GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Official Languages Act — O-3.01 54
Order exempting Commissioner from directives 54 The Governor in Council, on the recommendation of the Treasury Board, may by order exempt the Commissioner from any directives of the Treasury Board or the Governor in Council made under the Financial Administration Act that apply to deputy heads or other administrative heads in relation to the administration of federal institutions.
Official Languages Act — O-3.01 55
Duties and functions 55 The Commissioner shall carry out such duties and functions as are assigned to the Commissioner by this Act or any other Act of Parliament, and may carry out or engage in such other related assignments or activities as may be authorized by the Governor in Council.
Official Languages Act — O-3.01 56
Duty of Commissioner under Act 56 (1) It is the duty of the Commissioner to take all actions and measures within the authority of the Commissioner with a view to ensuring recognition of the status of each of the official languages and compliance with the spirit and intent of this Act in the administration of the affairs of federal institutions, including any of their activities relating to the advancement of English and French in Canadian society. Idem (2) It is the duty of the Commissioner, for the purpose set out in subsection (1), to conduct and carry out investigations either on his own initiative or pursuant to any complaint made to the Commissioner and to report and make recommendations with respect thereto as provided in this Act.
Official Languages Act — O-3.01 57
Review of regulations, policies and directives 57 The Commissioner may initiate a review of any regulations, policies or directives made under this Act, and any other regulations, policies or directives that affect or may affect the status or use of the official languages, and may refer to and comment on any findings on the review in a report made to Parliament under section 66 or 67. R.S., 1985, c. 31 (4th Supp.), s. 57 2023, c. 15, s. 29
Official Languages Act — O-3.01 58
Investigation of complaints 58 (1) Subject to this Act, the Commissioner shall investigate any complaint made to the Commissioner arising from any act or omission to the effect that, in any particular instance or case, (a) the status of an official language was not or is not being recognized, (b) any provision of any Act of Parliament or regulation relating to the status or use of the official languages was not or is not being complied with, or (c) the spirit and intent of this Act was not or is not being complied with in the administration of the affairs of any federal institution. Who may make complaint (2) A complaint may be made to the Commissioner by any person or group of persons, regardless of the official language that they speak. Discontinuance of investigation (3) If in the course of investigating any complaint it appears to the Commissioner that, having regard to all the circumstances of the case, any further investigation is unnecessary, the Commissioner may refuse to investigate the matter further. Right of Commissioner to refuse or cease investigation (4) The Commissioner may refuse to investigate or cease to investigate any complaint if in the opinion of the Commissioner (a) the subject-matter of the complaint is trivial; (b) the complaint is frivolous or vexatious or is not made in good faith; (c) the subject-matter of the complaint does not involve a contravention or failure to comply with the spirit and intent of this Act, or does not for any other reason come within the authority of the Commissioner under this Act; (d) the complaint was not made within a reasonable time after the subject-matter of the complaint arose; (e) the subject-matter of the complaint has already been the subject of a report by the Commissioner under subsection 63(1); (f) the federal institution concerned has taken corrective measures to resolve the complaint; or (g) the Commissioner has entered into a compliance agreement under subsection 64.1(1) in respect of the subject-matter of the complaint. Complainant to be notified (5) Where the Commissioner decides to refuse to investigate or cease to investigate any complaint, the Commissioner shall inform the complainant of that decision and shall give the reasons therefor. R.S., 1985, c. 31 (4th Supp.), s. 58 2023, c. 15, s. 31
Official Languages Act — O-3.01 59
Notice of intention to investigate 59 Before carrying out an investigation under this Act, the Commissioner shall inform the deputy head or other administrative head of any federal institution concerned of his intention to carry out the investigation.
Official Languages Act — O-3.01 60
Investigation to be conducted in private 60 (1) Every investigation by the Commissioner under this Act shall be conducted in private. Opportunity to answer allegations and criticisms (2) It is not necessary for the Commissioner to hold any hearing and no person is entitled as of right to be heard by the Commissioner, but if at any time during the course of an investigation it appears to the Commissioner that there may be sufficient grounds to make a report or recommendation that may adversely affect any individual or any federal institution, the Commissioner shall, before completing the investigation, take every reasonable measure to give to that individual or institution a full and ample opportunity to answer any adverse allegation or criticism, and to be assisted or represented by counsel for that purpose.
Official Languages Act — O-3.01 61
Procedure 61 (1) Subject to this Act, the Commissioner may determine the procedure to be followed in carrying out any investigation under this Act. Receiving and obtaining information (2) The Commissioner may direct that information relating to any investigation under this Act be received or obtained, in whole or in part, by any employee of the office of the Commissioner appointed under section 51 and that employee shall, subject to any restrictions or limitations that the Commissioner may specify, have all the powers and duties of the Commissioner under this Act in relation to the receiving or obtaining of that information. R.S., 1985, c. 31 (4th Supp.), s. 61 2023, c. 15, s. 32
Official Languages Act — O-3.01 62
Powers of Commissioner in carrying out investigations 62 (1) The Commissioner has, in relation to the carrying out of any investigation under this Act, other than an investigation in relation to Part III, power (a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath, and to produce such documents and things as the Commissioner deems requisite to the full investigation and consideration of any matter within his authority under this Act, in the same manner and to the same extent as a superior court of record; (b) to administer oaths; (c) to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as in his discretion the Commissioner sees fit, whether or not the evidence or information is or would be admissible in a court of law; and (d) subject to such limitation as may in the interests of defence or security be prescribed by regulation of the Governor in Council, to enter any premises occupied by any federal institution and carry out therein such inquiries within his authority under this Act as the Commissioner sees fit. Alternative dispute resolution (1.1) The Commissioner may, at any time in the course of an investigation, attempt to resolve a complaint by means of a process of alternative dispute resolution, other than arbitration. Report — threats, intimidation, discrimination or obstruction (2) The Commissioner may provide a report with reasons to the President of the Treasury Board and the deputy head or other administrative head of any federal institution concerned if the Commissioner believes on reasonable grounds that (a) an individual has been threatened, intimidated or made the object of discrimination because that individual has made a complaint under this Act or has given evidence or assisted in any way in respect of an investigation under this Act, or proposes to do so, or (b) the Commissioner, or any person acting on behalf or under the direction of the Commissioner, has been obstructed in the performance of the Commissioner’s duties or functions under this Act. R.S., 1985, c. 31 (4th Supp.), s. 62 2023, c. 15, s. 33
Official Languages Act — O-3.01 63
Conclusion of investigation 63 (1) If, after carrying out an investigation under this Act, the Commissioner is of the opinion that (a) the act or omission that was the subject of the investigation should be referred to any federal institution concerned for consideration and action if necessary, (b) any Act or regulations, or any policy or directive of the Governor in Council or the Treasury Board, should be reconsidered or any practice that leads or is likely to lead to a contravention of this Act should be altered or discontinued, or (c) any other action should be taken, the Commissioner shall report that opinion and the reasons therefor to the President of the Treasury Board and the deputy head or other administrative head of any institution concerned. Other policies to be taken into account (2) In making a report under subsection (1) that relates to any federal institution, the Commissioner shall have regard to any policies that apply to that institution that are set out in any Act of Parliament or regulation thereunder or in any directive of the Governor in Council or the Treasury Board. Recommendations (3) The Commissioner may (a) in a report under subsection (1) make such recommendations as he thinks fit; and (b) request the deputy head or other administrative head of the federal institution concerned to notify the Commissioner within a specified time of the action, if any, that the institution proposes to take to give effect to those recommendations. R.S., 1985, c. 31 (4th Supp.), s. 63 2023, c. 15, s. 34
Official Languages Act — O-3.01 63.1
Publication 63.1 (1) After carrying out an investigation under this Act, the Commissioner may make any of the following information public: (a) a summary of the investigation; (b) the findings of the investigation; (c) any recommendations made by the Commissioner under subsection 63(3). Identifying information (2) The Commissioner shall ensure that the information made public under subsection (1) is not in a form that could reasonably be expected to identify the complainant or any individual. Notice (3) Before making the information public, the Commissioner shall give to the deputy head or other administrative head of any federal institution concerned at least 30 business days’ notice of the Commissioner’s intention to make it public. 2023, c. 15, s. 35
Official Languages Act — O-3.01 64
Where investigation carried out pursuant to complaint 64 (1) Where the Commissioner carries out an investigation pursuant to a complaint, the Commissioner shall inform the complainant and any individual by whom or on behalf of whom, or the deputy head or other administrative head of any federal institution by which or on behalf of which, an answer relating to the complaint has been made pursuant to subsection 60(2), in such manner and at such time as the Commissioner thinks proper, of the results of the investigation. Where recommendations made (2) Where recommendations have been made by the Commissioner under subsection 63(3) but adequate and appropriate action has not, in the opinion of the Commissioner, been taken thereon within a reasonable time after the recommendations are made, the Commissioner may inform the complainant of those recommendations and make such comments thereon as he thinks proper, and shall provide a copy of the recommendations and comments to any individual, deputy head or administrative head whom the Commissioner is required under subsection (1) to inform of the results of the investigation.
Official Languages Act — O-3.01 64.1
Compliance agreement 64.1 (1) If, at any time during the course of or after carrying out an investigation, the Commissioner has reasonable grounds to believe that a federal institution has contravened this Act, the Commissioner may enter into a compliance agreement with that federal institution aimed at ensuring compliance with this Act. Other party (2) The complainant may, at the invitation of the Commissioner, be made a party to the compliance agreement. Terms (3) A compliance agreement may contain any terms that the Commissioner considers necessary to ensure compliance with this Act. 2023, c. 15, s. 36
Official Languages Act — O-3.01 64.2
Effect of compliance agreement — Commissioner 64.2 (1) Once a compliance agreement is entered into, the Commissioner (a) is not permitted to make an order under subsection 64.5(1) in respect of any matter covered under the agreement; (b) is not permitted to make an application under paragraph 78(1)(a) in respect of any matter covered under the agreement; and (c) shall apply to the Federal Court for the suspension of any pending applications that the Commissioner made under paragraph 78(1)(a) in respect of any matter covered under the agreement. Effect of compliance agreement — complainant (2) The complainant, if they are a party to the compliance agreement entered into, (a) is not permitted to make an application under subsection 77(1) in respect of any matter covered under the agreement; and (b) shall apply to the Federal Court for the suspension of any pending applications that they made under subsection 77(1) in respect of any matter covered under the agreement. 2023, c. 15, s. 36
Official Languages Act — O-3.01 64.3
Compliance agreement complied with 64.3 If the Commissioner is of the opinion that a federal institution has complied with a compliance agreement, (a) the Commissioner shall provide written notice to that effect to the federal institution and, if the complainant is a party to the agreement, to the complainant; (b) the Commissioner shall withdraw any applications that the Commissioner made under paragraph 78(1)(a) in respect of any matter covered under the agreement; and (c) the complainant, if they are a party to the agreement, shall withdraw any applications that they made under subsection 77(1) in respect of any matter covered under the agreement. 2023, c. 15, s. 36
Official Languages Act — O-3.01 64.4
Compliance agreement not complied with 64.4 (1) If the Commissioner is of the opinion that a federal institution has not complied with a compliance agreement, the Commissioner shall provide written notice to that effect to the deputy head or other administrative head of the federal institution and to the complainant, if they are a party to the agreement, and may apply to the Federal Court (a) for an order requiring the federal institution to comply with the agreement, in addition to any other remedies that the Federal Court may give; or (b) for a remedy in accordance with paragraph 78(1)(a) or for the reinstatement of proceedings that have been suspended as a result of any application made under paragraph 64.2(1)(c). Parties to proceedings (2) A federal institution whose deputy head or other administrative head receives a notice under subsection (1), and a complainant who receives a notice under that subsection, have the right to appear as parties to the proceedings. Complainant (3) On receipt of the notice, the complainant may apply to the Federal Court for a remedy in accordance with subsection 77(1) or for the reinstatement of proceedings that have been suspended as a result of an application made under paragraph 64.2(2)(b). Time for application (4) Despite subsection 77(2) and paragraph 78(1)(a) but subject to subsection 77(3), the application shall be made within one year after the date of the notice or within any longer period that the Federal Court may, either before or after the expiry of that year, allow. 2023, c. 15, s. 36
Official Languages Act — O-3.01 64.5
Commissioner’s order 64.5 (1) If, after carrying out an investigation of a complaint, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or violated a right — under Part IV or V and has made recommendations under subsection 63(3) in respect of that contravention or violation, or in respect of an identical contravention of that duty or violation of that right by the institution, the Commissioner may make an order directing that institution to take any action that the Commissioner considers appropriate to rectify the contravention or violation. Limitation (2) However, the Commissioner is not permitted to make an order in respect of the subject-matter of a complaint unless, before making the order, the Commissioner invited the federal institution to enter into a compliance agreement under subsection 64.1(1) in respect of that subject-matter. Preconditions to order (3) Before making an order under subsection (1), the Commissioner shall provide to the deputy head or other administrative head of the federal institution concerned a notice that sets out (a) the order that the Commissioner intends to make; and (b) a statement that within 20 days after the day on which the deputy head or other administrative head receives the notice, that deputy head or other administrative head shall notify the Commissioner (i) of the action taken or proposed to be taken by the federal institution to implement the proposed order or the recommendations made under subsection 63(3), or the reasons why no such action has been or is proposed to be taken, or (ii) whether the federal institution wishes to enter into a compliance agreement under subsection 64.1(1). Condition (4) The order may include any condition that the Commissioner considers appropriate. Notice of order (5) The Commissioner shall provide to the complainant and to the deputy head or other administrative head of the federal institution a notice that sets out (a) any order that the Commissioner makes; (b) a statement that the complainant and the federal institution each have the right to apply for a review under section 78.1, within the period specified for exercising that right, and that they must comply with section 78.5 if they exercise that right; and (c) a statement that if neither the complainant nor the federal institution applies for a review within the period specified for doing so, any order set out in the notice takes effect in accordance with subsection (6). Effect (6) The order takes effect on the 31st business day after the day on which the deputy head or other administrative head of the federal institution receives the notice. Deemed date of receipt (7) For the purpose of this section, the deputy head or other administrative head of the federal institution is deemed to have received a notice on the fifth business day after the date of the notice. 2023, c. 15, s. 36
Official Languages Act — O-3.01 64.6
Filing of order 64.6 (1) If the Commissioner is of the opinion that a federal institution has not complied with the terms of an order made under subsection 64.5(1), the Commissioner may file in the Federal Court a copy of the order certified by the Commissioner to be a true copy. Effect of filing (2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court. 2023, c. 15, s. 36
Official Languages Act — O-3.01 65
Report to Governor in Council where appropriate action not taken 65 (1) If, within a reasonable time after a report containing recommendations under subsection 63(3) is made, adequate and appropriate action has not, in the opinion of the Commissioner, been taken thereon, the Commissioner, in his discretion and after considering any reply made by or on behalf of any federal institution concerned, may transmit a copy of the report and recommendations to the Governor in Council. Action by Governor in Council (2) The Governor in Council may take such action as the Governor in Council considers appropriate in relation to any report transmitted under subsection (1) and the recommendations therein. Report to Parliament (3) If, within a reasonable time after a copy of a report is transmitted to the Governor in Council under subsection (1), adequate and appropriate action has not, in the opinion of the Commissioner, been taken thereon, the Commissioner may make such report thereon to Parliament as he considers appropriate. Reply to be attached to report (4) The Commissioner shall attach to every report made under subsection (3) a copy of any reply made by or on behalf of any federal institution concerned.
Official Languages Act — O-3.01 66
Annual report 66 (1) The Commissioner shall, within such time as is reasonably practicable after the termination of each year, prepare and submit to Parliament a report relating to the conduct of his office and the discharge of his duties under this Act during the preceding year including his recommendations, if any, for proposed changes to this Act that the Commissioner deems necessary or desirable in order that effect may be given to it according to its spirit and intent. Part of report (2) The Commissioner shall include, as part of the report, in respect of each federal institution concerned, (a) the number of times that the Commissioner refused or ceased to investigate a complaint under subsection 58(4) and the paragraph of that subsection that was relied on; (b) for each process of alternative dispute resolution used, the number of complaints on which that process was used and the number of them that were resolved through that process; (c) the number of times that the Commissioner published any information under subsection 63.1(1); (d) the number of complaints that were made the object of a compliance agreement under subsection 64.1(1), a description of the contravention that resulted in the agreement being entered into and an indication as to whether the federal institution complied with the agreement and, if not, any measures taken by the Commissioner as a result; and (e) the number of complaints that were made the object of an order under subsection 64.5(1), a description of the contravention or violation that resulted in the order being made and an indication as to whether the federal institution complied with the order and, if not, any measures taken by the Commissioner as a result. R.S., 1985, c. 31 (4th Supp.), s. 66 2023, c. 15, s. 38
Official Languages Act — O-3.01 67
Special reports 67 (1) The Commissioner may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers, duties and functions of the Commissioner where, in the opinion of the Commissioner, the matter is of such urgency or importance that a report thereon should not be deferred until the time provided for transmission of the next annual report of the Commissioner under section 66. Reply to be attached to report (2) The Commissioner shall attach to every report made under this section a copy of any reply made by or on behalf of any federal institution concerned.
Official Languages Act — O-3.01 68
Contents of report 68 The Commissioner may disclose in any report made under subsection 65(3) or section 66 or 67 such matters as in his opinion ought to be disclosed in order to establish the grounds for any conclusions and recommendations contained therein, but in so doing shall take every reasonable precaution to avoid disclosing any matter the disclosure of which would or might be prejudicial to the defence or security of Canada or any state allied or associated with Canada.
Official Languages Act — O-3.01 69
Transmission of report 69 (1) Every report to Parliament made by the Commissioner under subsection 65(3) or section 66 or 67 shall be made by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling respectively in those Houses. Reference to parliamentary committee (2) Every report referred to in subsection (1) shall, after it is transmitted for tabling pursuant to that subsection, be referred to the committee designated or established by Parliament for the purpose of section 88.