Official Languages Act (R.S.C., 1985, c. 31 (4th Supp.))

Marginal note:Tabling of regulation

• 87 (1) A regulation that is proposed to be made under paragraph 38(2)(a) and prescribes any part or region of Canada for the purpose of paragraph 35(1)(a) shall be laid before each House of Parliament at least thirty sitting days before the proposed effective date thereof.

• Marginal note:Motion to disapprove proposed regulation

  (2) Where, within twenty-five sitting days after a proposed regulation is laid before either House of Parliament under subsection (1), a motion for the consideration of that House to the effect that the proposed regulation not be approved, signed by no fewer than fifteen Senators or thirty Members of the House of Commons, as the case may be, is filed with the Speaker of that House, the Speaker shall, within five sitting days after the filing of the motion, without debate or amendment, put every question necessary for the disposition of the motion.

• Marginal note:Where motion adopted

  (3) Where a motion referred to in subsection (2) is adopted by both Houses of Parliament, the proposed regulation to which the motion relates may not be made.

• Marginal note:Prorogation or dissolution of Parliament

  (4) Where Parliament dissolves or prorogues earlier than twenty-five sitting days after a proposed regulation is laid before both Houses of Parliament under subsection (1) and a motion has not been disposed of under subsection (2) in relation to the proposed regulation in both Houses of Parliament, the proposed regulation may not be made.

• Definition of sitting day

  (5) For the purposes of this section, sitting day means, in respect of either House of Parliament, a day on which that House sits.

Marginal note: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.

Marginal note: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.

Marginal note:Parliamentary and judicial powers, privileges and immunities saved

90 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.

Marginal note: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.

Marginal note:References in Acts of Parliament to the “official languages”

92 In every Act of Parliament, a reference to the “official languages” or the “official languages of Canada” shall be construed as a reference to the languages declared by subsection 16(1) of the Canadian Charter of Rights and Freedoms to be the official languages of Canada.

Marginal note:Regulations

93 The Governor in Council may make regulations

• (a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs 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; and

• (b) prescribing anything that is by this Act to be prescribed by regulation of the Governor in Council.

Marginal note: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, in consultation with the President of the Treasury Board, undertake a review of the provisions and operation of this Act.

• Marginal note:Comprehensive analysis

  (1.1) The review undertaken under subsection (1) shall include a comprehensive analysis, over the previous ten years, of the enhancement of the vitality of the English and French linguistic minority communities and of the protection and promotion of the French language in Canada.

• Marginal note:Indicators

  (1.2) The comprehensive analysis undertaken under subsection (1.1) may include any relevant

  • (a) indicators that are related to 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;

  • (b) qualitative indicators; and

  • (c) quantitative indicators, including mother tongue spoken, language most often spoken at home, rate of anglicization and francization, language transfer and language of work.

• Marginal note:Report

  (2) The Minister of Canadian Heritage 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.

PART XIIRelated Amendments

94 to 99 [Amendments]

PART XIIIConsequential Amendments

100 to 103 [Amendments]

PART XIVTransitional Provisions, Repeal and Coming into Force

Transitional

104 and 105 [Repealed, R.S., 1985, c. 31 (4th Supp.), s. 106]

106 [Amendment]

Marginal note:Persons appointed remain in office

107 The persons holding the positions referred to in subsection 34(2) immediately before the coming into force of that provision shall continue in office.

108 [Repealed, 2023, c. 15, s. 51]

Repeal

109 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote ^*110 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation.

• Return to footnote ^*[Note: Sections 1 to 93, subsection 534(3) of the Criminal Code, as enacted by section 95, and sections 96 and 98 to 109 in force September 15, 1988, and section 97 in force February 1, 1989, see SI/88-197; section 530.1 of the Criminal Code, as enacted by section 94, shall come into force in accordance with subsection 534(2) of the Criminal Code, as enacted by section 95.]