Short Title Short title 1 This Act may be cited as  An Act for the Substantive Equality of Canada’s Official Languages . PART 1 R.S., c. 31 (4th Supp.) Official Languages Act Amendments to the Act 2 (1) The fourth paragraph of the preamble to the  Official Languages Act  is replaced by the following: AND WHEREAS employees of institutions of the Parliament or government of Canada should have equal opportunities to use the official language of their choice while working together in pursuing the goals of those institutions; (2) The seventh and eighth paragraphs of the preamble to the Act are replaced by the following: AND WHEREAS the Government of Canada is committed to enhancing the vitality and supporting the development of English and French linguistic minority communities —  taking into account their uniqueness, diversity and historical and cultural contributions to Canadian  society  — as an integral part of the two official language communities of Canada, and to fostering full recognition and use of English and French in Canadian society; AND 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; AND WHEREAS the Government of Canada is committed to cooperating with provincial  and territorial  governments and their institutions to support the development of English and French linguistic minority communities, to provide services in both English and French, to respect the constitutional guarantees of minority language educational rights and to enhance opportunities for all to learn both English and French; (3) The 10th paragraph of the preamble to the Act is replaced by the following: AND WHEREAS the Government of Canada recognizes the importance of providing opportunities for everyone in Canada to learn a second official language and the contribution of everyone in Canada who speaks both official languages to a mutual appreciation between the two official language communities of Canada; AND WHEREAS the Government of Canada recognizes the importance of supporting sectors that are essential to enhancing the vitality of English and French linguistic minority communities and protecting and promoting the presence of strong institutions serving those communities; AND WHEREAS the Government of Canada recognizes that the Canadian Broadcasting Corporation contributes through its activities to enhancing the vitality of the English and French linguistic minority communities and to the protection and promotion of both official languages; AND WHEREAS the Government of Canada recognizes the importance of the contribution of francophone immigration to enhancing the vitality of French linguistic minority communities and that immigration is one of the factors that contributes to maintaining or increasing the demographic weight of those communities; AND WHEREAS the Government of Canada recognizes the presence of English or French linguistic minority communities in each province and territory; AND 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, including that 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, Quebec’s  Charter of the French language  provides that French is the official language of Quebec, 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 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; AND WHEREAS the Government of Canada recognizes that each province and territory has adopted laws, policies or programs guaranteeing service in French or recognizing the contribution of the English or French linguistic minority community to Canadian society; AND WHEREAS the Government of Canada recognizes the importance of  maintaining  and enhancing the use of languages other than English and French  and reclaiming, revitalizing and strengthening Indigenous languages  while strengthening the status and use of the official languages; AND WHEREAS all legal obligations related to the official languages apply at all times, including during emergencies; 3 Paragraph 2(b) of the Act is replaced by the following: (b) support the development of English and French linguistic minority communities  in order to protect them ; (b.1) advance the equality of status and use of the English and French languages within Canadian society,  taking into account that French is in a minority situation in Canada and North America due to the predominant use of English ; and 4 The Act is amended by adding the following after section 2: Government-wide Coordination Minister of Canadian Heritage 2.1 (1) The Minister of Canadian Heritage is responsible for exercising leadership within the Government of Canada in relation to the implementation of this Act. Coordination (2) That Minister shall, in consultation with the other ministers of the Crown, promote and encourage coordination in the implementation of this Act, including the implementation of the commitments set out in subsections 41(1) to (3). Government-wide strategy on official languages 2.2 (1) The Minister of Canadian Heritage shall, in cooperation with the other ministers of the Crown, develop and maintain a government-wide strategy that sets out the overall official languages priorities. Tabling in Parliament (2) That Minister shall cause the strategy to be tabled in each House of Parliament within the first 15 days on which that House is sitting after the strategy has been developed, and periodically after that. Accessible to public (3) That Minister shall make the strategy accessible to the public through the Internet or by any other means that that Minister considers appropriate. Process — implementation of commitment under subsection 41(4) 2.3 The Minister of Canadian Heritage shall establish a process for the Government of Canada to implement its commitment under subsection 41(4). 5 The heading before section 3 of the French version of the Act is replaced by the following: Définitions  et interprétation 6 (1) The definition  commissaire  in subsection 3(1) of the French version of the Act is replaced by the following: commissaire  Le commissaire aux langues officielles  du Canada  nommé au titre de l’article 49. ( Commissioner ) (2) Subsection 3(1) of the Act is amended by adding the following in alphabetical order: business day  means a day other than (a) a Saturday; (b) a Sunday or other holiday; and (c) a day that falls during the  seasonal recess , as defined in section 2 of the  Federal Courts Rules ; ( jour ouvrable ) 7 The Act is amended by adding the following after section 3: Language rights 3.1 For the purposes of this Act, (a) language rights are to be given a large, liberal and purposive interpretation; (b) language rights are to be interpreted in light of their remedial character; and (c) the norm for the interpretation of language rights is substantive equality. 8 (1) Subsection 7(1) of the Act is replaced by the following: Legislative instruments 7 (1) An  instrument shall be made in both official languages and, if printed and published, shall be printed and published in both official languages,  if it is  made in the execution of a legislative power conferred by or under an Act of Parliament  and (a) is made by, or with the approval of, the Governor in Council or one or more ministers of the Crown; (b) is required by or  under  an Act of Parliament to be published in the  Canada Gazette ; or (c) is of a public and general nature. (2) The portion of subsection 7(3) of the Act before paragraph (a) is replaced by the following: Exceptions (3) Subsection (1) does not, by reason only that the ordinance, by-law, law or other instrument is of a public and general nature, apply to (3) The portion of subsection 7(3) of the English version of the Act after paragraph (b) is repealed. 9 (1) Subsection 10(1) of the French version of the Act is replaced by the following: Traités 10 (1) Le gouvernement fédéral prend toutes les mesures  possibles  pour veiller à ce que les traités et conventions intervenus entre le Canada et tout autre État soient authentifiés dans les deux langues officielles. (2) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following: Federal-provincial-territorial agreements (2) The Government of Canada has the duty to ensure that the following classes of agreements between Canada and one or more provinces  or territories  are made in both official languages and that both versions are equally authoritative: (3) Paragraphs 10(2)(b) and (c) of the Act are replaced by the following: (b) agreements entered into with one or more provinces  or territories if  English and French are declared to be the official languages of any of those provinces  or territories  or  if  any of  them  requests that the agreement be made in English and French; and (c) agreements entered into with two or more provinces  or territories if their  governments do not use the same official language. (4) The portion of subsection 10(3) of the Act before paragraph (a) is replaced by the following: Regulations (3) The Governor in Council may make regulations prescribing the circumstances in which any class, specified in the regulations, of agreements that are made between Canada and one or more other states or between Canada and one or more provinces  or territories 10 Subsection 11(1) of the Act is replaced by the following: Notices, advertisements and other published matters 11 (1) A notice, advertisement or other matter that is required or authorized by or  under  an Act of Parliament to be published by or under the authority of a federal  institution  primarily for the information of members of the public shall, (a) wherever possible,  appear in publications  in general circulation within each region where the matter applies,  with  the  English version appearing  in at least one publication that  is  mainly in  English  and the  French version appearing  in at least one publication that  is  mainly in  French or those two versions appearing in at least one publication that appears equally in English and French ; and (b) if  there is no publication in general circulation within a region where the matter applies that  is  mainly in English or mainly in French  and  no publication  in general circulation within that region  that  appears equally in English and French ,  appear  in both official languages in at least one publication in general circulation within that region. Publications in electronic form (1.1) For greater certainty, a publication referred to in subsection (1) includes a publication in an electronic form. 11 (1) The portion of subsection 16(1) of the Act before paragraph (a) is replaced by the following: Duty to ensure understanding without interpreter 16 (1) Every federal court has the duty to ensure that (2) Subsection 16(3) of the Act is repealed. 12 (1) Subsection 20(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph: (a.1) the decision, order or judgment has precedential value; or (2) Subsection 20(2) of the Act is replaced by the following: Decisions, orders and judgments available in both official languages at different times (2) A decision, order or judgment  issued by a federal court , including any reasons given  for it , shall be issued first in one of the official languages and  then , at the earliest possible time, in the other official language,  with  each version to be effective from the time the first version is effective,  if (a) it is a  final decision, order or judgment  that  is not required  under  subsection (1) to be made available simultaneously in both official languages; or (b) the decision, order or judgment is required to be made available simultaneously in both official languages  under  paragraph (1)(a)  or (a.1)  but the court is of the opinion that to make the decision, order or judgment, including any reasons given  for it , available simultaneously in both official languages would occasion a delay prejudicial to the public interest or resulting in injustice or hardship to any party to the proceedings leading to its issuance. 13 Section 33 of the French version of the Act is replaced by the following: Règlements 33 Le gouverneur en conseil peut, par règlement, prendre les mesures d’incitation qu’il estime nécessaires pour  favoriser activement  les communications  avec  les institutions fédérales — autres que le Sénat, la Chambre des communes, la bibliothèque du Parlement, le bureau du conseiller sénatorial en éthique, le bureau du commissaire aux conflits d’intérêts et à l’éthique, le Service de protection parlementaire ou le bureau du directeur parlementaire du budget — et  la prestation par elles de  services dans les deux langues officielles,  si elles  sont tenues de pourvoir  ces communications et services  dans ces deux langues au titre de la présente partie. 14 Section 34 of the Act is replaced by the following: Rights relating to language of work 34 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. 15 Paragraph 35(1)(a) of the Act is replaced by the following: (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 16 (1) Paragraph 36(1)(a) of the Act is replaced by the following: (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; (2) Paragraph 36(1)(b) of the English version of the Act is replaced by the following: (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 (3) Subparagraph 36(1)(c)(i) of the Act is replaced by the following: (i) if  it is appropriate or necessary in order to create a work environment that is conducive to the effective use of both official languages,  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 (4) Subsection 36(2) of the Act is replaced by the following: 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. 17 Section 37 of the Act is replaced by the following: 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. 18 (1) Paragraphs 38(1)(a) and (b) of the Act are replaced by the following: (a) prescribing, in respect of any part or region of Canada or any place outside Canada, (i) any services,  documentation or other  work instruments that those institutions are to  make  available to  their  employees in both official languages, (ii) any  computer  systems that must be available for use in both official languages, and (iii) any supervisory or  managerial responsibilities  that are to be carried out by those institutions in both official languages; (b) prescribing any other measures that are to be taken, 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 establish and maintain work environments of those institutions that are conducive to the effective use of both official languages and accommodate the use of either official language by their employees; (2) Subparagraph 38(2)(a)(i) of the Act is replaced by the following: (i) the number and proportion of English-speaking and French-speaking employees who constitute the work force of federal institutions based in the parts, regions or places prescribed, 19 Subsection 39(2) of the Act is replaced by the following: 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 . 20 Section 40 of the Act is replaced by the following: Regulations 40 The Governor in Council may make regulations  for  the purposes of this Part. 21 Sections 41 and 42 of the Act are replaced by the following: Commitment — enhancing vitality of communities and fostering English and French 41 (1) The Government of Canada is committed to (a) enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development,  taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society ; and (b) fostering the full recognition and use of both English and French in Canadian society. Commitment — protection and promotion of French (2) The Government of Canada, recognizing that French is in a minority situation in Canada and North America due to the predominant use of English, is committed to protecting and promoting the French language. Commitment — learning in minority language (3) The Government of Canada is committed to advancing opportunities for members of English and French linguistic minority communities to pursue quality learning in their own language throughout their lives, including from early childhood to post-secondary education. Commitment — section 23 of the  Canadian Charter of Rights and Freedoms (4) The Government of Canada is committed to contributing periodically to an estimate of the number of children whose parents have, under section 23 of the  Canadian Charter of Rights and Freedoms , the right to have their children receive their instruction in the language of the English or French linguistic minority population of a province or territory, including the right to have them receive that instruction in minority language educational facilities. Duty of federal institutions — positive measures ( 5 ) Every federal institution has the duty to ensure that  the  positive measures  that it considers appropriate  are taken for the implementation of the commitments under  subsections  (1)  to (3) . Positive measures (6) Positive measures taken under subsection (5) (a) shall be concrete and taken with the intention of having a beneficial effect on the implementation of the commitments under subsections (1) to (3); (b) shall respect (i) the necessity of protecting and promoting the French language in each province and territory, taking into account that French is in a minority situation in Canada and North America due to the predominant use of English, and (ii) the necessity of considering the specific needs of each of the two official language communities of Canada, taking into account the equal importance of the two communities; and (c) may include measures, among others, to (i) promote and support the learning of English and French in Canada, (ii) foster an acceptance and appreciation of both English and French by members of the public, (iii) induce and assist organizations and institutions to project and promote the bilingual character of Canada in their activities in Canada or elsewhere, (iv) support the creation and dissemination of information in French that contributes to the advancement of scientific knowledge in any discipline, and (v) support sectors that are essential to enhancing the vitality of English and French linguistic minority communities, including the culture, education — from early childhood to post-secondary education — health, justice, employment and immigration sectors, and protect and promote the presence of strong institutions serving those communities. Potential to take positive measures and negative impacts (7) In carrying out its mandate, every federal institution shall, on the basis of analyses that the federal institution considers appropriate, (a) consider whether positive measures could potentially be taken under subsection (5); and (b) take into account the direct negative impacts that its structuring decisions may have on the commitments under subsections (1) to (3) in order to consider the possibilities for mitigating those negative impacts. Dialogue and consultation activities, research and evidence-based findings (8) The analyses referred to in subsection (7) shall be founded, to the extent possible, on the results of dialogue and consultation activities, on research and on evidence-based findings. Objective of dialogue and consultation activities (9) The objective of the dialogue and consultation activities carried out for the purposes of subsection (8) is to permit the priorities of the English and French linguistic minority communities and other stakeholders to be taken into account. Evaluation and monitoring mechanisms (10) Every federal institution shall establish evaluation and monitoring mechanisms in relation to the positive measures taken under subsection (5). 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. 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 take such measures as that Minister considers appropriate for the implementation of the commitment under subsection (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  in accordance with the licences issued to it under that Act by the Canadian Radio-television and Telecommunications Commission and subject to any applicable regulations of that 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. 22 (1) Paragraphs 43(1)(b) to (g) of the Act are replaced by the following: (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 (2) Subsection 43(2) of the Act is replaced by the following: 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 advancement and 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 . 23 The Act is amended by adding the following after section 44: 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. Contents (2) The policy shall include, among other things, (a) objectives, targets and indicators; and (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. 24 Section 45 of the Act is replaced by the following: 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. 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 . 25 (1) Subsection 46(1) of the Act is replaced by the following: 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  and subsection 41(5)  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. (2) Paragraph 46(2)(a) of the Act is repealed. (3) Subsection 46(2) of the Act is amended by adding “and” at the end of paragraph (b) and by replacing paragraphs (c) to (g) with the following: (c) delegate any of its powers  and duties  under this section  in respect of another federal institution  to the deputy  head  or other administrative  head  of  that institution . (4) Section 46 of the Act is amended by adding the following after subsection (2): For greater certainty (3) For greater certainty, the deputy head or other administrative head of a federal institution that is delegated powers or duties under paragraph (2)(c) may exercise those powers and perform those duties only in respect of that institution. Duties of Treasury Board (4) 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); (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). 26 Sections 47 and 48 of the Act are replaced by the following: 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 (4)(c) . 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. 27 Section 51 of the Act is replaced by the following: 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. 28 Section 53 of the Act is replaced by the following: 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 . 29 Section 57 of the Act is replaced by the following: 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. 30 The heading before section 58 of the Act is replaced by the following: Investigations,  Compliance Agreements and Orders 31 (1) Subsection 58(2) of the English version of the Act is replaced by the following: 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. (2) Subsection 58(4) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c): (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. 32 Subsection 61(2) of the Act is replaced by the following: 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. 33 (1) Section 62 of the Act is amended by adding the following after subsection (1): 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. (2) The portion of subsection 62(2) of the English version of the Act before paragraph (a) is replaced by the following: 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 (3) Paragraph 62(2)(b) of the French version of the Act is replaced by the following: b) que son action, ou celle d’une personne agissant en son nom  ou sous son autorité  dans l’exercice des attributions du commissaire, a été entravée. (4) The portion of subsection 62(2) of the English version of the Act after paragraph (b) is repealed. 34 Paragraph 63(1)(b) of the Act is replaced by the following: (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 35 The Act is amended by adding the following after section 63: 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. 36 (1) The Act is amended by adding the following after section 64: 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. 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. 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. 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. Commissioner’s order 64.5 (1) If, after carrying out an investigation of a complaint in respect of a right or duty under Part IV or V, the Commissioner has reasonable grounds to believe that a federal institution has contravened that Part and has made recommendations under subsection 63(3) in respect of that contravention, or in respect of an identical contravention of that Part 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. 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. 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. (2) Subsection 64.2(1) of the Act is amended by adding the following after paragraph (a): (a.1) is not permitted to issue a notice of violation under subsection 65.6(1) in respect of any matter covered under the agreement; 37 The Act is amended by adding the following after section 65: Administrative Monetary Penalties Definitions 65.1 The following definitions apply in sections  65.3  to  65.95  and subsection  66 (3). designated body  means a corporation referred to in section  65.2 . ( organisme désigné ) penalty  means an administrative monetary penalty imposed for a violation. ( sanction ) Application 65.2 Sections  65.3  to  65.95  apply to a Crown corporation — or corporation that is subject to this Act under another Act of Parliament — that (a) is designated by regulation; (b) has duties under Part IV; (c) operates in the transportation sector; and (d) engages in communications with and provides or makes available services to the travelling public. Purpose of penalty 65.3 The purpose of a penalty is to promote compliance with Part IV and not to punish. Regulations 65.4 (1) The Governor in Council may, on the recommendation of the Minister of Canadian Heritage, make regulations (a) designating any corporation for the purposes of section  65.2 ; (b) designating, as a violation that may be proceeded with in accordance with sections  65.3  to  65.95 , the contravention of any specified provision of Part IV or the regulations made under that Part in respect of specified communications and services or specified categories of communications and services; (c) fixing a penalty, or a range of penalties, in respect of each violation; (d) for the purposes of paragraph (3)(d), establishing other criteria to be considered in determining the amount of the penalty if a range of penalties is established; (e) increasing the amount of the maximum penalty set out in subsection (2); (f) respecting the service of documents required or authorized to be served under sections  65.3  to  65.95 , including the manner and proof of service and the circumstances under which documents are to be considered to be served; (g) establishing the form and content of notices of violation; and (h) generally, for carrying out the purposes and provisions of sections  65.3  to  65.95 . Maximum penalty (2) Subject to regulations made under paragraph (1)(e), the maximum penalty in respect of a violation that may be fixed under regulations made under paragraph (1)(c) is $25,000. Criteria — range of penalties (3) If a range of penalties is fixed by regulations made under paragraph (1)(c) in respect of a violation, then the Commissioner shall take into account the following criteria in determining the amount of the penalty: (a) the nature and scope of the violation; (b) the history of compliance, by the designated body that is believed to have committed the violation, with the provisions of Part IV and the regulations made under that Part that are designated by regulations made under paragraph (1)(b); (c) the designated body’s ability to pay the penalty; (d) any criteria established by regulation; and (e) any other relevant criterion. Violations 65.5 Every designated body that contravenes a provision designated by regulations made under paragraph  65.4 (1)(b) commits a violation and is liable to a penalty of an amount to be determined in accordance with regulations made under paragraph  65.4 (1)(c) and with subsection  65.4 (3). Notice of violation 65.6 (1) If, after carrying out an investigation of a complaint in respect of a right or duty under a provision designated by regulations made under paragraph  65.4 (1)(b), the Commissioner has reasonable grounds to believe that a designated body has committed a violation and has made a report under subsection  63 (1) in respect of that violation, the Commissioner may issue a notice of violation and shall cause it to be served — along with the report and any other relevant document — on the body. Limitation — compliance agreement (2) However, the Commissioner is not permitted to issue a notice of violation in respect of the subject-matter of a complaint unless, before issuing the notice of violation, the Commissioner invited the designated body to enter into a compliance agreement under subsection  64.1 (1) in respect of that subject-matter. Limitation — previous notice of violation (3) The Commissioner is not permitted to issue a notice of violation under subsection (1) in respect of the subject-matter of a complaint if that subject-matter has already been the subject of a notice of violation. Contents (4) The notice of violation shall (a) set out the name of the designated body that is believed to have committed the violation; (b) set out the relevant facts of the violation and the provision at issue; (c) set out the penalty for the violation; (d) set out the manner in which the Commissioner took into account the criteria referred to in subsection  65.4 (3) in determining the amount of the penalty, if a range of penalties is fixed for the violation by regulations made under paragraph  65.4 (1)(c); (e) inform the designated body of its right to contest the facts of the alleged violation, the penalty or both, by way of review, and specify the time within which and the manner in which to do so in accordance with section  65.9 ; (f) inform the designated body that the penalty is to be paid within 30 business days after the day on which the notice of violation is served and specify the manner in which to do so; (g) inform the designated body that, if it does not pay the penalty or exercise its right referred to in paragraph (e) within the time and in the manner set out in the notice, it will be considered to have committed the violation and that it is liable for the penalty set out in the notice; and (h) set out any other information provided by regulation. Limitation or prescription period (5) No notice of violation shall be issued in respect of a violation after the second anniversary of the day on which the Commissioner was informed of the facts of the alleged violation or the third anniversary of the day on which the facts of the alleged violation occurred, whichever is earlier. Certification by Commissioner (6) A document appearing to have been issued by the Commissioner, certifying the day on which the Commissioner was informed of the facts of the alleged violation, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Commissioner was informed of the facts of the alleged violation on that day. Payment of penalty 65.7 If a designated body that is served with a notice of violation pays the penalty set out in the notice, it is deemed to have committed the violation and the proceedings in respect of it are ended. Failure to act 65.8 A designated body that neither pays a penalty set out in a notice of violation nor requests a review within the specified time is deemed to have committed the violation and is liable for the penalty. Review by Federal Court 65.9 (1) Instead of paying the penalty set out in a notice of violation, the designated body named in the notice may, within 30 business days after the day on which the notice is served and in the manner specified in the notice, apply to the Federal Court for a review of the facts of the alleged violation or of the amount of the penalty, or both. De novo  review (2) For greater certainty, an application under subsection (1) is to be heard and determined as a new proceeding. Review with respect to facts 65.91 (1) If a designated body applies for a review with respect to the facts of an alleged violation, then on completion of the review the Federal Court shall, subject to subsection (3), (a) if it determines that the designated body committed the violation, make an order declaring that the designated body committed the violation and is liable for the penalty set out in the notice of violation; or (b) if it determines that the designated body did not commit the violation, make an order declaring that the designated body did not commit the violation and is not liable for the penalty set out in the notice of violation. Review with respect to penalty (2) If a designated body applies for a review with respect to the amount of the penalty for a violation, then on completion of the review the Federal Court shall, subject to subsection (3), (a) determine the amount of the penalty in accordance with regulations made under paragraph  65.4 (1)(c) and, if those regulations fix a range of penalties in respect of the violation, by taking into account the criteria referred to in subsection  65.4 (3); and (b) make an order declaring that the designated body is liable for a penalty of the amount that the Court determines. Review with respect to facts and penalty (3) If a designated body applies for a review with respect to both the facts of an alleged violation and the amount of the penalty for the violation, then on completion of the review the Federal Court shall, (a) if it determines that the designated body committed the violation, (i) determine the amount of the penalty in accordance with regulations made under paragraph  65.4 (1)(c) and, if those regulations fix a range of penalties in respect of the violation, by taking into account the criteria referred to in subsection  65.4 (3), and (ii) make an order declaring that the designated body committed the violation and is liable for a penalty of the amount that the Court determines; or (b) if it determines that the designated body did not commit the violation, make an order declaring that the designated body did not commit the violation and is not liable for the penalty set out in the notice of violation. Debt to Her Majesty 65.92 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless an application for review is made under section  65.9 ; and (b) if an application for review is made under section  65.9 , the amount payable under an order of the Federal Court made under paragraph  65.91 (1)(a) or (2)(b) or subparagraph 65.91(3)(a)(ii), beginning on the date of the order. Limitation or prescription period (2) Proceedings to recover a debt referred to in subsection (1) may be commenced no later than the fifth anniversary of the day on which the debt becomes payable. Proceeds payable to Receiver General (3) A debt referred to in subsection (1) that is paid or recovered is payable to and shall be remitted to the Receiver General. Certificate of default 65.93 (1) The Commissioner may issue a certificate for the unpaid amount of any debt referred to in subsection  65.92 (1). Effect of registration (2) Registration of a certificate in the Federal Court has the same effect as a judgment of that Court for a debt of the amount set out in the certificate and all related registration costs. Evidence 65.94 In a proceeding in respect of a violation, a notice purporting to be served under subsection  65.6 (1) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it. Certain defences not available 65.95 (1) A designated body named in a notice of violation does not have a defence by reason that it (a) exercised due diligence to prevent the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate it. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence applies in respect of a violation to the extent that it is consistent with this Act. 38 (1) Section 66 of the Act is renumbered as subsection 66(1) and is amended by adding the following: 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 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. (2) Section 66 of the Act is amended by adding the following after subsection (2): Part of report — administrative monetary penalties (3) The Commissioner shall include, as part of the report, in respect of each designated body concerned, (a) the number of notices of violation that the Commissioner issued under subsection  65.6 (1); (b) the relevant facts of the violations and the provisions at issue; and (c) the amount of the penalties imposed, if any. 39 Paragraph 70(b) of the Act is replaced by the following: (b) the powers, duties or functions set out in sections 63,  63.1, 64.1  to 69 and 78. 40 (1) The portion of subsection 77(2) of the English version of the Act before paragraph (a) is replaced by the following: Time limit (2) An application may be made under subsection (1) within 60 days — or within  any  further time  that  the Court may allow,  on request made  either before or after the  expiry  of those 60 days — after (2) The portion of subsection 77(2) of the English version of the Act after paragraph (c) is repealed. (3) Section 77 of the Act is amended by adding the following after subsection (4): Conflict — compliance agreement (4.1) If there is a conflict between a provision of an order made under paragraph 64.4(1)(a) and a provision of an order made under subsection (4), the order made under subsection (4) prevails to the extent of the conflict. Conflict — Commissioner’s order (4.2) If there is a conflict between a provision of an order filed under subsection 64.6(1) and a provision of an order made under subsection (4), the order made under subsection (4) prevails to the extent of the conflict. 41 (1) Section 78 of the Act is amended by adding the following after subsection (1): Exception (1.1) Despite paragraph (1)(a), if the Commissioner makes an order under subsection 64.5(1), the Commissioner (a) is not permitted to make an application under paragraph (1)(a) in respect of any matter that is the subject of the order; and (b) shall withdraw any applications that were made under paragraph (1)(a) in respect of any matter that is the subject of the order. (2) Subsection 78(3) of the English version of the Act is replaced by the following: Capacity to intervene (3) Nothing in this section abrogates or derogates from the capacity of the Commissioner to seek leave to intervene in any  judicial  proceedings relating to the status or use of English or French. 42 The Act is amended by adding the following after section 78: Review by Court — complainant 78.1 (1) A person who makes a complaint described in subsection 64.5(1) and who receives a notice under subsection 64.5(5) in respect of the complaint may, within 30 business days after the day on which the deputy head or other administrative head of the federal institution receives the notice, apply to the Court for a review of any matter that is the subject of the order set out in the notice. Review by Court — federal institution (2) A federal institution may, within 30 business days after the day on which its deputy head or other administrative head receives a notice under subsection 64.5(5), apply to the Court for a review of any matter that is the subject of the order set out in the notice. Respondents (3) A complainant who applies for a review under subsection (1) may name only the federal institution concerned as the respondent to the proceedings. A federal institution that applies for a review under subsection (2) may name only the Commissioner as the respondent to the proceedings. Deemed date of receipt (4) For the purposes of this section, the deputy head or other administrative head of the federal institution is deemed to have received the notice on the fifth business day after the date of the notice. Order stayed 78.2 (1) Subject to subsections (2) and (3), the making of an application under section 78.1 operates as a stay of the order set out in the notice received under subsection 64.5(5) until the proceedings are finally concluded. Cancellation or suspension of stay by Court (2) The Court may cancel the stay of the order or may suspend the operation of the stay temporarily subject to any terms that it considers appropriate. Part of order operative (3) Any part of the order that relates to a matter that is not the subject of the proceedings becomes operative. Party to review — federal institution 78.3 (1) If a complainant who receives a notice under subsection 64.5(5) applies to the Court for a review under subsection 78.1(1), the federal institution whose deputy head or other administrative head received the notice under subsection 64.5(5) has the right to appear as a party to the review. Party to review — complainant (2) If the federal institution whose deputy head or other administrative head receives a notice under subsection 64.5(5) applies to the Court for a review under subsection 78.1(2), the complainant who received the notice under subsection 64.5(5) has the right to appear as a party to the review. Scope of proceeding (3) If a complainant files notice of their intention to appear as a party to a review with the Court within 10 business days after the expiry of the period referred to in subsection 78.1(2), they may raise for determination by the Court any matter in respect of which they may make an application under subsection 78.1(1). Appearance by Commissioner 78.4 The Commissioner may (a) appear before the Court on behalf of a complainant; or (b) appear as a party to any review applied for under section 78.1. Service of originating document 78.5 (1) If a complainant makes an application for a review under subsection 78.1(1), they shall immediately serve a copy of the originating document on the deputy head or other administrative head of the federal institution whose deputy head or other administrative head received the notice under subsection 64.5(5). Service or notice (2) If a federal institution makes an application for a review under subsection 78.1(2), its deputy head or other administrative head shall immediately serve a copy of the originating document on the Commissioner. However, if the deputy head or other administrative head of a federal institution is served with a copy of an originating document under subsection (1), that deputy head or other administrative head shall, as soon as possible after being served, give written notice of the application to the Commissioner, unless the Commissioner has already been served with a copy of the document. De novo  review 78.6 For greater certainty, an application under section 78.1 is to be heard and determined as a new proceeding. Order of Court 78.7 The Court shall, in respect of any matter that is the subject of the proceedings, (a) make an order declaring that the federal institution concerned is required to comply with the provisions of the Commissioner’s order that relate to that matter; (b) make an order declaring that the federal institution concerned is not required to comply with the provisions of the Commissioner’s order that relate to that matter; or (c) make any other order that it considers appropriate. Incompatible provisions 78.8 (1) An order of the Court made under section 78.7 has the effect of rescinding the provisions of the Commissioner’s order relating to any matter that is the subject of the proceedings that are incompatible with the Court’s order. Specification of rescinded provisions (2) The Court must specify in any order that it makes the provisions of the Commissioner’s order that are rescinded under subsection (1). 43 (1) Subsection 81(1) of the French version of the Act is replaced by the following: Frais et dépens 81 (1) Les frais et dépens  afférents à tout recours exercé devant le tribunal sous le régime de la présente loi  sont laissés à l’appréciation du tribunal et suivent, sauf ordonnance contraire de celui-ci, le sort du principal. (2) Subsection 81(2) of the Act is replaced by the following: Costs (2) If  the Court is of the opinion that an application under section 77  or 78.1  has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result. (3) Subsection 81(2) of the Act is replaced by the following: Costs (2) If the Court is of the opinion that an application under section  65.9 , 77 or 78.1 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result. 44 Sections 83 and 84 of the Act are replaced by the following: Rights relating to other languages 83 (1) Nothing in this Act abrogates or derogates from any legal or customary right acquired or enjoyed either before or after the coming into force of this Act with respect to any language  other than  English or French,  including any Indigenous language . Maintenance of linguistic heritage (2) Nothing in this Act shall be interpreted in a manner that is inconsistent with the  maintenance  and enhancement of languages other than English or French,  nor with the reclamation, revitalization and strengthening of Indigenous languages . Consultations 84 If  the Governor in Council  proposes  to  make a regulation  under  a provision  of this Act, the minister of the Crown  who is responsible for the provision  shall, at a time and in a manner appropriate to the circumstances, seek the views of members of the English and French linguistic minority communities and,  if  appropriate, members of the public generally on  the  proposed  regulation . 45 Subsection 85(1) of the Act is replaced by the following: Tabling of draft of proposed regulation 85 (1) If  the Governor in Council proposes to make  a  regulation under  a provision  of this Act, the minister of the Crown  who is responsible for the provision  shall lay a draft of the proposed regulation before the House of Commons at least 30 days before a copy of  the  regulation is published in the  Canada Gazette  under section 86. 46 (1) Subsection 86(1) of the Act is replaced by the following: Publication of proposed regulation 86 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under  a provision of  this Act shall be published in the  Canada Gazette  at least 30 days before  its  proposed effective date, and a reasonable opportunity shall be afforded to interested persons to make representations to the  minister of the Crown who is responsible for the provision  with respect  to the proposed regulation . (2) Subsection 86(3) of the English version of the Act is replaced by the following: Calculation of 30-day period (3) In calculating the 30-day period referred to in subsection (1),  only the days  on which  both Houses  of Parliament  sit  shall be counted. 47 Subsection 87(5) of the French version of the Act is replaced by the following: Définition de  jour de séance (5) Pour l’application du présent article,  jour de séance  s’entend, à l’égard  d’une chambre  du Parlement, de tout jour où  elle  siège. 48 Sections 88 and 89 of the Act are replaced by the following: Review by parliamentary committee 88 The administration of this Act, any regulations,  policies  and directives made under this Act and the reports of the Commissioner, the President of the Treasury Board and the Minister of Canadian Heritage made under this Act shall be reviewed on a permanent basis by  any  committee of the Senate, of the House of Commons or of both Houses of Parliament  that  may be designated or established for that purpose. Section 126 of  Criminal Code 89 Section 126 of the  Criminal Code  does not apply to or in respect of any contravention of any provision of this Act or  the regulations . 49 Section 91 of the Act is replaced by the following: Staffing generally 91 Nothing in  this Act  authorizes the application of official language requirements to a particular staffing action unless those requirements are objectively required to perform the functions for which the staffing action is undertaken. 50 The Act is amended by adding the following after section 93: Review 93.1 (1) On the 10th anniversary of the day on which this section comes into force and every 10 years after that anniversary, the Minister of Canadian Heritage shall undertake a review of the provisions and operation of this Act. Report (2) That Minister shall cause a report of the review to be tabled in each House of Parliament within the first 30 days on which that House is sitting after the report has been completed. 51 Sections 107 and 108 of the Act are repealed. 1995, c. 11 Related Amendment to the  Department of Canadian Heritage Act 52 The  Department of Canadian Heritage Act  is amended by adding the following after section 7: Funding — test cases 7.1 To promote a greater understanding of human rights, fundamental freedoms and related values, the Minister may take measures to 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 human rights. Regulations Power to repeal 53 The Governor in Council may, by regulation, repeal the  C.N.R. Company Exemption Order , C.R.C., c. 1244. PART 2 Use of French in Federally Regulated Private Businesses Act Enactment of Act Enactment 54 The  Use of French in Federally Regulated Private Businesses Act  is enacted as follows: An Act respecting the use of French in federally regulated private businesses in Quebec and in regions with a strong francophone presence 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; 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; 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; 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; 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; Now therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the  Use of French in Federally Regulated Private Businesses Act . Interpretation 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 . 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. Purpose Purpose 4 The purpose of this Act is to foster and protect the use of French in federally regulated private businesses in Quebec. Non-application 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. 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). Rights and Duties Communications with and Services to Consumers 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. 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. Language of Work 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 have the right to (a) carry out their work and be supervised in French; (b) receive all communications and documents from the federally regulated private business, including offers of employment or promotion, notices of termination of employment, collective agreements and grievances, in French; and (c) use regularly and widely used work instruments and computer systems in French. Duty (2) The federally regulated private business has the duty to ensure that employees are able to exercise the rights set out in subsection (1). Communication in both official languages (3) The right set out in paragraph (1)(b) does not preclude communications and documents from being in both official languages but the use of French must be at least equivalent to the use of English. 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. 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. Adverse treatment 11 (1) A federally regulated private business that has workplaces in Quebec must not treat adversely an employee who occupies or is assigned to a position in one of those workplaces for the sole reason that the employee does not have a sufficient knowledge of a language other than French or that the employee has exercised a right under this Act or made a complaint to the Commissioner. Acquired rights in Quebec (2) A federally regulated private business that has workplaces in Quebec must not treat adversely an employee who occupies or is assigned to a position in one of those workplaces on or before the day on which this subsection comes into force for the sole reason that the employee does not have a sufficient knowledge of French. Language other than French (3) Requiring an employee to have a knowledge of a language other than French does not constitute adverse treatment for the purposes of subsection (1) if the federally regulated private business is able to demonstrate that a knowledge of that language is objectively required by reason of the nature of the work to be performed by the employee. Minister’s Role Role 12 The Minister is responsible for the administration of this Act. 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. Commissioner’s Duty 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. Remedies — Communications with and Services to Consumers 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 . 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 sec­ tion  7 . 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. Remedies — Language of Work 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. 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 employee became aware of the act or omission giving rise to the alleged failure to comply, and (b) the day on which the employee 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. 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) 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. 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. Referral to Board 21 (1) The Commissioner may, with the consent of the complainant, refer a complaint made under section  18  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. 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. 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. 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. 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. 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). 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. 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. 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. 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. No civil remedy affected 31 No civil remedy of an employee against an employer is suspended or affected by this Act. Regulations 32 The Governor in Council may make regulations for the purposes of sections  21  to  31 . General 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 section  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. 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 . 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. 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. 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. 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. 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. 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. 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 . 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. Amendments to the Act 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. 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. 57 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 58 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 59 (1) Subsection 11(1) of the Act is replaced by the following: 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 the sole reason that the employee does not have a sufficient knowledge of a language other than French or that the employee has exercised a right under this Act or made a complaint to the Commissioner. (2) Section 11 of the Act is amended by adding the following after subsection (2): Acquired rights in region with strong francophone presence (2.1) A federally regulated private business that has workplaces in 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 on or before the day on which this subsection comes into force for the sole reason that the employee does not have a sufficient knowledge of French. 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 sec­ tion 7 . 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) as if the federally regulated private business that is the subject of the complaint were a federal institution. 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. 63 The Act is amended by adding the following after section 41: Compliance agreements — regions with a strong francophone presence (communications and services) 41.1 (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 a region with a strong francophone presence in respect of a right or duty under section 7. Compliance agreements — regions with a strong francophone presence (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 a region with a strong francophone presence in respect of a right or duty under any of sections 9 to 11. Orders — regions with a strong francophone presence (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 a region with a strong francophone presence in respect of a right or duty under section 7. Orders — regions with a strong francophone presence (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 a region with a strong francophone presence in respect of a right or duty under any of sections 9 to 11. R.S., c. L-2 Related Amendments to the  Canada Labour Code 64 Subsection 9(2) of the  Canada Labour Code  is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e): (f) any other full-time or part-time members that the Governor in Council considers necessary to assist the Board in carrying out its functions under the  Use of French in Federally Regulated Private Businesses Act . 65 Subsection 10(3) of the Act is replaced by the following: Exception (3) The members of the Board appointed  under  paragraph 9(2)(e)  or (f)  are to be appointed by the Governor in Council, on the recommendation of the Minister, to hold office during good behaviour for terms not exceeding three years each, subject to removal by the Governor in Council at any time for cause. Members appointed under paragraph 9(2)(f) (3.1) The members of the Board appointed under paragraph 9(2)(f) must have experience and expertise in official language rights. 66 Subsection 11(2) of the Act is replaced by the following: Part-time occupation (2) A part-time Vice-Chairperson, or a member appointed  under  paragraph 9(2)(e)  or (f) , must not hold any other employment or office in respect of which they receive any remuneration and that is inconsistent with their duties under this Act  or the  Use of French in Federally Regulated Private Businesses Act . 67 Section 12.02 of the Act is amended by adding the following after subsection (4): Members — paragraph 9(2)(f) (5) For greater certainty, members appointed under paragraph 9(2)(f) are not permitted to vote on the making of regulations under section 15. Transitional Provision 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. PART 3 Coordinating Amendments and Coming into Force Coordinating Amendments This Act 69 On the first day on which both sections  37  and  54  of this Act are in force, (a) subsection 16(4) of the  Use of French in Federally Regulated Private Businesses Act  is replaced by the following: Non-application (4) Section 56, subsections 65(3) and (4), sections 65.1 to 65.95 and subsection 66(3) of the  Official Languages Act  do not apply in respect of complaints or investigations relating to a right or duty under section 7. (b) subsection 19(6) of the  Use of French in Federally Regulated Private Businesses Act  is replaced by the following: Non-application (6) Section 56, subsections 65(3) and (4), sections 65.1 to 65.95 and subsection 66(3) of the  Official Languages Act  do not apply in respect of the complaint. Bill C-11 70 (1) Subsections (2) and (3) apply if Bill C-11, introduced in the 1st session of the 44th Parliament and entitled the  Online Streaming Act  (in this section referred to as the “other Act”), receives royal assent. (2) On the first day on which both section 2 of the other Act and section  21  of this Act are in force, paragraph 2(3)(b) of the  Broadcasting Act  is replaced by the following: (b) the commitment of the Government of Canada to enhance the vitality of English and French linguistic minority communities in Canada and to support and assist their development, taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society, as well as to foster the full recognition and use of both English and French in Canadian society. (3) On the first day on which both section 30 of the other Act and section  21  of this Act are in force, section 42.1 of the  Official Languages Act  is replaced by the following: 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. Coming into Force First anniversary 71 (1) Section  12  comes into force on the first anniversary of the day on which this Act receives royal assent. Order in council (2) Section  23  comes into force on a day to be fixed by order of the Governor in Council. Order in council (3) Subsection  36 (2), section  37 , subsection  38 (2), section  39  and subsections  43 (1) and (3) come into force on a day to be fixed by order of the Governor in Council. Order in council (4) The provisions of the  Use of French in Federally Regulated Private Businesses Act , as enacted by section  54 , and sections  64  to  67  come into force on a day to be fixed by order of the Governor in Council. Second anniversary (5) Sections  55  to  63  come into force on the second anniversary of the day fixed under subsection (4).