GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Universal Child Care Benefit Act — U-3.2 10
Payment out of C.R.F. 10 All amounts payable by the Minister under section 4 shall be paid out of the Consolidated Revenue Fund.
Universal Child Care Benefit Act — U-3.2 74
74 (2) Subsection (1) applies after June 2011.
Universal Child Care Benefit Act — U-3.2 75
75 (2) Subsection (1) applies to payments in respect of months after June 2011.
Use of French in Federally Regulated Private Businesses Act — U-3.5 Preamble
Preamble Whereas nothing in the Canadian Charter of Rights and Freedoms limits the authority of Parliament to advance the equality of status or use of English and French;
Use of French in Federally Regulated Private Businesses Act — U-3.5
Whereas the Government of Canada is committed to protecting and promoting the French language, recognizing that French is in a minority situation in Canada and North America due to the predominant use of English;
Use of French in Federally Regulated Private Businesses Act — U-3.5
Whereas the Government of Canada recognizes 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;
Use of French in Federally Regulated Private Businesses Act — U-3.5
Whereas consumers in Quebec or a region with a strong francophone presence should have the right to communicate in French with and obtain available services in French from federally regulated private businesses that carry on business in Quebec or the region;
Use of French in Federally Regulated Private Businesses Act — U-3.5
And whereas employees of federally regulated private businesses who work in Quebec or a region with a strong francophone presence should have the right to work in French;
Use of French in Federally Regulated Private Businesses Act — U-3.5
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Use of French in Federally Regulated Private Businesses Act — U-3.5 1
Short title 1 This Act may be cited as the Use of French in Federally Regulated Private Businesses Act .
Use of French in Federally Regulated Private Businesses Act — U-3.5 2
Definitions 2 (1) The following definitions apply in this Act. Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code . ( Conseil ) Commissioner means the Commissioner of Official Languages for Canada appointed under section 49 of the Official Languages Act . ( commissaire ) federally regulated private business means a person that employs employees on or in connection with a federal work, undertaking or business as defined in section 2 of the Canada Labour Code but does not include (a) a person that employs fewer employees than the number of employees specified in the regulations; (b) a corporation that is incorporated to perform functions on behalf of the Government of Canada; (c) a corporation that is subject to the Official Languages Act under another Act of Parliament; or (d) a council, government, corporation or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 . ( entreprise privée de compétence fédérale ) Minister means the Minister of Canadian Heritage. ( ministre ) parties , in relation to a complaint made to the Commissioner, means the complainant, the federally regulated private business that is the subject of the complaint and any other person added as a party to the complaint. ( parties ) Board (2) For the purposes of this Act, the Board is considered to be composed only of the members described in paragraphs 9(2)(a), (b), (e) and (f) of the Canada Labour Code .
Use of French in Federally Regulated Private Businesses Act — U-3.5
Board means the Canada Industrial Relations Board established by section 9 of the Canada Labour Code . ( Conseil )
Use of French in Federally Regulated Private Businesses Act — U-3.5
Commissioner means the Commissioner of Official Languages for Canada appointed under section 49 of the Official Languages Act . ( commissaire )
Use of French in Federally Regulated Private Businesses Act — U-3.5 (a)
federally regulated private business means a person that employs employees on or in connection with a federal work, undertaking or business as defined in section 2 of the Canada Labour Code but does not include (a) a person that employs fewer employees than the number of employees specified in the regulations; (b) a corporation that is incorporated to perform functions on behalf of the Government of Canada; (c) a corporation that is subject to the Official Languages Act under another Act of Parliament; or (d) a council, government, corporation or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 . ( entreprise privée de compétence fédérale )
Use of French in Federally Regulated Private Businesses Act — U-3.5
Minister means the Minister of Canadian Heritage. ( ministre )
Use of French in Federally Regulated Private Businesses Act — U-3.5
parties , in relation to a complaint made to the Commissioner, means the complainant, the federally regulated private business that is the subject of the complaint and any other person added as a party to the complaint. ( parties )
Use of French in Federally Regulated Private Businesses Act — U-3.5 3
Language rights 3 For the purposes of this Act, language rights (a) are to be given a large, liberal and purposive interpretation; and (b) are to be interpreted in light of their remedial character.
Use of French in Federally Regulated Private Businesses Act — U-3.5 4
Purpose 4 The purpose of this Act is to foster and protect the use of French in federally regulated private businesses in Quebec.
Use of French in Federally Regulated Private Businesses Act — U-3.5 5
Broadcasting 5 This Act does not apply in relation to a federally regulated private business in respect of activities or workplaces related to the broadcasting sector.
Use of French in Federally Regulated Private Businesses Act — U-3.5 6
Charter of the French language 6 (1) In relation to communications with or services provided to consumers in Quebec or in relation to workplaces in Quebec, Quebec’s Charter of the French language applies instead of this Act to a federally regulated private business if the federally regulated private business chooses to be subject to Quebec’s Charter of the French language . Notice (2) A federally regulated private business must, in accordance with the regulations, give notice of the day on which it will become or cease to be subject to Quebec’s Charter of the French language . Agreement with Quebec (3) The Minister may, on behalf of the Government of Canada and with the approval of the Governor in Council, enter into an agreement with the Government of Quebec for the purpose of giving effect to subsection (1).
Use of French in Federally Regulated Private Businesses Act — U-3.5 7
Communications and services in French 7 (1) Consumers in Quebec 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. Duty (2) The federally regulated private business has the duty to ensure that consumers are able to exercise the rights set out in subsection (1). For greater certainty (3) For greater certainty, the rights set out in subsection (1) do not preclude consumers from communicating with or obtaining services from the federally regulated private business in English or a language other than French if they wish to do so and the federally regulated private business is able to communicate or provide services in that language.
Use of French in Federally Regulated Private Businesses Act — U-3.5 8
Scope of duty 8 The duty in respect of communications and services in French under section 7 applies in respect of oral and written communications and in respect of any documents or activities that relate to those communications or services.
Use of French in Federally Regulated Private Businesses Act — U-3.5 9.1
Duty — arbitral awards 9.1 A federally regulated private business that has workplaces in Quebec has the duty to ensure that an arbitral award that results from the arbitration of a grievance or dispute regarding the negotiation, renewal or review of a collective agreement respecting employees of the business who occupy or are assigned to positions in one of those workplaces (a) is issued in French or, if it is issued in English or another language other than French, is translated into French without delay at the expense of the business and provided to the parties to the arbitration in both linguistic versions at the same time; and (b) is translated into English or another language other than French as soon as feasible and at the expense of the business, if it was issued exclusively in French and a party to the arbitration requests a translation into the language other than 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 has the right to receive communications and documents from the federally regulated private business in French. Duty (2) The federally regulated private business has the duty to ensure that a trade union is able to exercise the right set out in subsection (1). Communication in a language other than French (3) For greater certainty, the right set out in subsection (1) does not preclude communications and documents from also being in English or another language other than French but, in the case of widely distributed communications and any documents, the use of French must be at least equivalent to the use of the language other than French.
Use of French in Federally Regulated Private Businesses Act — U-3.5 10
Fostering use of French 10 (1) A federally regulated private business that has workplaces in Quebec must take measures to foster the use of French in those workplaces. Those measures must include (a) informing employees that it is subject to this Act; (b) informing employees who occupy or are assigned to positions in those workplaces of their language of work rights and available remedies; and (c) establishing a committee to support the management group that is responsible for the general direction of the federally regulated private business in the fostering of French and its use within the federally regulated private business. Generalizing use of French (1.1) A committee established under paragraph (1)(c) by a federally regulated private business that has workplaces in Quebec must develop programs intended to generalize the use of French at all levels of the business in those workplaces, through the following: (a) all members of the management group and employees having a good knowledge of French; (b) an increase, if necessary, in the number of persons who have a good knowledge of French in order to ensure that it is used generally; (c) the use of French as the language of work and of internal communications; (d) the use of French in the working documents, work instruments and computer systems used in the business; (e) the use of French terminology; (f) the use of French in information technologies; and (g) any other means that the committee considers appropriate. Employee needs (2) In developing the measures referred to in subsection (1), the federally regulated private business must consider the needs of employees who are close to retirement, have many years of service or have conditions that could impede the learning of French. Communication in a language other than French (3) For greater certainty, programs referred to in subsection (1.1) do not preclude communications and documents from also being in English or another language other than French but, in the case of widely distributed communications and any documents, the use of French must be at least equivalent to the use of the language other than French.
Use of French in Federally Regulated Private Businesses Act — U-3.5 12
Role 12 The Minister is responsible for the administration of this Act.
Use of French in Federally Regulated Private Businesses Act — U-3.5 13
Promotion of rights 13 The Minister is responsible for promoting the rights set out in subsections 7 (1) and 9 (1) and for providing assistance, education and information to federally regulated private businesses in relation to those rights.
Use of French in Federally Regulated Private Businesses Act — U-3.5 14
Duty 14 (1) It is the Commissioner’s duty to take all actions and measures within the Commissioner’s authority with a view to ensuring recognition of the rights and respect for the duties under this Act concerning the use of French in communications with and services to consumers and as a language of work in relation to federally regulated private businesses, and the fostering by those businesses of the use of French in their workplaces as required by this Act. Investigations (2) It is Commissioner’s duty, for the purpose set out in subsection (1), to (a) conduct and carry out investigations either as a result of a complaint made to the Commissioner or, in the case of a right or duty under section 7 , on the Commissioner’s own initiative; and (b) report and make recommendations with respect to those investigations in accordance with this Act.
Use of French in Federally Regulated Private Businesses Act — U-3.5 15
Complaint to Commissioner 15 Any individual or group of individuals may make a complaint to the Commissioner, regardless of the official language spoken by the individual or individuals in the group, if they believe that a federally regulated private business has failed to comply with section 7 .
Use of French in Federally Regulated Private Businesses Act — U-3.5 16
Part IX of Official Languages Act 16 (1) Subject to this section and subsections 41 (1) and (3), Part IX of the Official Languages Act applies in respect of rights and duties under section 7 . References (2) For the purpose of applying Part IX of the Official Languages Act , (a) a reference in that Part to a federal institution is to be read as a reference to a federally regulated private business; (b) a reference in that Part to the deputy head or other administrative head is to be read as a reference to the chief executive officer or the person designated by the chief executive officer; (c) a reference in subsection 64.5(1) of that Part to Part IV or V is to be read as a reference to section 7 ; and (d) a reference in that Part to “this Act” is to be read as a reference to this Act. Report (3) For the purposes of subsections 62(2) and 63(1) of the Official Languages Act , the Commissioner must make a report only to the chief executive officer of the federally regulated private business or the person designated by the chief executive officer. Non-application (4) Section 56 and subsections 65(3) and (4) of the Official Languages Act do not apply in respect of complaints or investigations relating to a right or duty under section 7 .
Use of French in Federally Regulated Private Businesses Act — U-3.5 17
Part X of Official Languages Act 17 (1) Part X of the Official Languages Act applies in respect of complaints made in respect of a right or duty under section 7 . References (2) For the purpose of applying Part X of the Official Languages Act , (a) a reference in that Part to a federal institution is to be read as a reference to a federally regulated private business; (b) a reference in that Part to the deputy head or other administrative head is to be read as a reference to the chief executive officer or the person designated by the chief executive officer; and (c) a reference in that Part to “this Act” is to be read as a reference to this Act.
Use of French in Federally Regulated Private Businesses Act — U-3.5 18
Complaint to Commissioner 18 (1) An employee referred to in any of sections 9 to 11 may make a complaint to the Commissioner if the employee believes that the federally regulated private business that employs them has failed to comply with any of those sections. Complaint to Commissioner — former employees (1.1) A person who was an employee referred to in section 9 may make a complaint to the Commissioner if the person believes that the federally regulated private business that employed them has failed to comply with subsection 9(2) in relation to the right continued under subsection 9(1.1). Complaint to Commissioner — potential employees (1.2) A person who has a demonstrable interest in a position referred to in subsection 9(2.1) may make a complaint to the Commissioner if the person believes that a federally regulated private business has failed to comply with that subsection in respect of the position. Limitation or prescription period (2) The complaint must be made no later than the 90th day after the earlier of (a) the day on which the complainant became aware of the act or omission giving rise to the alleged failure to comply, and (b) the day on which the complainant ought, in the Commissioner’s opinion, to have become aware of that act or omission. Extension (3) The Commissioner may extend the 90-day period (a) if the Commissioner is satisfied that a complaint was made in that period to a government official who had no authority to deal with the complaint but that the complainant believed the official had that authority; or (b) in any other circumstance that is prescribed by regulation of the Governor in Council.
Use of French in Federally Regulated Private Businesses Act — U-3.5 19
Part IX of Official Languages Act 19 (1) Subject to this section, sections 18 and 21 and subsections 26 (2) and 41 (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. No investigation (2) The Commissioner is not permitted to conduct or carry out any investigation on the Commissioner’s own initiative in respect of a right or duty under any of sections 9 to 11 . Reference to deputy head (3) A reference in Part IX of the Official Languages Act to a deputy head or other administrative head of a federal institution is to be read as a reference to the chief executive officer of the federally regulated private business or the person designated by the chief executive officer. Report (4) For the purposes of subsections 62(2) and 63(1) of the Official Languages Act , the Commissioner is to make a report only to the chief executive officer of the federally regulated private business or the person designated by the chief executive officer. Reference to certain Parts (5) A reference in subsection 64.5(1) of the Official Languages Act to Part IV or V is to be read as a reference to sections 9 to 11 . Non-application (6) Section 56 and subsections 65(3) and (4) of the Official Languages Act do not apply in respect of the complaint. Special report (7) The Commissioner may make a special report under subsection 67(1) of the Official Languages Act with respect to a complaint referred to the Board under section 21 only after the Board has decided whether the complaint is well-founded. Reference to “this Act” (8) A reference in Part IX of the Official Languages Act to “this Act” is to be read as a reference to this Act.
Use of French in Federally Regulated Private Businesses Act — U-3.5 20
Part X of Official Languages Act 20 (1) Subject to subsection 21 (5), Part X of the Official Languages Act applies in respect of complaints made in respect of a right or duty under any of sections 9 to 11 . References (2) For the purpose of applying Part X of the Official Languages Act , (a) a reference in that Part to a federal institution is to be read as a reference to a federally regulated private business; (b) a reference in that Part to the deputy head or other administrative head is to be read as a reference to the chief executive officer or the person designated by the chief executive officer; and (c) a reference in that Part to “this Act” is to be read as a reference to this Act.
Use of French in Federally Regulated Private Businesses Act — U-3.5 21
Referral to Board 21 (1) The Commissioner may, with the consent of the complainant, refer a complaint made under subsection 18(1) to the Board if the Commissioner has attempted to resolve the complaint but is of the opinion that (a) the Commissioner will not be able to resolve the complaint within what the Commissioner considers to be a reasonable period; and (b) the Board is better placed to deal with the complaint, in light of (i) the nature and complexity of the complaint, or (ii) the seriousness of the alleged failure to comply. Limitation (2) However, the Commissioner is not permitted to refer a complaint to the Board if the Commissioner has, in respect of the complaint, (a) entered into a compliance agreement under subsection 64.1(1) of the Official Languages Act with the federally regulated private business that is the subject of the complaint; or (b) made an order with respect to that federally regulated private business under subsection 64.5(1) of that Act. Notice to parties (3) Before referring the complaint to the Board, the Commissioner must provide the parties with reasonable notice of the Commissioner’s intention to do so and provide the parties with an opportunity to make representations. Document or evidence (4) Once the complaint is referred to the Board, the Commissioner must provide the Board with any document or evidence in respect of the complaint that the Commissioner considers relevant. Non-application (5) Part X of the Official Languages Act no longer applies with respect to the complaint after it has been referred to the Board.
Use of French in Federally Regulated Private Businesses Act — U-3.5 22
Board’s decision 22 (1) The Board must decide whether a complaint referred to it by the Commissioner is well-founded. Assignment or appointment (2) The Chairperson of the Board may assign a panel of members of the Board or a member of the Board, or may appoint an external adjudicator, to deal with the complaint. Member presiding over panel (3) If the Chairperson assigns a panel of members to deal with the complaint, the Chairperson must designate a member of the panel to preside over it. Powers, duties and functions (4) A panel of members of the Board, a member of the Board and an external adjudicator have all the powers, duties and functions that are conferred on the Board under this Act with respect to any complaint that has been assigned to them or in respect of which they have been appointed, as the case may be, other than the power under section 26 . Deemed decision of Board (5) A decision made by a panel of members of the Board, a member of the Board or an external adjudicator is deemed to be a decision made by the Board. Decision of panel (6) A decision made by a majority of the members of a panel or, if there is no majority, by the member presiding over the panel is a decision of the panel. Death or incapacity (7) In the event of the death or incapacity of a member of a panel, the member presiding over the panel may determine any matter that was before the panel and that member’s decision is deemed to be the decision of the panel. Limitation of liability (8) Members of the Board and external adjudicators are not personally liable, either civilly or criminally, for anything done or omitted to be done by them in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on them under this Act. External adjudicator — remuneration and expenses (9) An external adjudicator must be paid the remuneration and the fees that may be fixed by the Chairperson and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.