Official Languages Act

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: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

  • (a) the results of an investigation of the complaint by the Commissioner are reported to the complainant under subsection 64(1),

  • (a.1) the complainant is informed of the actions taken to implement the recommendations that the Commissioner made under subsection 63(3),

  • (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).

• 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.

• 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: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.

• 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.