GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Official Languages Act — O-3.01 32
Regulations 32 (1) The Governor in Council may make regulations (a) prescribing the circumstances in which there is significant demand for the purpose of paragraph 22(b) or subsection 23(1); (b) prescribing circumstances not otherwise provided for under this Part in which federal institutions have the duty to ensure that any member of the public can communicate with and obtain available services from offices of the institution in either official language; (c) prescribing services, and the manner in which those services are to be provided or made available, for the purpose of subsection 23(2); (d) prescribing circumstances, in relation to the public or the travelling public, for the purpose of paragraph 24(1)(a) or (b); and (e) defining the expression “English or French linguistic minority population” for the purpose of paragraph (2)(a). Where circumstances prescribed under paragraph (1)(a) or (b) (2) In prescribing circumstances under paragraph (1)(a) or (b), the Governor in Council may have regard to (a) the number of persons composing the English or French linguistic minority population of the area served by an office or facility, the particular characteristics of that population and the proportion of that population to the total population of that area; (b) the volume of communications or services between an office or facility and members of the public using each official language; and (c) any other factors that the Governor in Council considers appropriate.
Official Languages Act — O-3.01 33
Regulations 33 The Governor in Council may make any regulations that the Governor in Council considers necessary to foster actively communications with and services from offices or facilities 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 — in both official languages, if those communications and services are required under this Part to be provided in both official languages. R.S., 1985, c. 31 (4th Supp.), s. 33; 2004, c. 7, s. 27; 2006, c. 9, s. 21; 2015, c. 36, s. 145; 2017, c. 20, s. 180 2023, c. 15, s. 13(F)
Official Languages Act — O-3.01 33.1
Definition of employee 33.1 In this Part, employee includes an employee who represents the employer, a person who performs for an employer activities whose primary purpose is to enable the person to acquire knowledge or experience and a person who has been placed by a temporary help agency. 2023, c. 15, s. 14
Official Languages Act — O-3.01 34
Rights relating to language of work 34 (1) 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 ministers and associate deputy ministers (2) A person appointed by the Governor in Council to the position of deputy minister or associate deputy minister or a position of an equivalent rank in a department named in Schedule I to the Financial Administration Act shall, on their appointment, take the language training that is necessary to be able to speak and understand clearly both official languages. R.S., 1985, c. 31 (4th Supp.), s. 34 2023, c. 15, s. 14
Official Languages Act — O-3.01 35
Duties of government 35 (1) Every federal institution has the duty to ensure that (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 (b) in all parts or regions of Canada not prescribed for the purpose of paragraph (a), the treatment of both official languages in the work environments of the institution in parts or regions of Canada where one official language predominates is reasonably comparable to the treatment of both official languages in the work environments of the institution in parts or regions of Canada where the other official language predominates. Regions of Canada prescribed (2) The regions of Canada set out in Annex B of the part of the Treasury Board and Public Service Commission Circular No. 1977-46 of September 30, 1977 that is entitled “Official Languages in the Public Service of Canada: A Statement of Policies” are prescribed for the purpose of paragraph (1)(a). R.S., 1985, c. 31 (4th Supp.), s. 35 2023, c. 15, s. 15
Official Languages Act — O-3.01 36
Minimum duties in relation to prescribed regions 36 (1) Every federal institution has the duty, 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 (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 (c) ensure that, 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 (ii) employees are 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. Additional duties (2) Every federal institution has the duty to ensure that, within the National Capital Region and in any part or region of Canada, or in any place outside Canada, that is prescribed for the purpose of paragraph 35(1)(a), the measures that can reasonably be taken are taken in addition to those required under subsection (1) to establish and maintain work environments of the institution that are conducive to the effective use of both official languages and accommodate the use of either official language by its employees. Acquired rights (3) Nothing in subparagraph (1)(c)(ii) abrogates or derogates from the right of a person to hold a position or carry out managerial or supervisory responsibilities in a federal institution if they held that position or carried out those responsibilities in the institution immediately before the coming into force of that subparagraph. R.S., 1985, c. 31 (4th Supp.), s. 36 2023, c. 15, s. 16
Official Languages Act — O-3.01 37
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. R.S., 1985, c. 31 (4th Supp.), s. 37 2023, c. 15, s. 17
Official Languages Act — O-3.01 39
Commitment to equal opportunities and equitable participation 39 (1) The Government of Canada is committed to ensuring that (a) English-speaking Canadians and French-speaking Canadians, without regard to their ethnic origin or first language learned, have equal opportunities to obtain employment and advancement in federal institutions; and (b) the composition of the work-force of federal institutions tends to reflect the presence of both the official language communities of Canada, taking into account the characteristics of individual institutions, including their mandates, the public they serve and their location. 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. Merit principle (3) Nothing in this section shall be construed as abrogating or derogating from the principle of selection of personnel according to merit. R.S., 1985, c. 31 (4th Supp.), s. 39 2023, c. 15, s. 19
Official Languages Act — O-3.01 40
Regulations 40 The Governor in Council may make regulations for the purposes of this Part. R.S., 1985, c. 31 (4th Supp.), s. 40 2023, c. 15, s. 20
Official Languages Act — O-3.01 41
ulations (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). Regulations (11) The Governor in Council may, on the recommendation of the Treasury Board made after consultation with the Minister of Canadian Heritage, make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, prescribing the manner in which any duties of those institutions under this Part are to be carried out. For greater certainty (12) For greater certainty, the express powers, duties and functions of certain ministers of the Crown provided for in this Part do not limit the duties of federal institutions under this Part. R.S., 1985, c. 31 (4th Supp.), s. 41; 2005, c. 41, s. 1; 2006, c. 9, s. 23; 2015, c. 36, s. 147; 2017, c. 20, s. 182 2023, c. 15, s. 21
Official Languages Act — O-3.01 41.1
Disposal strategy — considerations 41.1 (1) In developing a disposal strategy for a surplus federal real property or a federal immovable, every department and supporting federal institution shall take into account the needs and priorities of the English or French linguistic minority communities of the province or territory where the federal real property or federal immovable is located. Consultations (2) In taking into account the needs and priorities under subsection (1), departments shall consult English or French linguistic minority communities and other stakeholders, including school boards or commissions. 2023, c. 15, s. 21
Official Languages Act — O-3.01 42
Commitment — bilingualism and promoting French abroad 42 (1) The Government of Canada is committed to advancing the use of English and French in the conduct of Canada’s external affairs and to promoting French as part of Canada’s diplomatic relations. Implementation (2) The Minister of Foreign Affairs shall implement the commitment under subsection (1). R.S., 1985, c. 31 (4th Supp.), s. 42; 1995, c. 11, s. 27 2023, c. 15, s. 21
Official Languages Act — O-3.01 42.1
Recognition — Canadian Broadcasting Corporation 42.1 The Government of Canada recognizes that the Canadian Broadcasting Corporation, in carrying out its purposes under the Broadcasting Act and subject to any applicable orders and regulations of the Canadian Radio-television and Telecommunications Commission, contributes through its activities to enhancing the vitality of the English and French linguistic minority communities in Canada and to the protection and promotion of both official languages. This recognition is made while respecting the freedom of expression and the journalistic, creative and programming independence enjoyed by the Canadian Broadcasting Corporation. 2023, c. 15, s. 21 2023, c. 15, s. 70
Official Languages Act — O-3.01 43
Special mandate of Minister of Canadian Heritage 43 (1) The Minister of Canadian Heritage shall advance the equality of status and use of English and French in Canadian society, and to that end may take measures to (a) enhance the vitality of the English and French linguistic minority communities in Canada and support and assist their development; (b) support the development and promotion of francophone culture in Canada, including through the activities of entities for which that Minister is responsible and by ensuring that the Government of Canada’s cultural policies are consistent with the purpose of this Act; (c) provide funding to an organization, independent of the Government of Canada, responsible for administering a program whose purpose is to provide funding for test cases of national significance to be brought before the courts to clarify and assert constitutional and quasi-constitutional official language rights; (d) encourage and assist provincial and territorial governments to support the development of English and French linguistic minority communities generally and, in particular, to offer provincial, territorial and municipal services in both English and French and to provide opportunities for members of English or French linguistic minority communities to be educated in their own language; (e) encourage and assist provincial and territorial governments and non-profit organizations to provide opportunities for everyone in Canada to learn both English and French and to foster an acceptance and appreciation of both English and French by members of the public; (f) induce the business community, labour organizations, non-profit organizations and other organizations or institutions to provide services in both English and French and to foster the recognition and use of those languages; (g) implement programs in support of official languages; and (h) with the approval of the Governor in Council, enter into agreements or arrangements that recognize and advance the bilingual character of Canada with the governments of foreign states. Consultation and information to public (2) The Minister of Canadian Heritage shall take such measures as that Minister considers appropriate to ensure public consultation in the development of policies and review of programs relating to the achievement of the equality of status and use of English and French in Canadian society and shall provide information to the public relating to those policies and programs. R.S., 1985, c. 31 (4th Supp.), s. 43; 1995, c. 11, s. 28 2023, c. 15, s. 22
Official Languages Act — O-3.01 44
Annual report to Parliament 44 The Minister of Canadian Heritage shall, within such time as is reasonably practicable after the termination of each financial year, submit an annual report to Parliament on the matters relating to official languages for which that Minister is responsible. R.S., 1985, c. 31 (4th Supp.), s. 44; 1995, c. 11, s. 29
Official Languages Act — O-3.01 44.1
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, including by restoring and increasing their demographic weight. Contents (2) The policy shall include, among other things, (a) objectives, targets and indicators; (a.1) mechanisms for information sharing and for reporting; (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 (c) a statement that the Government of Canada recognizes the importance of francophone immigration to economic development. 2023, c. 15, s. 23
Official Languages Act — O-3.01 45
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. R.S., 1985, c. 31 (4th Supp.), s. 45 2023, c. 15, s. 24
Official Languages Act — O-3.01 45.1
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. 2023, c. 15, s. 24
Official Languages Act — O-3.01 46
Responsibilities of Treasury Board 46 (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI, subsection 41(5) and paragraph 41(7)(a.1) in all federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer. Powers of Treasury Board (2) In carrying out its responsibilities under subsection (1), the Treasury Board may (a) [Repealed, 2023, c. 15, s. 25] (b) recommend regulations to the Governor in Council to give effect to Parts IV, V and VI. (c) [Repealed, 2023, c. 15, s. 25] (d) [Repealed, 2023, c. 15, s. 25] (e) [Repealed, 2023, c. 15, s. 25] (f) [Repealed, 2023, c. 15, s. 25] (g) [Repealed, 2023, c. 15, s. 25] Duties of Treasury Board (3) In carrying out its responsibilities under subsection (1), the Treasury Board shall (a) establish policies, recommend policies to the Governor in Council or issue directives to give effect to Parts IV, V and VI; (b) in consultation with the Minister of Canadian Heritage, establish policies, recommend policies to the Governor in Council or issue directives to give effect to subsection 41(5) and paragraph 41(7)(a.1); (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) and paragraph 41(7)(a.1). R.S., 1985, c. 31 (4th Supp.), s. 46; 2004, c. 7, s. 29; 2006, c. 9, s. 24; 2015, c. 36, s. 148; 2017, c. 20, s. 183 2023, c. 15, s. 25
Official Languages Act — O-3.01 47
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(3)(c). R.S., 1985, c. 31 (4th Supp.), s. 47; 2005, c. 15, s. 3; 2010, c. 12, s. 1676 2023, c. 15, s. 26
Official Languages Act — O-3.01 48
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. R.S., 1985, c. 31 (4th Supp.), s. 48 2023, c. 15, s. 26
Official Languages Act — O-3.01 49
Appointment 49 (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Official Languages for Canada after consultation with the Leader of the Government in the Senate or Government Representative in the Senate, the Leader of the Opposition in the Senate, the Leader or Facilitator of every other recognized party or parliamentary group in the Senate and the leader of every recognized party in the House of Commons and approval of the appointment by resolution of the Senate and House of Commons. Tenure (2) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons. Further terms (3) The Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years. Interim appointment (4) In the event of the absence or incapacity of the Commissioner or if that office is vacant, the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council. 1985, c. 31 (4th Supp.), s. 49; 2006, c. 9, s. 111 2022, c. 10, s. 249
Official Languages Act — O-3.01 50
Rank, powers and duties generally 50 (1) The Commissioner shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of the Commissioner and shall not hold any other office under Her Majesty or engage in any other employment. Salary and expenses (2) The Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties. R.S., 1985, c. 31 (4th Supp.), s. 50; 2002, c. 8, s. 157
Official Languages Act — O-3.01 51
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. R.S., 1985, c. 31 (4th Supp.), s. 51 2023, c. 15, s. 27
Official Languages Act — O-3.01 52
Technical assistance 52 The Commissioner may engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties of his office and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.
Official Languages Act — O-3.01 53
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 . R.S., 1985, c. 31 (4th Supp.), s. 53; 2003, c. 22, s. 225(E) 2023, c. 15, s. 28