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)
39 Paragraph 70(b) of the Act is replaced by the following:
(b) the powers, duties or functions set out in sections 63, 63.1, 64.1 to 69 and 78.
40 (1) The portion of subsection 77(2) of the English version of the Act before paragraph (a) is replaced by the following:
Marginal note:Time limit
(2) An application may be made under subsection (1) within 60 days — or within any further time that the Court may allow, on request made either before or after the expiry of those 60 days — after
(2) The portion of subsection 77(2) of the English version of the Act after paragraph (c) is repealed.
(2.1) Subsection 77(2) of the Act is amended by adding the following after paragraph (a):
(a.1) the complainant is informed of the actions taken to implement the recommendations that the Commissioner made under subsection 63(3),
(2.2) Subsection 77(3) of the Act is replaced by the following:
Marginal note:Application six months after complaint
(3) Where a complaint is made to the Commissioner under this Act but the complainant is not informed of the results of the investigation of the complaint under subsection 64(1), of the actions taken to implement the recommendations that the Commissioner made under subsection 63(3), of the recommendations of the Commissioner under subsection 64(2) or of a decision under subsection 58(5) within six months after the complaint is made, the complainant may make an application under subsection (1) at any time thereafter.
(3) Section 77 of the Act is amended by adding the following after subsection (4):
Marginal note:Conflict — compliance agreement
(4.1) If there is a conflict between a provision of an order made under paragraph 64.4(1)(a) and a provision of an order made under subsection (4), the order made under subsection (4) prevails to the extent of the conflict.
Marginal note:Conflict — Commissioner’s order
(4.2) If there is a conflict between a provision of an order filed under subsection 64.6(1) and a provision of an order made under subsection (4), the order made under subsection (4) prevails to the extent of the conflict.
41 (1) Section 78 of the Act is amended by adding the following after subsection (1):
Marginal note:Exception
(1.1) Despite paragraph (1)(a), if the Commissioner makes an order under subsection 64.5(1), the Commissioner
(a) is not permitted to make an application under paragraph (1)(a) in respect of any matter that is the subject of the order; and
(b) shall withdraw any applications that were made under paragraph (1)(a) in respect of any matter that is the subject of the order.
(2) Subsection 78(3) of the English version of the Act is replaced by the following:
Marginal note:Capacity to intervene
(3) Nothing in this section abrogates or derogates from the capacity of the Commissioner to seek leave to intervene in any judicial proceedings relating to the status or use of English or French.
42 The Act is amended by adding the following after section 78:
Marginal note:Review by Court — complainant
78.1 (1) A person who makes a complaint described in subsection 64.5(1) and who receives a notice under subsection 64.5(5) in respect of the complaint may, within 30 business days after the day on which the deputy head or other administrative head of the federal institution receives the notice, apply to the Court for a review of any matter that is the subject of the order set out in the notice.
Marginal note:Review by Court — federal institution
(2) A federal institution may, within 30 business days after the day on which its deputy head or other administrative head receives a notice under subsection 64.5(5), apply to the Court for a review of any matter that is the subject of the order set out in the notice.
Marginal note:Respondents
(3) A complainant who applies for a review under subsection (1) may name only the federal institution concerned as the respondent to the proceedings. A federal institution that applies for a review under subsection (2) may name only the Commissioner as the respondent to the proceedings.
Marginal note:Deemed date of receipt
(4) For the purposes of this section, the deputy head or other administrative head of the federal institution is deemed to have received the notice on the fifth business day after the date of the notice.
Marginal note:Order stayed
78.2 (1) Subject to subsections (2) and (3), the making of an application under section 78.1 operates as a stay of the order set out in the notice received under subsection 64.5(5) until the proceedings are finally concluded.
Marginal note:Cancellation or suspension of stay by Court
(2) The Court may cancel the stay of the order or may suspend the operation of the stay temporarily subject to any terms that it considers appropriate.
Marginal note:Part of order operative
(3) Any part of the order that relates to a matter that is not the subject of the proceedings becomes operative.
Marginal note:Party to review — federal institution
78.3 (1) If a complainant who receives a notice under subsection 64.5(5) applies to the Court for a review under subsection 78.1(1), the federal institution whose deputy head or other administrative head received the notice under subsection 64.5(5) has the right to appear as a party to the review.
Marginal note:Party to review — complainant
(2) If the federal institution whose deputy head or other administrative head receives a notice under subsection 64.5(5) applies to the Court for a review under subsection 78.1(2), the complainant who received the notice under subsection 64.5(5) has the right to appear as a party to the review.
Marginal note:Scope of proceeding
(3) If a complainant files notice of their intention to appear as a party to a review with the Court within 10 business days after the expiry of the period referred to in subsection 78.1(2), they may raise for determination by the Court any matter in respect of which they may make an application under subsection 78.1(1).
Marginal note:Appearance by Commissioner
78.4 The Commissioner may
(a) appear before the Court on behalf of a complainant; or
(b) appear as a party to any review applied for under section 78.1.
Marginal note:Service of originating document
78.5 (1) If a complainant makes an application for a review under subsection 78.1(1), they shall immediately serve a copy of the originating document on the deputy head or other administrative head of the federal institution whose deputy head or other administrative head received the notice under subsection 64.5(5).
Marginal note:Service or notice
(2) If a federal institution makes an application for a review under subsection 78.1(2), its deputy head or other administrative head shall immediately serve a copy of the originating document on the Commissioner. However, if the deputy head or other administrative head of a federal institution is served with a copy of an originating document under subsection (1), that deputy head or other administrative head shall, as soon as possible after being served, give written notice of the application to the Commissioner, unless the Commissioner has already been served with a copy of the document.
Marginal note:De novo review
78.6 For greater certainty, an application under section 78.1 is to be heard and determined as a new proceeding.
Marginal note:Order of Court
78.7 The Court shall, in respect of any matter that is the subject of the proceedings,
(a) make an order declaring that the federal institution concerned is required to comply with the provisions of the Commissioner’s order that relate to that matter;
(b) make an order declaring that the federal institution concerned is not required to comply with the provisions of the Commissioner’s order that relate to that matter; or
(c) make any other order that it considers appropriate.
Marginal note:Incompatible provisions
78.8 (1) An order of the Court made under section 78.7 has the effect of rescinding the provisions of the Commissioner’s order relating to any matter that is the subject of the proceedings that are incompatible with the Court’s order.
Marginal note:Specification of rescinded provisions
(2) The Court must specify in any order that it makes the provisions of the Commissioner’s order that are rescinded under subsection (1).
43 (1) Subsection 81(1) of the French version of the Act is replaced by the following:
Marginal note:Frais et dépens
81 (1) Les frais et dépens afférents à tout recours exercé devant le tribunal sous le régime de la présente loi sont laissés à l’appréciation du tribunal et suivent, sauf ordonnance contraire de celui-ci, le sort du principal.
(2) Subsection 81(2) of the Act is replaced by the following:
Marginal note:Costs
(2) If the Court is of the opinion that an application under section 77 or 78.1 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result.
(3) Subsection 81(2) of the Act is replaced by the following:
Marginal note:Costs
(2) If the Court is of the opinion that an application under section 65.9, 77 or 78.1 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result.
44 Sections 83 and 84 of the Act are replaced by the following:
Marginal note:Rights relating to other languages
83 (1) Nothing in this Act abrogates or derogates from any legal or customary right acquired or enjoyed either before or after the coming into force of this Act with respect to any language other than English or French, including any Indigenous language.
Marginal note:Maintenance of linguistic heritage
(2) Nothing in this Act shall be interpreted in a manner that is inconsistent with the maintenance and enhancement of languages other than English or French, nor with the reclamation, revitalization and strengthening of Indigenous languages.
Marginal note:Consultations
84 If the Governor in Council proposes to make a regulation under a provision of this Act, the minister of the Crown who is responsible for the provision shall, at a time and in a manner appropriate to the circumstances, seek the views of members of the English and French linguistic minority communities and, if appropriate, members of the public generally on the proposed regulation.
45 Subsection 85(1) of the Act is replaced by the following:
Marginal note:Tabling of draft of proposed regulation
85 (1) If the Governor in Council proposes to make a regulation under a provision of this Act, the minister of the Crown who is responsible for the provision shall lay a draft of the proposed regulation before the House of Commons at least 30 days before a copy of the regulation is published in the Canada Gazette under section 86.
46 (1) Subsection 86(1) of the Act is replaced by the following:
Marginal note:Publication of proposed regulation
86 (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under a provision of this Act shall be published in the Canada Gazette at least 30 days before its proposed effective date, and a reasonable opportunity shall be afforded to interested persons to make representations to the minister of the Crown who is responsible for the provision with respect to the proposed regulation.
(2) Subsection 86(3) of the English version of the Act is replaced by the following:
Marginal note:Calculation of 30-day period
(3) In calculating the 30-day period referred to in subsection (1), only the days on which both Houses of Parliament sit shall be counted.
47 Subsection 87(5) of the French version of the Act is replaced by the following:
Marginal note:Définition de jour de séance
(5) Pour l’application du présent article, jour de séance s’entend, à l’égard d’une chambre du Parlement, de tout jour où elle siège.
- Date modified: