Official Languages Act

Marginal note:Investigation of complaints

• 58 (1) Subject to this Act, the Commissioner shall investigate any complaint made to the Commissioner arising from any act or omission to the effect that, in any particular instance or case,

  • (a) the status of an official language was not or is not being recognized,

  • (b) any provision of any Act of Parliament or regulation relating to the status or use of the official languages was not or is not being complied with, or

  • (c) the spirit and intent of this Act was not or is not being complied with

  in the administration of the affairs of any federal institution.

• 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.

• Marginal note:Discontinuance of investigation

  (3) If in the course of investigating any complaint it appears to the Commissioner that, having regard to all the circumstances of the case, any further investigation is unnecessary, the Commissioner may refuse to investigate the matter further.

• Marginal note:Right of Commissioner to refuse or cease investigation

  (4) The Commissioner may refuse to investigate or cease to investigate any complaint if in the opinion of the Commissioner

  • (a) the subject-matter of the complaint is trivial;

  • (b) the complaint is frivolous or vexatious or is not made in good faith;

  • (c) the subject-matter of the complaint does not involve a contravention or failure to comply with the spirit and intent of this Act, or does not for any other reason come within the authority of the Commissioner under this Act;

  • (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.

• Marginal note:Complainant to be notified

  (5) Where the Commissioner decides to refuse to investigate or cease to investigate any complaint, the Commissioner shall inform the complainant of that decision and shall give the reasons therefor.