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

Regulations are current to 2016-08-15 and last amended on 2007-07-31. Previous Versions

Official Languages (Communications with and Services to the Public) Regulations

SOR/92-48

OFFICIAL LANGUAGES ACT

Registration 1991-12-16

Regulations Respecting Communications with and Services to the Public in Either Official Language

P.C. 1991-2541  1991-12-16

Whereas, pursuant to section 84 of the Official Languages ActFootnote *, the President of the Treasury Board has sought the views of members of the English and French linguistic minority communities and members of the public generally on the proposed Regulations concerning communications with and services to the public in either official language;

Whereas, pursuant to section 85 of the said Act, the President of the Treasury Board has laid a draft of the proposed Regulations before the House of Commons on November 8, 1990, which date is at least thirty days before a copy of the proposed Regulations was published in the Canada Gazette under section 86 of the said Act;

And Whereas, pursuant to section 86 of the said Act, the proposed Regulations were published in the Canada Gazette on March 23, 1991, which date is at least thirty days before the proposed effective date thereof, and a reasonable opportunity was thereby afforded to interested persons to make representations to the President of the Treasury Board with respect thereto;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Treasury Board, pursuant to section 32 of the Official Languages ActFootnote *, is pleased hereby to make the annexed Regulations respecting communications with and services to the public in either official language.

Short Title

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

Interpretation

 In these Regulations,

Act

Act means the Official Languages Act; (Loi)

CMA

CMA means a census metropolitan area, excluding Ottawa-Hull, as used by Statistics Canada for the purposes of the census referred to in section 3; (région métropolitaine de recensement)

CSD

CSD means a census subdivision, excluding any CSD or any part thereof within the National Capital Region, as used by Statistics Canada for the purposes of the census referred to in section 3; (subdivision de recensement)

immigration services

immigration services means services that are provided, powers that are exercised and duties and functions that are performed by an immigration officer under the Immigration and Refugee Protection Act, other than services provided, powers exercised or duties or functions performed under that Act by an officer as defined in section 2 of the Customs Act; (services d’immigration)

Method I

Method I means the method of estimating first official language spoken that is described as Method I in Population Estimates by First Official Language Spoken, published by Statistics Canada in September 1989, which method gives consideration, firstly, to knowledge of the official languages, secondly, to mother tongue, and thirdly, to language spoken in the home, with any cases in which the available information is not sufficient for Statistics Canada to decide between English and French as the first official language spoken being distributed equally between English and French; (méthode I)

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)

  • 2001, c. 27, s. 273.

PART ISignificant Demand

Definition of English or French Linguistic Minority Population

 English or French linguistic minority population means that portion of the population in a province in which an office or facility of a federal institution is located that is the numerically lower official language population in the province, as determined by Statistics Canada under Method I on the basis of

  • (a) for the purposes of paragraphs 5(1)(a), (b) and (d) to (r), subsection 5(2) and paragraph 7(4)(a),

    • (i) before the results of the 1991 census of population are published, the 1986 census of population taken pursuant to the Statistics Act, and

    • (ii) after the results of the 1991 census of population are published, the most recent decennial census of population for which results are published; and

  • (b) for the purposes of paragraphs 5(1)(c) and 6(1)(d) and (2)(c), subparagraphs 6(2)(d)(i) and 7(4)(c)(ii) and (iii) and paragraph 7(4)(d), the 1986 census of population taken pursuant to the Statistics Act.

Calculation of Population Numbers

  •  (1) 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 estimated number of persons of that population in that province, CMA, CSD or service area as determined by Statistics Canada under Method I on the basis of the census referred to in section 3.

  • (2) For the purposes of this Part, the total population in a province, CMA, CSD or service area is equal to the estimated total population, excluding institutional residents as defined in Population Estimates by First Official Language Spoken, published by Statistics Canada in September 1989, in that province, CMA, CSD or service area as determined by Statistics Canada on the basis of the census referred to in section 3.

General Circumstances

  •  (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 linguistic minority population within the CMA, and

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

    • (c) the office or facility is located in a province in which the English or French linguistic minority population is equal to at least 5 per cent of the total population in the province and 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 (vi) and those services are not available in both official languages at one office plus 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 two of those offices or facilities, the choice of which depends on

      • (i) the distribution of the linguistic minority population within the CMA, and

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

    • (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 (vi), and at that office or facility over a year at least 5 per cent of the demand from the public for services is in the official language of that population;

    • (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 related to income security programs of the Department of National Health and Welfare,

      • (ii) services of a post office,

      • (iii) services of an employment centre of the Department of Employment and Immigration,

      • (iv) services of an office of the Department of National Revenue (Taxation),

      • (v) services of an office of the Department of the Secretary of State of Canada, or

      • (vi) services of an office of the Public Service Commission;

    • (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 (vi) 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 linguistic minority population within the CMA, and

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

    • (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;

    • (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 linguistic minority population within the CSD, and

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

    • (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 per cent 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 (vii) and at that office or facility over a year at least 5 per cent of the demand from the public for services is in the official language of the 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 related to income security programs of the Department of National Health and Welfare,

      • (ii) services of a post office,

      • (iii) services of an employment centre of the Department of Employment and Immigration,

      • (iv) services of an office of the Department of National Revenue (Taxation),

      • (v) services of an office of the Department of the Secretary of State of Canada,

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

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

    • (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 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 any of the services referred to in subparagraphs (l)(i) to (vii) 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 linguistic minority population within the CSD, and

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

    • (n) the office or facility is located outside a CMA and within a CSD that it serves, the CSD has at least 200 and fewer than 500 persons of the English or French linguistic minority population, the number of those persons is equal to at least 5 per cent 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 (vii) and at that office or facility over a year at least 5 per cent of the demand from the public for services is in the official language of the 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 and fewer than 500 persons of the English or French linguistic minority population, the number of those persons is equal to at least 5 per cent of the total population in the CSD, the office or facility provides any of the services referred to in subparagraphs (l)(i) to (vii) and those services are not available in both official languages at at least one office or facility of the institution in the CSD;

    • (p) 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 per cent of the total population in the CSD and the office or facility provides any of the services referred to in subparagraphs (l)(i) to (vii);

    • (q) 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 under Method I on the basis of the census referred to in section 3, or cannot be disclosed by Statistics Canada for reasons of confidentiality, and at that office or facility over a year at least 5 per cent of the demand from the public for services is in the official language of that population; or

    • (r) 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 under Method I on the basis of the census referred to in section 3 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 over a year at least 5 per cent of the demand from the public for services is in the official language of that population.

  • (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.

  • (4) Subsections (1) to (3) do not apply in respect of

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

    • (b) an office or facility described in any of paragraphs 6(1)(b) to (e), subsection 6(2) or section 7.

 
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