GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Use of French in Federally Regulated Private Businesses Act — U-3.5 23
Dealing with complaint 23 In dealing with any complaint under this Act, the Board (a) is to proceed as informally and expeditiously as the circumstances and considerations of fairness permit; and (b) is not bound by legal or technical rules of evidence.
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Powers of Board 24 The Board has, in relation to a complaint referred to it by the Commissioner, the power (a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce the documents and things that the Board considers necessary, in the same manner and to the same extent as a superior court of record; (b) to administer oaths; (c) to receive, and base a decision on, any evidence adduced that the Board believes to be credible; (d) to compel any person to provide information or produce documents and things that may be relevant to a matter before the Board, after providing the parties with the opportunity to make representations; (e) subject to any limitations prescribed by regulation of the Governor in Council, to enter any premises of a federally regulated private business that is the subject of a complaint and to inspect and view anything found in the premises that may be relevant to the complaint and require any person to answer any question that may be relevant to the complaint; (f) to abridge or extend the time for doing any act, filing any document or presenting any evidence; (g) if the parties agree, to assist the parties in resolving any issues in dispute by any means that the Board considers appropriate, without prejudice to the Board’s power to determine issues that have not been settled; (h) to authorize any person to do anything that the Board may do under paragraphs (a) to (g) and to report to the Board on it; (i) to adjourn or postpone any proceeding from time to time; (j) to defer deciding any matter, if the Board considers that the matter could be resolved by an alternate method of resolution; (k) to amend or permit the amendment of any document filed in connection with the complaint; (l) to add a party at any stage; (m) to permit an interested person to intervene at any stage; (n) to merge complaints that relate to the same situation or subject matter; (o) to decide any matter that may arise in connection with the complaint; (p) to take notice of facts that may be judicially noticed; (q) to take notice of other generally recognized facts and any information that is within the Board’s specialized knowledge, after notifying the parties and any intervenor of its intention to do so and providing them with an opportunity to make representations; and (r) to review, rescind, amend, alter or vary any order or decision made by the Board and to rehear any matter before making a decision with respect to it.
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Consultation 25 A member of the Board or an external adjudicator may, in respect of any complaint referred to the Board, consult with any member of the Board or with any employee of the Administrative Tribunals Support Service of Canada.
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Regulations of Board 26 (1) The Board may make regulations respecting its powers, duties and functions under this Act, including regulations respecting (a) rules of procedure for proceedings; (b) the use of means of telecommunication that permit simultaneous communication; (c) the forms to be used in connection with a complaint; (d) the time within which and the circumstances under which the Board may exercise its powers under this Act; (e) the form in which and the period during which evidence may be presented to the Board; (f) the time within which and the parties or persons to whom notices and other documents must be sent and the circumstances in which the notices or documents are deemed to have been given or received by the Board or any party or person; and (g) the delegation of the Board’s powers under paragraph 24 (h). Non-application (2) Section 57 of the Official Languages Act does not apply with respect to regulations made under subsection (1).
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Rejection of complaint 27 (1) The Board may reject a complaint, in whole or in part, if the Board is satisfied that (a) the complaint is not within its jurisdiction; (b) the complaint is frivolous, vexatious or not made in good faith; (c) there is insufficient evidence to substantiate the complaint; (d) the complaint has been settled in writing between the complainant and the federally regulated private business; (e) there are other means available to the complainant to resolve the subject matter of the complaint that the Board considers should be pursued; (f) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator; or (g) if the complainant is subject to a collective agreement, the collective agreement covers the subject matter of the complaint and provides a third party dispute resolution process. Notice of rejection (2) If the Board rejects a complaint, it must notify the parties in writing, with reasons.
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Board orders 28 If the Board decides that a complaint is well-founded, the Board may, by order, require the federally regulated private business that is the subject of the complaint to comply with the section of this Act at issue and, if applicable, to (a) permit the complainant to return to the duties of their employment; (b) reinstate the complainant; (c) pay to the complainant compensation not exceeding the sum that, in the Board’s opinion, is equivalent to the remuneration that would, but for the failure to comply, have been paid to the complainant; (d) pay to the complainant compensation not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the complainant by the federally regulated private business; and (e) do any other thing that the Board considers equitable for the federally regulated private business to do to remedy or counteract any consequence of the failure to comply.
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Copy of decision 29 The Board is to provide all parties, as well as the Commissioner, with a copy of its decision on whether a complaint is well-founded and of any related order made under section 28 , with reasons.
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Enforcement of orders 30 (1) Any person affected by an order of the Board made under section 28 , or the Commissioner on the request of such a person, may file a certified copy of the order, exclusive of reasons, in the Federal Court after the later of 14 days after the day on which the order is made and 14 days after a day that may be provided for in the order. Registration (2) Once filed, the order must be registered in the Federal Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.
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No civil remedy affected 31 No civil remedy of an employee against an employer is suspended or affected by this Act.
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Regulations 32 The Governor in Council may make regulations for the purposes of sections 21 to 31 .
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Regulations 33 (1) Subject to section 32 , the Governor in Council may, on the Minister’s recommendation, make regulations for the purposes of this Act, including regulations (a) specifying, for the purposes of paragraph (a) of the definition federally regulated private business in subsection 2 (1), a number of employees; (b) defining “close to retirement”, “conditions that could impede the learning of French”, “consumer”, “employee”, “many years of service”, “treat adversely” and any other term or expression that is used in any of sections 5 to 13 but not defined in section 2 ; (c) respecting the notices referred to in subsection 6 (2); (d) respecting the establishment and operation of a committee referred to in paragraph 10 (1)(c); (e) prescribing circumstances for the purposes of paragraph 18 (3)(b); (f) exempting, with or without conditions, federally regulated private businesses from the application of any provision of this Act or its regulations in respect of activities or workplaces that are related to a specified sector of activity; and (g) exempting, with or without conditions, federally regulated private businesses from the application of any provision of this Act or its regulations for any reason, including reasons related to intellectual property rights, international standards or the conduct of interprovincial or international business. Different numbers (2) A regulation made under paragraph (1)(a) may specify a different number of employees for federally regulated private businesses that have workplaces in Quebec and for federally regulated private businesses that do not have workplaces in Quebec but carry on business in Quebec. Factors (3) In making a regulation under subsection (1), the Governor in Council may take into account any factor that the Governor in Council considers appropriate, including (a) the volume of communications or services provided by federally regulated private businesses; (b) the type of services, documents, computer systems or work instruments required by the employees of federally regulated private businesses; and (c) the mandates of and the nature of the activities carried out by federally regulated private businesses.
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Consultations 34 The Minister must, at a time and in a manner appropriate to the circumstances, seek the views of members of the public as an integral part of the two official language communities of Canada and of organizations representative of employees or employers of federally regulated private businesses on proposed regulations to be made under sections 32 or 33 .
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Tabling of draft of proposed regulation 35 (1) If the Governor in Council proposes to make a regulation under section 33 , the Minister must 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 36 . Calculation of 30-day period (2) In calculating the 30-day period referred to in subsection (1), only the days on which the House of Commons sits must be counted.
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Publication of proposed regulation 36 (1) A copy of each regulation that the Governor in Council proposes to make under section 33 must be published in the Canada Gazette at least 30 days before its proposed effective date, and a reasonable opportunity must be afforded to interested persons to make representations to the Minister with respect to the proposed regulation. Exception (2) No proposed regulation need be published under subsection (1) if it has previously been published under that subsection, whether or not it has been amended as a result of representations made under 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 must be counted.
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Permanent review by parliamentary committee 37 The administration of this Act and its regulations, as well as the reports of the Commissioner and the Minister made under this Act, are to 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.
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Section 126 of Criminal Code 38 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.
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Parliamentary and judicial powers, privileges and immunities 39 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.
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Rights relating to other languages 40 (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 is to 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.
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Compliance agreements — Quebec (communications and services) 41 (1) The Commissioner is not permitted to exercise, before the day that may be fixed by order of the Governor in Council, the powers under subsection 64.1(1) of the Official Languages Act in respect of a complaint made by a consumer in Quebec in respect of a right or duty under section 7 . Compliance agreements — Quebec (language of work) (2) The Commissioner is not permitted to exercise, before the day that may be fixed by order of the Governor in Council, the powers under subsection 64.1(1) of the Official Languages Act in respect of a complaint made by an employee who occupies or is assigned to a position in a workplace in Quebec in respect of a right or duty under any of sections 9 to 11 . Orders — Quebec (communications and services) (3) The Commissioner is not permitted to exercise, before the day that may be fixed by order of the Governor in Council, the powers under subsection 64.5(1) of the Official Languages Act in respect of a complaint made by a consumer in Quebec in respect of a right or duty under section 7 . Orders — Quebec (language of work) (4) The Commissioner is not permitted to exercise, before the day that may be fixed by order of the Governor in Council, the powers under subsection 64.5(1) of the Official Languages Act in respect of a complaint made by an employee who occupies or is assigned to a position in a workplace in Quebec in respect of a right or duty under any of sections 9 to 11 .
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Review 42 (1) On the 10th anniversary of the day on which this section comes into force and every 10 years after that anniversary, the Minister must undertake a review of the provisions and operation of this Act. Report (2) The Minister must 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.
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Minister of Canadian Heritage 68 The Minister of Canadian Heritage may, until the day on which the Use of French in Federally Regulated Private Businesses Act , as enacted by section 54 , comes into force, take any measure or carry out any activity in Canada that the Minister considers necessary for the implementation of sections 12 and 13 of that Act.
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55 Section 4 of the Use of French in Federally Regulated Private Businesses Act is replaced by the following: Purpose 4 The purpose of this Act is to foster and protect the use of French in federally regulated private businesses in Quebec and regions with a strong francophone presence.
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Purpose 4 The purpose of this Act is to foster and protect the use of French in federally regulated private businesses in Quebec and regions with a strong francophone presence.
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56 Subsection 7(1) of the Act is replaced by the following: Communications and services in French 7 (1) Consumers in Quebec or a region with a strong francophone presence have the right to communicate in French with and obtain available services in French from a federally regulated private business that carries on business in Quebec or the region.
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Communications and services in French 7 (1) Consumers in Quebec or a region with a strong francophone presence have the right to communicate in French with and obtain available services in French from a federally regulated private business that carries on business in Quebec or the region.
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57 (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following: Language rights at work 9 (1) Employees of a federally regulated private business who occupy or are assigned to positions in a workplace in Quebec or a region with a strong francophone presence have the right to (2) Subsection 9(2.1) of the Act is replaced by the following: Duty — offer to fill a position (2.1) When a federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence publishes in a language other than French an advertisement to fill a position — including through recruitment, hiring, transfer or promotion — that is assigned to one of those workplaces, the business must also publish the advertisement in French and ensure the simultaneous publication of both linguistic versions by means that are of the same nature and that reach a target public of a proportionally comparable size.
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Language rights at work 9 (1) Employees of a federally regulated private business who occupy or are assigned to positions in a workplace in Quebec or a region with a strong francophone presence have the right to
Use of French in Federally Regulated Private Businesses Act — U-3.5 57.1
57.1 Subsection 9.2(1) of the Act is replaced by the following: Rights of trade unions 9.2 (1) A trade union that represents employees of a federally regulated private business who occupy or are assigned to positions in a workplace in Quebec or a region with a strong francophone presence has the right to receive communications and documents from the federally regulated private business in French.
Use of French in Federally Regulated Private Businesses Act — U-3.5 9.2
Rights of trade unions 9.2 (1) A trade union that represents employees of a federally regulated private business who occupy or are assigned to positions in a workplace in Quebec or a region with a strong francophone presence has the right to receive communications and documents from the federally regulated private business in French.
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58 (1) The portion of subsection 10(1) of the Act before paragraph (a) is replaced by the following: Fostering use of French 10 (1) A federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must take measures to foster the use of French in those workplaces. Those measures must include (2) The portion of subsection 10(1.1) of the Act before paragraph (a) is replaced by the following: Generalizing use of French (1.1) A committee established under paragraph (1)(c) by a federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must develop programs intended to generalize the use of French at all levels of the business in those workplaces, through the following:
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Fostering use of French 10 (1) A federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must take measures to foster the use of French in those workplaces. Those measures must include
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Adverse treatment 11 (1) A federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must not treat adversely an employee who occupies or is assigned to a position in one of those workplaces for any of the following reasons:
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60 Subsection 16(1) of the Act is replaced by the following: Part IX of Official Languages Act 16 (1) Subject to this section and subsections 41(1) and (3) and 41.1(1) and (3), Part IX of the Official Languages Act applies in respect of rights and duties under section 7.
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Part IX of Official Languages Act 16 (1) Subject to this section and subsections 41(1) and (3) and 41.1(1) and (3), Part IX of the Official Languages Act applies in respect of rights and duties under section 7.
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61 Subsection 19(1) of the Act is replaced by the following: Part IX of Official Languages Act 19 (1) Subject to this section, sections 18 and 21 and subsections 26(2), 41(2) and (4) and 41.1(2) and (4), Part IX of the Official Languages Act applies with respect to a complaint made under subsection 18(1), (1.1) or (1.2) as if the federally regulated private business that is the subject of the complaint were a federal institution.
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Part IX of Official Languages Act 19 (1) Subject to this section, sections 18 and 21 and subsections 26(2), 41(2) and (4) and 41.1(2) and (4), Part IX of the Official Languages Act applies with respect to a complaint made under subsection 18(1), (1.1) or (1.2) as if the federally regulated private business that is the subject of the complaint were a federal institution.
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62 (1) Paragraph 33(1)(b) of the Act is replaced by the following: (b) defining “close to retirement”, “conditions that could impede the learning of French”, “consumer”, “employee”, “many years of service”, “region with a strong francophone presence”, “treat adversely” and any other term or expression that is used in any of sections 5 to 13 but not defined in section 2; (2) Subsection 33(2) of the Act is replaced by the following: Different numbers (2) A regulation made under paragraph (1)(a) may specify a different number of employees for federally regulated private businesses that have workplaces in Quebec, for those that have workplaces in a region with a strong francophone presence and for those that do not have workplaces in Quebec or a region with a strong francophone presence but carry on business in Quebec or such a region. Factors for defining “region with a strong francophone presence” (2.1) In making a regulation that defines “region with a strong francophone presence” under paragraph (1)(b), the Governor in Council may take into account any factors that the Governor in Council considers appropriate, including (a) the number of francophones in a region; (b) the number of francophones in a region as a proportion of the region’s total population; and (c) the vitality and specificity of French linguistic minority communities.