An Act for the Substantive Equality of Canada’s Official Languages (S.C. 2023, c. 15)
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Assented to 2023-06-20
PART 1R.S., c. 31 (4th Supp.)Official Languages Act (continued)
Amendments to the Act (continued)
23 The Act is amended by adding the following after section 44:
Marginal note:Policy on francophone immigration
44.1 (1) The Minister of Citizenship and Immigration shall adopt a policy on francophone immigration to enhance the vitality of French linguistic minority communities in Canada, including by restoring and increasing their demographic weight.
Marginal note:Contents
(2) The policy shall include, among other things,
(a) objectives, targets and indicators;
(a.1) mechanisms for information sharing and for reporting;
(b) a statement that the Government of Canada recognizes that immigration is one of the factors that contributes to maintaining or increasing the demographic weight of French linguistic minority communities in Canada; and
(c) a statement that the Government of Canada recognizes the importance of francophone immigration to economic development.
24 Section 45 of the Act is replaced by the following:
Marginal note:Consultation and negotiation — provinces and territories
45 Any minister of the Crown designated by the Governor in Council may consult and may negotiate agreements with the provincial and territorial governments to ensure, to the greatest practical extent but subject to Part IV, that the provision of federal, provincial, territorial, municipal and education services in both official languages is coordinated and that regard is had to the needs of the recipients of those services.
Marginal note:Cooperation — provinces and territories
45.1 (1) The Government of Canada recognizes the importance of cooperating with provincial and territorial governments in the implementation of this Part, taking into account the diversity of the provincial and territorial language regimes that contribute to the advancement of the equality of status and use of English and French in Canadian society, including that
(a) the Constitution of Canada provides every person with the right to use English or French in the debates of the Houses of the Legislature of Quebec and those of the Legislature of Manitoba and the right to use English or French in any pleading or process in or from the courts of those provinces;
(b) Quebec’s Charter of the French language provides that French is the official language of Quebec;
(c) the Constitution of Canada provides that English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick; and
(d) the Constitution of Canada provides that the English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges.
Marginal note:For greater certainty
(2) For greater certainty, the implementation of this Part shall be carried out while respecting the jurisdiction and powers of the provinces and territories.
25 (1) Subsection 46(1) of the Act is replaced by the following:
Marginal note:Responsibilities of Treasury Board
46 (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI, subsection 41(5) and paragraph 41(7)(a.1) in all 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 and office of the Parliamentary Budget Officer.
(2) Paragraph 46(2)(a) of the Act is repealed.
(3) Paragraphs 46(2)(c) to (g) of the Act are repealed.
(4) Section 46 of the Act is amended by adding the following after subsection (2):
Marginal note:Duties of Treasury Board
(3) In carrying out its responsibilities under subsection (1), the Treasury Board shall
(a) establish policies, recommend policies to the Governor in Council or issue directives to give effect to Parts IV, V and VI;
(b) in consultation with the Minister of Canadian Heritage, establish policies, recommend policies to the Governor in Council or issue directives to give effect to subsection 41(5) and paragraph 41(7)(a.1);
(c) monitor and audit federal institutions in respect of which it has responsibility for their compliance with policies, directives and regulations of the Treasury Board or the Governor in Council relating to the official languages of Canada;
(d) evaluate the effectiveness and efficiency of policies and programs of federal institutions relating to the official languages of Canada;
(e) provide information to the public and to employees of federal institutions relating to the policies, directives and programs that give effect to Parts IV, V and VI; and
(f) provide information to employees of federal institutions relating to the policies, directives and programs that give effect to subsection 41(5) and paragraph 41(7)(a.1).
26 Sections 47 and 48 of the Act are replaced by the following:
Marginal note:Audit reports to Commissioner
47 The Chief Human Resources Officer appointed under subsection 6(2.1) of the Financial Administration Act shall provide the Commissioner with any audit reports that are prepared under paragraph 46(3)(c).
Marginal note:Annual report to Parliament
48 The President of the Treasury Board shall, within such time as is reasonably practicable after the termination of each financial year, submit an annual report to Parliament on the exercise of the Treasury Board’s powers and the performance of its duties and functions conferred under this Act and the status of programs relating to the official languages of Canada in the various federal institutions in respect of which it has responsibility under section 46.
27 Section 51 of the Act is replaced by the following:
Marginal note:Staff
51 The employees that are necessary for the proper conduct of the work of the office of the Commissioner shall be appointed in the manner authorized by law.
28 Section 53 of the Act is replaced by the following:
Marginal note:Public Service Superannuation Act
53 The Commissioner and the employees of the office of the Commissioner appointed under section 51 shall be deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act.
29 Section 57 of the Act is replaced by the following:
Marginal note:Review of regulations, policies and directives
57 The Commissioner may initiate a review of any regulations, policies or directives made under this Act, and any other regulations, policies or directives that affect or may affect the status or use of the official languages, and may refer to and comment on any findings on the review in a report made to Parliament under section 66 or 67.
30 The heading before section 58 of the Act is replaced by the following:
Investigations, Compliance Agreements and Orders
31 (1) Subsection 58(2) of the English version of the Act is replaced by the following:
Marginal note:Who may make complaint
(2) A complaint may be made to the Commissioner by any person or group of persons, regardless of the official language that they speak.
(2) Subsection 58(4) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c):
(d) the complaint was not made within a reasonable time after the subject-matter of the complaint arose;
(e) the subject-matter of the complaint has already been the subject of a report by the Commissioner under subsection 63(1);
(f) the federal institution concerned has taken corrective measures to resolve the complaint; or
(g) the Commissioner has entered into a compliance agreement under subsection 64.1(1) in respect of the subject-matter of the complaint.
32 Subsection 61(2) of the Act is replaced by the following:
Marginal note:Receiving and obtaining information
(2) The Commissioner may direct that information relating to any investigation under this Act be received or obtained, in whole or in part, by any employee of the office of the Commissioner appointed under section 51 and that employee shall, subject to any restrictions or limitations that the Commissioner may specify, have all the powers and duties of the Commissioner under this Act in relation to the receiving or obtaining of that information.
33 (1) Section 62 of the Act is amended by adding the following after subsection (1):
Marginal note:Alternative dispute resolution
(1.1) The Commissioner may, at any time in the course of an investigation, attempt to resolve a complaint by means of a process of alternative dispute resolution, other than arbitration.
(2) The portion of subsection 62(2) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Report — threats, intimidation, discrimination or obstruction
(2) The Commissioner may provide a report with reasons to the President of the Treasury Board and the deputy head or other administrative head of any federal institution concerned if the Commissioner believes on reasonable grounds that
(3) Paragraph 62(2)(b) of the French version of the Act is replaced by the following:
b) que son action, ou celle d’une personne agissant en son nom ou sous son autorité dans l’exercice des attributions du commissaire, a été entravée.
(4) The portion of subsection 62(2) of the English version of the Act after paragraph (b) is repealed.
34 Paragraph 63(1)(b) of the Act is replaced by the following:
(b) any Act or regulations, or any policy or directive of the Governor in Council or the Treasury Board, should be reconsidered or any practice that leads or is likely to lead to a contravention of this Act should be altered or discontinued, or
35 The Act is amended by adding the following after section 63:
Marginal note:Publication
63.1 (1) After carrying out an investigation under this Act, the Commissioner may make any of the following information public:
(a) a summary of the investigation;
(b) the findings of the investigation;
(c) any recommendations made by the Commissioner under subsection 63(3).
Marginal note:Identifying information
(2) The Commissioner shall ensure that the information made public under subsection (1) is not in a form that could reasonably be expected to identify the complainant or any individual.
Marginal note:Notice
(3) Before making the information public, the Commissioner shall give to the deputy head or other administrative head of any federal institution concerned at least 30 business days’ notice of the Commissioner’s intention to make it public.
36 (1) The Act is amended by adding the following after section 64:
Marginal note:Compliance agreement
64.1 (1) If, at any time during the course of or after carrying out an investigation, the Commissioner has reasonable grounds to believe that a federal institution has contravened this Act, the Commissioner may enter into a compliance agreement with that federal institution aimed at ensuring compliance with this Act.
Marginal note:Other party
(2) The complainant may, at the invitation of the Commissioner, be made a party to the compliance agreement.
Marginal note:Terms
(3) A compliance agreement may contain any terms that the Commissioner considers necessary to ensure compliance with this Act.
Marginal note:Effect of compliance agreement — Commissioner
64.2 (1) Once a compliance agreement is entered into, the Commissioner
(a) is not permitted to make an order under subsection 64.5(1) in respect of any matter covered under the agreement;
(b) is not permitted to make an application under paragraph 78(1)(a) in respect of any matter covered under the agreement; and
(c) shall apply to the Federal Court for the suspension of any pending applications that the Commissioner made under paragraph 78(1)(a) in respect of any matter covered under the agreement.
Marginal note:Effect of compliance agreement — complainant
(2) The complainant, if they are a party to the compliance agreement entered into,
(a) is not permitted to make an application under subsection 77(1) in respect of any matter covered under the agreement; and
(b) shall apply to the Federal Court for the suspension of any pending applications that they made under subsection 77(1) in respect of any matter covered under the agreement.
Marginal note:Compliance agreement complied with
64.3 If the Commissioner is of the opinion that a federal institution has complied with a compliance agreement,
(a) the Commissioner shall provide written notice to that effect to the federal institution and, if the complainant is a party to the agreement, to the complainant;
(b) the Commissioner shall withdraw any applications that the Commissioner made under paragraph 78(1)(a) in respect of any matter covered under the agreement; and
(c) the complainant, if they are a party to the agreement, shall withdraw any applications that they made under subsection 77(1) in respect of any matter covered under the agreement.
Marginal note:Compliance agreement not complied with
64.4 (1) If the Commissioner is of the opinion that a federal institution has not complied with a compliance agreement, the Commissioner shall provide written notice to that effect to the deputy head or other administrative head of the federal institution and to the complainant, if they are a party to the agreement, and may apply to the Federal Court
(a) for an order requiring the federal institution to comply with the agreement, in addition to any other remedies that the Federal Court may give; or
(b) for a remedy in accordance with paragraph 78(1)(a) or for the reinstatement of proceedings that have been suspended as a result of any application made under paragraph 64.2(1)(c).
Marginal note:Parties to proceedings
(2) A federal institution whose deputy head or other administrative head receives a notice under subsection (1), and a complainant who receives a notice under that subsection, have the right to appear as parties to the proceedings.
Marginal note:Complainant
(3) On receipt of the notice, the complainant may apply to the Federal Court for a remedy in accordance with subsection 77(1) or for the reinstatement of proceedings that have been suspended as a result of an application made under paragraph 64.2(2)(b).
Marginal note:Time for application
(4) Despite subsection 77(2) and paragraph 78(1)(a) but subject to subsection 77(3), the application shall be made within one year after the date of the notice or within any longer period that the Federal Court may, either before or after the expiry of that year, allow.
Marginal note:Commissioner’s order
64.5 (1) If, after carrying out an investigation of a complaint, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or violated a right — under Part IV or V and has made recommendations under subsection 63(3) in respect of that contravention or violation, or in respect of an identical contravention of that duty or violation of that right by the institution, the Commissioner may make an order directing that institution to take any action that the Commissioner considers appropriate to rectify the contravention or violation.
Marginal note:Limitation
(2) However, the Commissioner is not permitted to make an order in respect of the subject-matter of a complaint unless, before making the order, the Commissioner invited the federal institution to enter into a compliance agreement under subsection 64.1(1) in respect of that subject-matter.
Marginal note:Preconditions to order
(3) Before making an order under subsection (1), the Commissioner shall provide to the deputy head or other administrative head of the federal institution concerned a notice that sets out
(a) the order that the Commissioner intends to make; and
(b) a statement that within 20 days after the day on which the deputy head or other administrative head receives the notice, that deputy head or other administrative head shall notify the Commissioner
(i) of the action taken or proposed to be taken by the federal institution to implement the proposed order or the recommendations made under subsection 63(3), or the reasons why no such action has been or is proposed to be taken, or
(ii) whether the federal institution wishes to enter into a compliance agreement under subsection 64.1(1).
Marginal note:Condition
(4) The order may include any condition that the Commissioner considers appropriate.
Marginal note:Notice of order
(5) The Commissioner shall provide to the complainant and to the deputy head or other administrative head of the federal institution a notice that sets out
(a) any order that the Commissioner makes;
(b) a statement that the complainant and the federal institution each have the right to apply for a review under section 78.1, within the period specified for exercising that right, and that they must comply with section 78.5 if they exercise that right; and
(c) a statement that if neither the complainant nor the federal institution applies for a review within the period specified for doing so, any order set out in the notice takes effect in accordance with subsection (6).
Marginal note:Effect
(6) The order takes effect on the 31st business day after the day on which the deputy head or other administrative head of the federal institution receives the notice.
Marginal note:Deemed date of receipt
(7) For the purpose of this section, the deputy head or other administrative head of the federal institution is deemed to have received a notice on the fifth business day after the date of the notice.
Marginal note:Filing of order
64.6 (1) If the Commissioner is of the opinion that a federal institution has not complied with the terms of an order made under subsection 64.5(1), the Commissioner may file in the Federal Court a copy of the order certified by the Commissioner to be a true copy.
Marginal note:Effect of filing
(2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.
(2) Subsection 64.2(1) of the Act is amended by adding the following after paragraph (a):
(a.1) is not permitted to issue a notice of violation under subsection 65.6(1) in respect of any matter covered under the agreement;
(3) Subsection 64.5(1) of the Act is replaced by the following:
Marginal note:Commissioner’s order
64.5 (1) If, after carrying out an investigation of a complaint, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or violated a right — under Part IV or V or subsection 41(7) or (10) and has made recommendations under subsection 63(3) in respect of that contravention or violation, or in respect of an identical contravention of that duty or violation of that right by the institution, the Commissioner may make an order directing that institution to take any action that the Commissioner considers appropriate to rectify the contravention or violation.
(4) Section 64.5 of the Act is amended by adding the following after subsection (2):
Marginal note:Limitation
(2.1) Despite subsection (1), the Commissioner is not permitted to make an order under that subsection in respect of a contravention of a duty under subsection 41(7) or (10) requiring the federal institution to take a positive measure under subsection 41(5) or to include in any agreement referred to in paragraph 41(7)(a.1) provisions establishing the parties’ duties under the agreement respecting the official languages.
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