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Use of French in Federally Regulated Private Businesses Act (S.C. 2023, c. 15, s. 54)

Act current to 2024-05-14

Remedies — Language of Work (continued)

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Marginal note:Copy of decision

 The Board is to provide all parties, as well as the Commissioner, with a copy of its decision on whether a complaint is well-founded and of any related order made under section 28, with reasons.

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Marginal note:Enforcement of orders

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     (1) Any person affected by an order of the Board made under section 28, or the Commissioner on the request of such a person, may file a certified copy of the order, exclusive of reasons, in the Federal Court after the later of 14 days after the day on which the order is made and 14 days after a day that may be provided for in the order.

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    Marginal note:Registration

    (2) Once filed, the order must be registered in the Federal Court and, when registered, has the same force and effect, and all proceedings may be taken in respect of it, as if the order were a judgment obtained in that Court.

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Marginal note:No civil remedy affected

 No civil remedy of an employee against an employer is suspended or affected by this Act.

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Marginal note:Regulations

 The Governor in Council may make regulations for the purposes of sections 21 to 31.

General

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Marginal note:Regulations

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     (1) Subject to section 32, the Governor in Council may, on the Minister’s recommendation, make regulations for the purposes of this Act, including regulations

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      (a) specifying, for the purposes of paragraph (a) of the definition federally regulated private business in section 2(1), a number of employees;

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      (b) defining “close to retirement”, “conditions that could impede the learning of French”, “consumer”, “employee”, “many years of service”, “treat adversely” and any other term or expression that is used in any of sections 5 to 13 but not defined in section 2;

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      (c) respecting the notices referred to in subsection 6(2);

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      (d) respecting the establishment and operation of a committee referred to in paragraph 10(1)(c);

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      (e) prescribing circumstances for the purposes of paragraph 18(3)(b);

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      (f) exempting, with or without conditions, federally regulated private businesses from the application of any provision of this Act or its regulations in respect of activities or workplaces that are related to a specified sector of activity; and

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      (g) exempting, with or without conditions, federally regulated private businesses from the application of any provision of this Act or its regulations for any reason, including reasons related to intellectual property rights, international standards or the conduct of interprovincial or international business.

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    Marginal note:Different numbers

    (2) A regulation made under paragraph (1)(a) may specify a different number of employees for federally regulated private businesses that have workplaces in Quebec and for federally regulated private businesses that do not have workplaces in Quebec but carry on business in Quebec.

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    Marginal note:Factors

    (3) In making a regulation under subsection (1), the Governor in Council may take into account any factor that the Governor in Council considers appropriate, including

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      (a) the volume of communications or services provided by federally regulated private businesses;

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      (b) the type of services, documents, computer systems or work instruments required by the employees of federally regulated private businesses; and

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      (c) the mandates of and the nature of the activities carried out by federally regulated private businesses.

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Marginal note:Consultations

 The Minister must, at a time and in a manner appropriate to the circumstances, seek the views of members of the public as an integral part of the two official language communities of Canada and of organizations representative of employees or employers of federally regulated private businesses on proposed regulations to be made under sections 32 or 33.

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Marginal note:Tabling of draft of proposed regulation

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     (1) If the Governor in Council proposes to make a regulation under section 33, the Minister must 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 36.

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    Marginal note:Calculation of 30-day period

    (2) In calculating the 30-day period referred to in subsection (1), only the days on which the House of Commons sits must be counted.

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Marginal note:Publication of proposed regulation

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     (1) A copy of each regulation that the Governor in Council proposes to make under section 33 must be published in the Canada Gazette at least 30 days before its proposed effective date, and a reasonable opportunity must be afforded to interested persons to make representations to the Minister with respect to the proposed regulation.

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    Marginal note:Exception

    (2) No proposed regulation need be published under subsection (1) if it has previously been published under that subsection, whether or not it has been amended as a result of representations made under that subsection.

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    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 must be counted.

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Marginal note:Permanent review by parliamentary committee

 The administration of this Act and its regulations, as well as the reports of the Commissioner and the Minister made under this Act, are to be reviewed on a permanent basis by any committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

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Marginal note:Section 126 of Criminal Code

 Section 126 of the Criminal Code does not apply to or in respect of any contravention of any provision of this Act or the regulations.

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Marginal note:Parliamentary and judicial powers, privileges and immunities

 Nothing in this Act abrogates or derogates from any powers, privileges or immunities of members of the Senate or the House of Commons in respect of their personal offices and staff or of judges of any Court.

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Marginal note:Rights relating to other languages

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     (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.

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    Marginal note:Maintenance of linguistic heritage

    (2) Nothing in this Act is to 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.

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Marginal note:Compliance agreements — Quebec (communications and services)

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     (1) The Commissioner is not permitted to exercise, before the day that may be fixed by order of the Governor in Council, the powers under subsection 64.1(1) of the Official Languages Act in respect of a complaint made by a consumer in Quebec in respect of a right or duty under section 7.

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    Marginal note:Compliance agreements — Quebec (language of work)

    (2) The Commissioner is not permitted to exercise, before the day that may be fixed by order of the Governor in Council, the powers under subsection 64.1(1) of the Official Languages Act in respect of a complaint made by an employee who occupies or is assigned to a position in a workplace in Quebec in respect of a right or duty under any of sections 9 to 11.

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    Marginal note:Orders — Quebec (communications and services)

    (3) The Commissioner is not permitted to exercise, before the day that may be fixed by order of the Governor in Council, the powers under subsection 64.5(1) of the Official Languages Act in respect of a complaint made by a consumer in Quebec in respect of a right or duty under section 7.

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    Marginal note:Orders — Quebec (language of work)

    (4) The Commissioner is not permitted to exercise, before the day that may be fixed by order of the Governor in Council, the powers under subsection 64.5(1) of the Official Languages Act in respect of a complaint made by an employee who occupies or is assigned to a position in a workplace in Quebec in respect of a right or duty under any of sections 9 to 11.

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Marginal note:Review

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     (1) On the 10th anniversary of the day on which this section comes into force and every 10 years after that anniversary, the Minister must undertake a review of the provisions and operation of this Act.

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    Marginal note:Report

    (2) The Minister must cause a report of the review to be tabled in each House of Parliament within the first 30 days on which that House is sitting after the report has been completed.

 

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