Indigenous Languages Act (S.C. 2019, c. 23)
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Assented to 2019-06-21
Indigenous Languages Act
S.C. 2019, c. 23
Assented to 2019-06-21
An Act respecting Indigenous languages
RECOMMENDATION
Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting Indigenous languages”.
SUMMARY
This enactment provides, among other things, that
(a) the Government of Canada recognizes that the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 include rights related to Indigenous languages;
(b) the Minister of Canadian Heritage may enter into different types of agreements or arrangements in respect of Indigenous languages with Indigenous governments or other Indigenous governing bodies or Indigenous organizations, taking into account the unique circumstances and needs of Indigenous groups, communities and peoples; and
(c) federal institutions may cause documents to be translated into an Indigenous language or provide interpretation services to facilitate the use of an Indigenous language.
The enactment also establishes the Office of the Commissioner of Indigenous Languages and sets out its composition. The Office’s mandate and powers, duties and functions include
(a) supporting the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages;
(b) promoting public awareness of, among other things, the richness and diversity of Indigenous languages;
(c) undertaking research or studies in respect of the provision of funding for the purposes of supporting Indigenous languages and in respect of the use of Indigenous languages in Canada;
(d) providing services, including mediation or other culturally appropriate services, to facilitate the resolution of disputes; and
(e) submitting to the Minister of Canadian Heritage an annual report on, among other things, the use and vitality of Indigenous languages in Canada and the adequacy of funding provided by the Government of Canada for initiatives related to Indigenous languages.
Preamble
Whereas the recognition and implementation of rights related to Indigenous languages are at the core of reconciliation with Indigenous peoples and are fundamental to shaping the country, particularly in light of the Truth and Reconciliation Commission of Canada’s Calls to Action;
Whereas the Government of Canada is committed to implementing the United Nations Declaration on the Rights of Indigenous Peoples, which affirms rights related to Indigenous languages;
Whereas 2019 has been proclaimed by the General Assembly of the United Nations as the International Year of Indigenous Languages to, among other things, draw attention to the critical loss of Indigenous languages and the urgent need to maintain, revitalize and promote Indigenous languages;
Whereas the Government of Canada recognizes that all relations with Indigenous peoples must be based on the recognition and implementation of their right to self-determination, including the inherent right of self-government;
Whereas First Nations, the Inuit and the Métis Nation have their own collective identities, cultures and ways of life and have, throughout history and to this day, continued to live in, use and occupy the lands that are now in Canada;
Whereas Indigenous languages were the first languages used in the lands that are now in Canada and those languages have evolved over time;
Whereas Indigenous languages played a significant part in the establishment of relations between Europeans and Indigenous peoples;
Whereas Indigenous peoples have played a significant role in the development of Canada and Indigenous languages contribute to the diversity and richness of the linguistic and cultural heritage of Canada;
Whereas a history of discriminatory government policies and practices, in respect of, among other things, assimilation, forced relocation, the Sixties Scoop and residential schools, were detrimental to Indigenous languages and contributed significantly to the erosion of those languages;
Whereas the status of Indigenous languages varies from one language to another, including with respect to the vitality of those languages, and there is an urgent need to support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen them;
Whereas Indigenous languages are fundamental to the identities, cultures, spirituality, relationships to the land, world views and self-determination of Indigenous peoples;
Whereas efforts to protect the vitality of Indigenous languages contribute to the enrichment of Indigenous knowledge as well as to the prevention of the loss of cultural diversity, biodiversity and spirituality;
Whereas a variety of entities in different regions across Canada have mandates to promote the use of Indigenous languages and to support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen them and there is a need for the Government of Canada to provide continuing support for those entities;
Whereas the Government of Canada is committed to providing adequate, sustainable and long-term funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages;
Whereas Indigenous peoples are best placed to take the leading role in reclaiming, revitalizing, maintaining and strengthening Indigenous languages;
Whereas Indigenous-language media and lifelong learning of Indigenous languages, including education systems for Indigenous people, are essential to restoring and maintaining fluency in those languages;
Whereas a flexible approach that takes into account the unique circumstances and needs of Indigenous groups, communities and peoples is required in light of the diversity of identities, cultures and histories of Indigenous peoples;
And whereas there is a need to take into account the unique circumstances and needs of Indigenous elders, youth, children, persons with disabilities, women, men and gender-diverse persons and two-spirit persons;
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
Marginal note:Short title
1 This Act may be cited as the Indigenous Languages Act.
Interpretation
Marginal note:Definitions
2 The following definitions apply in this Act.
- appropriate Minister
appropriate Minister has the same meaning as in section 2 of the Financial Administration Act. (ministre compétent)
- Commissioner
Commissioner means the Commissioner of Indigenous Languages appointed under section 13. (English version only)
- federal institution
federal institution means an entity that is referred to in any of paragraphs (a) to (b) and (d) of the definition department in section 2 of the Financial Administration Act or a Crown corporation, as defined in subsection 83(1) of that Act. (institution fédérale)
- Indigenous governing body
Indigenous governing body means a council, government 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. (corps dirigeant autochtone)
- Indigenous organization
Indigenous organization means an Indigenous entity that represents the interests of an Indigenous group and its members or, other than in section 45, that is specialized in Indigenous languages. (organisme autochtone)
- Indigenous peoples
Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones)
- Minister
Minister means the Minister of Canadian Heritage. (ministre)
- Office
Office means the Office of the Commissioner of Indigenous Languages established under section 12. (English version only)
Marginal note:Rights of Indigenous peoples
3 This Act is to be construed as upholding the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982, and not as abrogating or derogating from them.
Marginal note:Inconsistency or conflict
4 In the event of any inconsistency or conflict between this Act and a treaty — including a land claims agreement — or a self-government agreement, the treaty or self-government agreement prevails to the extent of the inconsistency or conflict.
Purposes of Act
Marginal note:Purposes
5 The purposes of this Act are to
(a) support and promote the use of Indigenous languages, including Indigenous sign languages;
(b) support the efforts of Indigenous peoples to reclaim, revitalize, maintain and strengthen Indigenous languages, including their efforts to
(i) assess the status of distinct Indigenous languages,
(ii) plan initiatives and activities for restoring and maintaining fluency in Indigenous languages,
(iii) create technological tools, educational materials and permanent records of Indigenous languages, including audio and video recordings of fluent speakers of the languages and written materials such as dictionaries, lexicons and grammars of the languages, for the purposes of, among other things, the maintenance and transmission of the languages,
(iv) support Indigenous language learning and cultural activities — including language nest, mentorship and immersion programs — to increase the number of new speakers of Indigenous languages,
(v) support entities specialized in Indigenous languages, and
(vi) undertake research or studies in respect of Indigenous languages;
(c) establish a framework to facilitate the effective exercise of the rights of Indigenous peoples that relate to Indigenous languages, including by way of agreements or arrangements referred to in sections 8 and 9;
(d) establish measures to facilitate the provision of adequate, sustainable and long-term funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages;
(e) facilitate cooperation with provincial and territorial governments, Indigenous governments and other Indigenous governing bodies, Indigenous organizations and other entities in a manner consistent with the rights of Indigenous peoples and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories;
(e.1) facilitate meaningful opportunities for Indigenous governments and other Indigenous governing bodies and Indigenous organizations to collaborate in policy development related to the implementation of this Act;
(f) respond to the Truth and Reconciliation Commission of Canada’s Calls to Action numbers 13 to 15; and
(g) contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples as it relates to Indigenous languages.
Rights Related to Indigenous Languages
Marginal note:Recognition by Government of Canada
6 The Government of Canada recognizes that the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 include rights related to Indigenous languages.
Powers, Duties and Functions of Minister
Marginal note:Consultations — adequate, sustainable and long-term funding
7 The Minister must consult with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations in order to meet the objective of providing adequate, sustainable and long-term funding for the reclamation, revitalization, maintenance and strengthening of Indigenous languages.
Marginal note:Cooperation to support Indigenous languages
8 The Minister may cooperate with provincial or territorial governments, Indigenous governments or other Indigenous governing bodies, Indigenous organizations or other entities — including by entering into agreements or arrangements with them for purposes such as providing Indigenous language programs and services in relation to education, health and the administration of justice — to coordinate efforts to efficiently and effectively support Indigenous languages in Canada in a manner consistent with the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories.
Marginal note:Agreements or arrangements — purposes of Act
9 Taking into account the unique circumstances and needs of Indigenous groups, communities and peoples and the research or studies referred to in section 24 and in a manner consistent with the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the powers and jurisdictions of Indigenous governing bodies and of the provinces and territories, the Minister and an appropriate Minister may enter into an agreement or arrangement to further the purposes of this Act with a provincial or territorial government, an Indigenous government or other Indigenous governing body or an Indigenous organization.
Marginal note:Other agreements
10 For greater certainty, sections 8 and 9, and any agreement referred to in those sections, are not to be construed as preventing
(a) any person or entity from relying on a provision relating to the reclamation, revitalization, maintenance or strengthening of an Indigenous language that is contained in a treaty — including a land claims agreement — or a self-government agreement; or
(b) an Indigenous government or other Indigenous governing body from entering into, with the Government of Canada or the government of a province or territory, a treaty — including a land claims agreement — or a self-government agreement that provides, among other things, for the reclamation, revitalization, maintenance or strengthening of an Indigenous language.
Federal Institutions
Marginal note:Access to services in Indigenous languages
10.1 A federal institution or its agent or mandatary may, in accordance with the regulations, provide access to services in an Indigenous language, if the institution or its agent or mandatary has the capacity to do so and there is sufficient demand for access to those services in that language.
Marginal note:Agreements and arrangements
10.2 (1) An agreement or arrangement may be entered into under section 8 or 9 for the purpose of allowing a federal institution or its agent or mandatary to provide access to services in an Indigenous language.
Marginal note:Inconsistency or conflict
(2) In the event of any inconsistency or conflict between an agreement or arrangement referred to in subsection (1) and the regulations made under paragraph 45(1)(a.2), the agreement or arrangement prevails to the extent of the inconsistency or conflict.
Marginal note:Translation and interpretation
11 A federal institution may cause
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