declared by subsection 16(1) of the Canadian Charter of Rights and Freedoms to be the official languages of Canada.
Official Languages Act — O-3.01 93
Regulations 93 The Governor in Council may make regulations (a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs of federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer; and (b) prescribing anything that is by this Act to be prescribed by regulation of the Governor in Council. R.S., 1985, c. 31 (4th Supp.), s. 93; 2004, c. 7, s. 30; 2006, c. 9, s. 25; 2015, c. 36, s. 149; 2017, c. 20, s. 184
Official Languages Act — O-3.01 93.1
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, in consultation with the President of the Treasury Board, 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. Report (2) The Minister of Canadian Heritage 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. 2023, c. 15, s. 50
Official Languages Act — O-3.01 104 and 105
104 and 105 [Repealed, R.S., 1985, c. 31 (4th Supp.), s. 106]
Official Languages Act — O-3.01 107
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. R.S., 1985, c. 31 (4th Supp.), s. 107 2023, c. 15, s. 51
Official Languages Act — O-3.01 Coming into force
Coming into force * 110 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation. * [Note: Sections 1 to 93, subsection 534(3) of the Criminal Code , as enacted by section 95, and sections 96 and 98 to 109 in force September 15, 1988, and section 97 in force February 1, 1989, see SI/88-197; section 530.1 of the Criminal Code , as enacted by section 94, shall come into force in accordance with subsection 534(2) of the Criminal Code , as enacted by section 95.]
Official Languages Act — O-3.01 120
Transitional — continuation in office 120 A person who holds office under one of the following provisions immediately before the day on which this section comes into force continues in office and is deemed to have been appointed under that provision, as amended by sections 109 to 111, 118 and 119 , to hold office for the remainder of the term for which he or she had been appointed: (c) the Commissioner of Official Languages for Canada under section 49 of the Official Languages Act ;