Official Languages Act

Version of section 38 from 2007-07-09 to 2015-06-22:

Marginal note:Regulations
  •  (1) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner,

    • (a) prescribing, in respect of any part or region of Canada or any place outside Canada,

      • (i) any services or work instruments that are to be made available by those institutions in both official languages to officers or employees of those institutions,

      • (ii) any automated systems for the processing and communication of data that must be available for use in both official languages, and

      • (iii) any supervisory or management functions 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 officers and employees;

    • (c) requiring that either or both official languages be used in communications with offices of those institutions that are located in any part or region of Canada, or any place outside Canada, specified in the regulations;

    • (d) prescribing the manner in which any duties of those institutions under this Part or the regulations made under this Part in relation to the use of both official languages are to be carried out; and

    • (e) prescribing obligations of those institutions in relation to the use of the official languages of Canada by the institutions in respect of offices in parts or regions of Canada not prescribed for the purpose of paragraph 35(1)(a), having regard to the equality of status of both official languages.

  • Marginal note:Idem

    (2) The Governor in Council may make regulations

    • (a) adding to or deleting from the regions of Canada prescribed by subsection 35(2) or prescribing any other part or region of Canada, or any place outside Canada, for the purpose of paragraph 35(1)(a), having regard to

      • (i) the number and proportion of English-speaking and French-speaking officers and employees who constitute the work force of federal institutions based in the parts, regions or places prescribed,

      • (ii) the number and proportion of English-speaking and French-speaking persons resident in the parts or regions prescribed, and

      • (iii) any other factors that the Governor in Council considers appropriate; and

    • (b) substituting, with respect to any federal institution other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, a duty in relation to the use of the official languages of Canada in place of a duty under section 36 or the regulations made under subsection (1), having regard to the equality of status of both official languages, if there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.

  • R.S., 1985, c. 31 (4th Supp.), s. 38;
  • 2004, c. 7, s. 28;
  • 2006, c. 9, s. 22.
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