PART XCourt Remedy
Definition of Court
76 In this Part, Court means the Federal Court.
- R.S., 1985, c. 31 (4th Supp.), s. 76
- 2002, c. 8, s. 183
Marginal note:Application for remedy
77 (1) Any person who has made a complaint to the Commissioner in respect of a right or duty under sections 4 to 7, sections 10 to 13 or Part IV, V or VII, or in respect of section 91, may apply to the Court for a remedy under this Part.
Marginal note:Limitation period
(2) An application may be made under subsection (1) within sixty days after
(a) the results of an investigation of the complaint by the Commissioner are reported to the complainant under subsection 64(1),
(b) the complainant is informed of the recommendations of the Commissioner under subsection 64(2), or
(c) the complainant is informed of the Commissioner’s decision to refuse or cease to investigate the complaint under subsection 58(5),
or within such further time as the Court may, either before or after the expiration of those sixty days, fix or allow.
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 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.
Marginal note:Order of Court
(4) Where, in proceedings under subsection (1), the Court concludes that a federal institution has failed to comply with this Act, the Court may grant such remedy as it considers appropriate and just in the circumstances.
Marginal note:Other rights of action
(5) Nothing in this section abrogates or derogates from any right of action a person might have other than the right of action set out in this section.
- 1985, c. 31 (4th Supp.), s. 77
- 2005, c. 41, s. 2
Marginal note:Commissioner may apply or appear
(a) within the time limits prescribed by paragraph 77(2)(a) or (b), apply to the Court for a remedy under this Part in relation to a complaint investigated by the Commissioner if the Commissioner has the consent of the complainant;
(b) appear before the Court on behalf of any person who has applied under section 77 for a remedy under this Part; or
(c) with leave of the Court, appear as a party to any proceedings under this Part.
Marginal note:Complainant may appear as party
(2) Where the Commissioner makes an application under paragraph (1)(a), the complainant may appear as a party to any proceedings resulting from the application.
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 adjudicative proceedings relating to the status or use of English or French.
Marginal note:Evidence relating to similar complaint
79 In proceedings under this Part relating to a complaint against a federal institution, the Court may admit as evidence information relating to any similar complaint under this Act in respect of the same federal institution.
Marginal note:Hearing in summary manner
80 An application made under section 77 shall be heard and determined in a summary manner in accordance with any special rules made in respect of such applications pursuant to section 46 of the Federal Courts Act.
- R.S., 1985, c. 31 (4th Supp.), s. 80
- 2002, c. 8, s. 182
81 (1) Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Act shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise.
(2) Where the Court is of the opinion that an application under section 77 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.
Marginal note:Primacy of Parts I to V
Marginal note:Canadian Human Rights Act excepted
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 that is not English or French.
Marginal note:Preservation and enhancement of other languages
(2) Nothing in this Act shall be interpreted in a manner that is inconsistent with the preservation and enhancement of languages other than English or French.
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