Official Languages (Communications with and Services to the Public) Regulations (SOR/92-48)

Short Title

1 These Regulations may be cited as the Official Languages (Communications with and Services to the Public) Regulations.

Interpretation

2 The following definitions apply in these Regulations.

Act

Act means the Official Languages Act. (Loi)

CMA

CMA means a census metropolitan area, excluding Ottawa-Gatineau, as used by Statistics Canada for the purposes of the most recent decennial census of population. (région métropolitaine de recensement)

CSD

CSD means a census subdivision, excluding any census subdivision or any part of a census subdivision within the National Capital Region, as used by Statistics Canada for the purposes of the most recent decennial census of population. (subdivision de recensement)

immigration services

immigration services[Repealed, SOR/2019-242, s. 1]

Method I

Method I[Repealed, SOR/2019-242, s. 1]

regional economic development agency

regional economic development agency means the Atlantic Canada Opportunities Agency, the Economic Development Agency of Canada for the Regions of Quebec, the Canadian Northern Economic Development Agency, the Federal Economic Development Agency for Southern Ontario, the Federal Economic Development Initiative for Northern Ontario and the Department of Western Economic Diversification. (organisme de développement économique régional)

route

route means

• (a) for the purposes of paragraphs 7(4)(c) and (d), a route on which a federal institution provides the travelling public with a transportation service by aircraft or train that is carried out by a single conveyance, and

• (b) for the purposes of subsection 7(2) and paragraph 7(4)(e), a route on which a federal institution provides the travelling public with a two-way transportation service by aircraft, train or ferry between the starting and finishing points of a flight, train run or ferry crossing that is carried out by a single conveyance between those two points, with or without intermediate stops. (trajet)

2.1 For the purposes of paragraph 32(2)(a) of the Act and these Regulations, English or French linguistic minority population means all persons, in a province in which an office or facility of a federal institution is located, for whom the first language, or one of the first languages, learned at home in childhood and still understood, is the minority official language and those who speak the minority official language at home, as determined by Statistics Canada based on the published data from the most recent decennial census of population.

PART ISignificant Demand

3 [Repealed, SOR/2019-242, s. 3]

Calculation of Population Numbers

4 For the purposes of this Part, the number of persons of the English or French linguistic minority population in a province, CMA, CSD or service area is equal to the total number of the persons for whom the first language, or one of the first languages, learned at home in childhood and still understood, is the minority official language and those who speak the minority official language at home, as determined by Statistics Canada based on the published data from the most recent decennial census of population.

General Circumstances

• 5 (1) For the purposes of paragraph 22(b) of the Act, there is significant demand for communications with and services from an office or facility of a federal institution in both official languages where

  • (a) the office or facility is located in a CMA that has at least 5,000 persons of the English or French linguistic minority population and is the only office or facility of the institution in the CMA that provides a certain service;

  • (b) the office or facility is located in a CMA that has at least 5,000 persons of the English or French linguistic minority population, the office or facility is one of two or more offices or facilities of the institution in the CMA that provide the same services and those services are not available in both official languages at a proportion of those offices or facilities that is at least equal to the proportion of that population in the CMA to the total population in the CMA or, if the number representing that proportion of offices is equal to less than one, at at least one of those offices or facilities, the choice of which depends on

    • (i) the distribution of the English or French linguistic minority population within the CMA,

    • (ii) the mandate of the offices or facilities that provide those services, their clientele and their location within the CMA, and

    • (iii) the advice received after consultation with the English or French linguistic minority population that is served by those offices or facilities;

  • (c) the office or facility is located in a CMA that has a population of at least 1,000,000 persons, the office or facility is one of two or more offices or facilities of the institution in the CMA that provide any of the services referred to in subparagraphs (f)(i) to (viii) and those services are not available in both official languages at a number of offices or facilities equal to one plus a proportion of those offices or facilities that is at least equal to the proportion of the English or French linguistic minority population in the CMA, the choice of which offices or facilities depends on
    

    • (i) the distribution of the English or French linguistic minority population within the CMA,

    • (ii) the mandate of the offices or facilities that provide those services, their clientele and their location within the CMA, and

    • (iii) the advice received after consultation with the English or French linguistic minority population that is served by those offices or facilities;

  • (d) the office or facility is located in a CMA that has fewer than 5,000 persons of the English or French linguistic minority population and does not provide any of the services referred to in subparagraphs (f)(i) to (viii), and at that office or facility during a year at least 5% of the demand from the public for services is in the official language of that population;

  • (d.1) the office or facility is located in a CMA that has fewer than 5,000 persons of the English or French linguistic minority population and the service area of the office or facility has at least one minority language primary or secondary public educational facility;

  • (e) the office or facility is located in a CMA that has fewer than 5,000 persons of the English or French linguistic minority population and the service area of the office or facility has at least 5,000 persons of the linguistic minority population;

  • (f) the office or facility is located in a CMA that has fewer than 5,000 persons of the English or French linguistic minority population and is the only office or facility of the institution in the CMA that provides

    • (i) services of a Service Canada Centre of the Department of Employment and Social Development,

    • (ii) services of a passport point of service,

    • (iii) services of a post office,

    • (iv) services of an office of the Business Development Bank of Canada,

    • (v) services of an office of the Canada Revenue Agency,

    • (vi) services of an office of the Department of Canadian Heritage,

    • (vii) services of an office of the Public Service Commission, or

    • (viii) services of a regional economic development agency;

  • (g) the office or facility is located in a CMA that has fewer than 5,000 persons of the English or French linguistic minority population, the office or facility is one of two or more offices or facilities of the institution in the CMA that provide any of the services referred to in subparagraphs (f)(i) to (viii) and those services are not available in both official languages at a proportion of those offices or facilities that is at least equal to the proportion of that population in the CMA to the total population in the CMA or, if the number representing that proportion of offices or facilities is less than one, at at least one of those offices or facilities, the choice of which depends on

    • (i) the distribution of the English or French linguistic minority population within the CMA,

    • (ii) the mandate of the offices or facilities that provide those services, their clientele and their location within the CMA, and

    • (iii) the advice received after consultation with the English or French linguistic minority population that is served by those offices or facilities;

  • (h) the office or facility is located outside a CMA and within a CSD and

    • (i) the service area of the office or facility has at least 500 persons of the English or French linguistic minority population and the number of those persons is equal to at least 5 per cent of the total population of that service area,

    • (ii) the service area of the office or facility has at least 5,000 persons of the English or French linguistic minority population,

    • (iii) the office or facility serves the CSD and is the only office or facility of the institution in the CSD that provides a certain service, the CSD has at least 500 persons of the English or French linguistic minority population and the number of those persons is equal to at least 5 per cent of the total population in the CSD, or

    • (iv) the service area of the office or facility includes all or part of two or more provinces in which the languages of the English or French linguistic minority populations are not the same;

  • (h.1) the office or facility is located outside a CMA and within a CSD and the service area of the office or facility has at least one minority language primary or secondary public educational facility;

  • (i) the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 500 persons of the English or French linguistic minority population, the number of those persons is equal to at least 5 per cent and less than 30 per cent of the total population in the CSD, the office or facility is one of two or more offices or facilities of the institution in the CSD that provide the same services and those services are not available in both official languages at a proportion of those offices or facilities that is at least equal to the proportion of that population in the CSD to the total population in the CSD or, if the number representing that proportion of offices is equal to less than one, at at least one of those offices or facilities, the choice of which depends on

    • (i) the distribution of the English or French linguistic minority population within the CSD,

    • (ii) the mandate of the offices or facilities that provide those services, their clientele and their location within the CSD, and

    • (iii) the advice received after consultation with the English or French linguistic minority population that is served by those offices or facilities;

  • (j) the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 500 persons of the English or French linguistic minority population, the number of those persons is equal to at least 30 per cent of the total population in the CSD and the office or facility is one of two or more offices or facilities of the institution in the CSD that provide the same services;

  • (k) the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 500 persons of the English or French linguistic minority population, the number of those persons is equal to less than 5% of the total population in the CSD, the office or facility does not provide any of the services referred to in subparagraphs (l)(i) to (ix) and at that office or facility during a year at least 5% of the demand from the public for services is in the official language of the English or French linguistic minority population;

  • (l) the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 500 persons of the English or French linguistic minority population, the number of those persons is equal to less than 5 per cent of the total population in the CSD and the office or facility is the only office or facility of the institution in the CSD that provides

    • (i) services of a Service Canada Centre of the Department of Employment and Social Development,

    • (ii) services of a passport point of service,

    • (iii) services of a post office,

    • (iv) services of an office of the Business Development Bank of Canada,

    • (v) services of an office of the Canada Revenue Agency,

    • (vi) services of an office of the Department of Canadian Heritage,

    • (vii) services of a detachment of the Royal Canadian Mounted Police,

    • (viii) services of an office of the Public Service Commission, or

    • (ix) services of a regional economic development agency;

  • (m) the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 500 persons of the English or French linguistic minority population, the number of those persons is equal to less than 5% of the total population in the CSD, the office or facility is one of two or more offices or facilities of the institution in the CSD that provide any of the services referred to in subparagraphs (l)(i) to (ix) and those services are not available in both official languages at a proportion of those offices or facilities that is at least equal to the proportion of that population in the CSD to the total population in the CSD or, if the number representing that proportion of offices or facilities is less than one, at at least one of those offices or facilities, the choice of which depends on

    • (i) the distribution of the English or French linguistic minority population within the CSD,

    • (ii) the mandate of the offices or facilities that provide those services, their clientele and their location within the CSD, and

    • (iii) the advice received after consultation with the English or French linguistic minority population that is served by those offices or facilities;

  • (n) the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 200 but fewer than 500 persons of the English or French linguistic minority population, the number of those persons is equal to at least 5% of the total population in the CSD, the office or facility does not provide any of the services referred to in subparagraphs (l)(i) to (ix) and at that office or facility during a year at least 5% of the demand from the public for services is in the official language of the English or French linguistic minority population;

  • (o) the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 200 but fewer than 500 persons of the English or French linguistic minority population, the number of those persons is equal to at least 5% of the total population in the CSD, the office or facility is the only office or facility of the institution in the CSD that provides any of the services referred to in subparagraphs (l)(i) to (ix);

  • (p) the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 200 persons but fewer than 500 persons of the English or French linguistic minority population, the number of those persons is equal to at least 5% of the total population in the CSD, the office or facility is one of two or more offices or facilities of the institution in the CSD that provides any of the services referred to in subparagraphs (l)(i) to (ix) and those services are not available in both official languages at a proportion of those offices or facilities that is at least equal to the proportion of that population in the CSD to the total population in the CSD or, if the number representing that proportion of offices is less than one, at least one of those offices or facilities, the choice of which depends on

    • (i) the distribution of the English or French linguistic minority population within the CSD,

    • (ii) the mandate of the offices or facilities that provide those services, their clientele and their location within the CSD, and

    • (iii) the advice received after consultation with the English or French linguistic minority population that is served by those offices or facilities;

  • (q) the office or facility is located outside a CMA and within a CSD that it serves, the CSD has fewer than 200 persons of the English or French linguistic minority population, the number of those persons is equal to at least 30% of the total population in the CSD and the office or facility provides any of the services referred to in subparagraphs (l)(i) to (ix);

  • (r) the office or facility is located outside a CMA and within a CSD that it serves, the number of persons of the English or French linguistic minority population in the CSD has not been determined by Statistics Canada, or cannot be disclosed by it for reasons of confidentiality, and at that office or facility during a year at least 5% of the demand from the public for services is in the official language of that population;

  • (s) the office or facility is located outside a CMA and within a CSD, the number of persons of the English or French linguistic minority population in the service area of the office or facility cannot be determined by Statistics Canada because of the nature of the service area or cannot be disclosed by Statistics Canada for reasons of confidentiality, and at that office or facility during a year at least 5% of the demand from the public for services is in the official language of that population; or

  • (t) the office or facility is located on an island that is accessible only by boat or by plane and the English or French linguistic minority population is equal to at least 30% of the total population of the island.

• (2) For the purposes of paragraph 22(b) of the Act, there is significant demand for communications with and services from an office or facility of a federal institution in the official language that is not the official language of the English or French linguistic minority population where the office or facility is located in Canada and is not an office or facility at which there is significant demand in both official languages under subsection (1).

• (3) For the purposes of paragraph 22(b) of the Act, there is significant demand for communications with and services from an office or facility of a federal institution in an official language where the office or facility is located outside Canada and at that office or facility over a year at least 5 per cent of the demand from the public for services is in that language.

• (3.1) For the purposes of paragraphs (1)(b), (c), (g), (h), (i), (j), (l), (m), (o), (p) and (q), there is significant demand for communications with and services from an office or facility of a federal institution in both official languages if there is currently a significant demand for communications with and services from the office or facility in both official languages under one of those paragraphs and the English or French linguistic minority population referred to in that paragraph has remained the same or has increased based on data from the most recent decennial census of population.

• (4) Subsections (1), (2) and (3) do not apply in respect of

  • (a) services described in paragraph 6(1)(a);

  • (b) an office or facility described in any of paragraphs 6(1)(b) and (e) and subsections 6(2) and 7(2) to (4).

Specific Circumstances

• 6 (1) For the purposes of paragraph 22(b) of the Act, there is significant demand for communications with and services from an office or facility of a federal institution in an official language where

  • (a) the services provided by the office or facility are provided to a restricted clientele, the members of which are identifiable, those services are specifically intended for that clientele and at that office or facility over a year at least 5 per cent of the demand from that clientele for those services is in that language;

  • (b) the office or facility provides ship-to-shore communications services, including coast radio station services and vessel traffic services, and at that office or facility over a year at least 5 per cent of the demand from the public for those services is in that language;

  • (c) [Repealed, SOR/2019-242, s. 6]

  • (d) the office or facility is located at a point of entry into Canada, other than an airport or a ferry terminal, in Ontario, Quebec or New Brunswick, and at that office or facility during a year at least 5% of the demand from the public for services is in the minority official language;

  • (e) the office or facility provides search and rescue services from a vessel that has long-range capabilities or from an aircraft, the vessel or aircraft from which the service is provided is distinctively marked by the Department of National Defence or the Canadian Coast Guard as a search and rescue vessel or aircraft or is crewed by the Department of National Defence with personnel specially trained for search and rescue operations, and at that office or facility over a year at least 5 per cent of the demand from the public for those services is in that language; or

  • (f) the office or facility is a Royal Canadian Mounted Police detachment that provides services in a province to sections of the Trans-Canada Highway where there is a point of entry to another province that is officially bilingual, and over a year at least 5 per cent of the demand from the public for those services is in that language.

• (2) For the purposes of paragraph 22(b) of the Act, there is significant demand for communications with and services from an office or facility of a federal institution in both official languages where

  • (a) the office or facility provides ship-to-shore communications services, including coast radio station services and vessel traffic services, and the service area of the office or facility includes all or a portion of the Bay of Fundy, the St. Lawrence River or the Gulf of St. Lawrence up to the innermost limit of Cabot Strait, but not including Cabot Strait, and up to the southern limit of the Strait of Belle Isle, but not including the Strait of Belle Isle;

  • (b) the office or facility provides air traffic control services and related advisory services in circumstances in which either official language may be used in accordance with sections 602.133 and 602.134 of the Canadian Aviation Regulations;

  • (c) the office or facility is located at a point of entry into Canada, other than an airport or ferry terminal, in Ontario, Quebec or New Brunswick, and at that point of entry at least 500,000 persons come into Canada during a year; or

  • (d) the office or facility provides search and rescue services from a vessel that has long-range capabilities or from an aircraft, the vessel or aircraft from which the service is provided is distinctively marked by the Department of National Defence or the Canadian Coast Guard as a search and rescue vessel or aircraft or is crewed by the Department of National Defence with personnel specially trained for search and rescue operations, and the office or facility provides those services

    • (i) in or over Ontario, Quebec or New Brunswick,

    • (ii) in or over Hudson Bay, Hudson Strait or James Bay, or

    • (iii) in or over an area that falls within the boundaries of the Halifax Search and Rescue Region as set out in Annex 3B of the National Search and Rescue Manual, published by the Department of National Defence and the Canadian Coast Guard, as amended from time to time.

• 7 (1) For the purposes of subsection 23(1) of the Act, there is significant demand for services to the travelling public, other than air traffic control services and related advisory services, from an office or facility of a federal institution in both official languages if the facility is an airport, railway station or ferry terminal or the office is located at an airport, railway station or ferry terminal and at that airport, railway station or ferry terminal over a year at least 5% of the demand from the public for services is in the minority official language.

• (2) For the purposes of subsection 23(1) of the Act, there is significant demand for services to the travelling public from an office or facility of a federal institution in an official language where the office or facility provides those services on a route and on that route over a year at least 5 per cent of the demand from the travelling public for services is in that language.

• (3) For the purposes of subsection 23(1) of the Act, there is significant demand for services to the travelling public, other than air traffic control services and related advisory services, from an office or facility of a federal institution in both official languages where the facility is an airport or the office is located in an airport and over a year the total number of emplaned and deplaned passengers at that airport is at least 1,000,000.

• (4) For the purposes of subsection 23(1) of the Act, there is significant demand for services to the travelling public from an office or facility of a federal institution in both official languages where

  • (a) the facility is a railway station that serves the travelling public and

    • (i) is located in a CMA that has at least 5,000 persons of the English or French linguistic minority population, or

    • (ii) is located outside a CMA and within a CSD that has at least 500 persons of the English or French linguistic minority population and the number of those persons is equal to at least 5 per cent of the total population of the CSD;

  • (b) the facility is a ferry terminal located in Canada and over a year the total number of arriving and departing passengers at that ferry terminal is at least 100,000;

  • (c) the office or facility provides those services on board an aircraft

    • (i) on a route that starts, has an intermediate stop or finishes at an airport located in the National Capital Region, the CMA of Montreal or the City of Moncton or in such proximity to that Region, CMA or City that it primarily serves that Region, CMA or City,

    • (ii) on a route that starts and finishes at airports both of which are located in Ontario, Quebec or New Brunswick, or

    • (iii) on a route that starts and finishes at airports that are located in two of those provinces;

  • (d) the office or facility provides those services on board a train

    • (i) on an interprovincial route that starts in, finishes in or passes through Ontario, Quebec or New Brunswick, or

    • (ii) on a route that starts and finishes at railway stations both of which are located in Ontario, Quebec or New Brunswick; or

  • (e) the office or facility provides those services on board a ferry on a route on which over a year there are at least 100,000 passengers.

• (5) For the purposes of subsection 23(1) of the Act, there is significant demand for services to the travelling public, other than air traffic control services and related advisory services, from an office or facility of a federal institution in both official languages if the office or facility is a train station or airport and is located in a provincial or territorial capital or the office or facility is located in an airport that is located in a provincial or territorial capital.

PART IINature of the Office

Health, Safety and Security of the Public

8 For the purposes of paragraph 24(1)(a) of the Act, the circumstances that relate to the health, safety or security of members of the public are the following:

• (a) where an office or facility of a federal institution provides emergency services, including first aid services, in a clinic or health care unit at an airport, railway station or ferry terminal;

• (b) where an office or facility of a federal institution uses signage that includes words or standardized public announcements regarding health, safety or security in respect of

  • (i) passengers on aircraft, trains or ferries,

  • (ii) members of the public at airports, railway stations or ferry terminals, or

  • (iii) members of the public in or on the grounds of federal buildings; and

• (c) where an office or facility of a federal institution uses written notices or signage that includes words for alerting the public to hazards of a radioactive, explosive, chemical, biological or environmental nature or to other hazards of a similar nature.

Location of the Office

9 For the purposes of paragraph 24(1)(a) of the Act, the circumstances that relate to the location of an office or facility of a federal institution are the following:

• (a) where the office or facility is located in a park as defined in subsection 2(1) of the Canada National Parks Act or on land set aside as a national historic site under section 42 of that Act and the office or facility does not provide the services referred to in paragraph (b);

• (b) where the office or facility is located in a park or on land referred to in paragraph (a), the office or facility is one of two or more offices or facilities in the park or on the land that provide the services of a post office and those services are not available in both official languages at at least one of those offices or facilities;

• (c) where the office or facility is located in such proximity to a park or land referred to in paragraph (a) that it provides specific services for visitors to the park or land and those services are not available in that park or on that land;

• (d) where the office or facility is located in the Yukon Territory, serves the public generally and, of all offices or facilities of the institution in the Yukon Territory, is the office or facility at which over a year there is the greatest number of persons using the French language to request services;

• (e) where the office or facility is located in the Northwest Territories, serves the public generally and, of all offices or facilities of the institution in the Northwest Territories, is the office or facility at which over a year there is the greatest number of persons using the French language to request services; and

• (f) where the office or facility is located in Nunavut, serves the public generally and, of all offices or facilities of the institution in Nunavut, is the office or facility at which during a year there is the greatest number of persons using the French language to request services.

National or International Mandate of the Office

10 For the purposes of paragraph 24(1)(a) of the Act, the circumstances that relate to the national or international mandate of an office of a federal institution are the following:

• (a) where the office is a diplomatic mission or consular post or an office of the Department of Citizenship and Immigration that is located in a diplomatic mission or consular post;

• (b) where the office is responsible for organizing or hosting an exposition, fair, exhibition, competition or game of national or international scope that is open to the public;

• (c) where the office participates in an event referred to in paragraph (b); and

• (d) where the office is located in a province at a point of entry into Canada, other than an airport, and which, among those points of entry into Canada for the same province, has the greatest number of persons coming into Canada during a year.

• (e) [Repealed, SOR/2019-242, s. 10]

Other Circumstances

11 For the purposes of paragraph 24(1)(b) of the Act, the circumstances in which it is reasonable that communications with and services from an office or facility of a federal institution be available in both official languages are the following:

• (a) where the office or facility serves one or more entire provinces and those services are

  • (i) correspondence services,

  • (ii) offered by means of toll-free long-distance telephone services, or

  • (iii) offered by means of local telephone services, if the office or facility provides the same services by means of toll-free long-distance telephone services;

• (b) where those communications and services are made available by the office or facility through an automated system accessible to the public and the communications and services are directly related to the operation of the system or consist of providing material or information that originated with the institution;

• (c) where those communications and services are the provision in an airport, railway station or ferry terminal of signage, including information display systems with respect to aircraft, train or ferry transportation services or baggage pick-up; and

• (d) where those communications and services are offered by the office or facility by means of video conferencing services.

PART IIIContract for Services to the Travelling Public

• 12 (1) For the purposes of subsection 23(2) of the Act, services to the travelling public are the following:

  • (a) restaurant, cafeteria, car rental, travel insurance, ground transportation dispatch, foreign exchange, duty free shop and hotel services;

  • (b) self-service equipment, including automated banking machines and vending machines, and the provision of instructions for the use of public telephones and electronic games; and

  • (c) passenger screening and boarding services, public announcements and the provision of other information to the public, and carrier services, including counter services for tickets and check-in but excluding carrier services in respect of buses provided at railway stations or ferry terminals.

• (2) Where a service referred to in subsection (1) is provided by means of printed or pre-recorded material, such as signs, notices and menus, car rental contracts and travel insurance policies for the travelling public, the material shall be provided in both official languages.

• (3) Where a service referred to in subsection (1) is provided by means other than those referred to in subsection (2), the service shall be offered to the travelling public by such means as will enable any member of that public to obtain those services in the official language of his or her choice.

PART IVTen-Year Review

13 The Minister must ensure that a review of these Regulations and their administration and operation is conducted 10 years after this section comes into force and every 10 years after that, and must cause a report on the review to be laid before each House of Parliament on any of the first 30 days on which that House is sitting after the report is completed.