RECOMMENDATION

Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts”.

Short Title

Marginal note:Short title

1 This Act may be cited as An Act for the Substantive Equality of Canada’s Official Languages.

PART 1R.S., c. 31 (4th Supp.)Official Languages Act

Amendments to the Act

• 2 (1) The fourth paragraph of the preamble to the Official Languages Act is replaced by the following:

  AND WHEREAS employees of institutions of the Parliament or government of Canada should have equal opportunities to use the official language of their choice while working together in pursuing the goals of those institutions;

• (2) The seventh and eighth paragraphs of the preamble to the Act are replaced by the following:

  AND WHEREAS the Government of Canada is committed to enhancing the vitality and supporting the development of English and French linguistic minority communities — taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society — as an integral part of the two official language communities of Canada, and to fostering full recognition and use of English and French in Canadian society;

  AND WHEREAS the Government of Canada is committed to protecting and promoting the French language, recognizing that French is in a minority situation in Canada and North America due to the predominant use of English;

  AND WHEREAS the Government of Canada is committed to cooperating with provincial and territorial governments and their institutions to support the development of English and French linguistic minority communities, to provide services in both English and French, to respect the constitutional guarantees of minority language educational rights and to enhance opportunities for all to learn both English and French;

• (3) The 10th paragraph of the preamble to the Act is replaced by the following:

  AND WHEREAS the Government of Canada recognizes the importance of providing opportunities for everyone in Canada to learn a second official language and the contribution of everyone in Canada who speaks both official languages to a mutual appreciation between the two official language communities of Canada;

  AND WHEREAS the Government of Canada recognizes the importance of supporting sectors that are essential to enhancing the vitality of English and French linguistic minority communities and protecting and promoting the presence of strong institutions serving those communities;

  AND WHEREAS the Government of Canada recognizes that the Canadian Broadcasting Corporation contributes through its activities to enhancing the vitality of the English and French linguistic minority communities and to the protection and promotion of both official languages;

  AND WHEREAS the Government of Canada recognizes the importance of remedying the decline in the demographic weight of French linguistic minority communities, including by restoring and increasing their demographic weight;

  AND WHEREAS the Government of Canada recognizes the importance of francophone immigration in enhancing the vitality of French linguistic minority communities, including by restoring and increasing their demographic weight;

  AND WHEREAS the Government of Canada recognizes the importance of the French language to trade and economic activity and the contribution of francophone immigration to the economy;

  AND WHEREAS the Government of Canada recognizes the importance of including a francophone perspective in funding programs;

  AND WHEREAS the Government of Canada recognizes the presence of English or French linguistic minority communities in each province and territory;

  AND WHEREAS the Government of Canada recognizes the diversity of the provincial and territorial language regimes that contribute to the advancement of the equality of status and use of English and French in Canadian society, including that

  the Constitution of Canada provides every person with the right to use English or French in the debates of the Houses of the Legislature of Quebec and those of the Legislature of Manitoba and the right to use English or French in any pleading or process in or from the courts of those provinces,

  Quebec’s Charter of the French language provides that French is the official language of Quebec,

  the Constitution of Canada provides that English and French are the official languages of New Brunswick and have equality of status and equal rights and privileges as to their use in all institutions of the legislature and government of New Brunswick, and

  the Constitution of Canada provides that the English linguistic community and the French linguistic community in New Brunswick have equality of status and equal rights and privileges;

  AND WHEREAS the Government of Canada recognizes that each province and territory has adopted laws, policies or programs guaranteeing service in French or recognizing the contribution of the English or French linguistic minority community to Canadian society;

  AND WHEREAS the Government of Canada recognizes the importance of maintaining and enhancing the use of languages other than English and French and reclaiming, revitalizing and strengthening Indigenous languages while strengthening the status and use of the official languages;

  AND WHEREAS all legal obligations related to the official languages apply at all times, including during emergencies;

3 Paragraph 2(b) of the Act is replaced by the following:

4 The Act is amended by adding the following after section 2:

5 The heading before section 3 of the French version of the Act is replaced by the following:

• 6 (1) The definition commissaire in subsection 3(1) of the French version of the Act is replaced by the following:

  Commissioner

  commissaire Le commissaire aux langues officielles du Canada nommé au titre de l’article 49. (Commissioner)

• (2) Subsection 3(1) of the Act is amended by adding the following in alphabetical order:

  business day

  business day means a day other than

  • (a) a Saturday;

  • (b) a Sunday or other holiday; and

  • (c) a day that falls during the seasonal recess, as defined in section 2 of the Federal Courts Rules; (jour ouvrable)

  communication

  communication means any form of communication, including oral, written, electronic, virtual or other communications; (communication)

  publication

  publication means any form of publication, regardless of the medium, including printed, electronic, virtual or other publications; (publication)

  restoration

  restoration means, in relation to the demographic weight of French linguistic minority communities, a return of the demographic weight of all members of those communities whose first official language spoken is French to the level it had at the time of the census of population of Canada taken by Statistics Canada in 1971, namely, 6.1% of the population outside Quebec; (rétablissement)

  service

  service means any form of service provided or made available, including oral, written, electronic, virtual or other services. (service)

7 The Act is amended by adding the following after section 3:

• 8 (1) Subsection 7(1) of the Act is replaced by the following:

  Marginal note:Legislative instruments

  • 7 (1) An instrument shall be made in both official languages and, if printed and published, shall be printed and published in both official languages, if it is made in the execution of a legislative power conferred by or under an Act of Parliament and

    • (a) is made by, or with the approval of, the Governor in Council or one or more ministers of the Crown;

    • (b) is required by or under an Act of Parliament to be published in the Canada Gazette; or

    • (c) is of a public and general nature.

• (2) The portion of subsection 7(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Exceptions

    (3) Subsection (1) does not, by reason only that the ordinance, by-law, law or other instrument is of a public and general nature, apply to

• (3) The portion of subsection 7(3) of the English version of the Act after paragraph (b) is repealed.

• 9 (1) Subsection 10(1) of the French version of the Act is replaced by the following:

  Marginal note:Traités

  • 10 (1) Le gouvernement fédéral prend toutes les mesures possibles pour veiller à ce que les traités et conventions intervenus entre le Canada et tout autre État soient authentifiés dans les deux langues officielles.

• (2) The portion of subsection 10(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Federal-provincial-territorial agreements

    (2) The Government of Canada has the duty to ensure that the following classes of agreements between Canada and one or more provinces or territories are made in both official languages and that both versions are equally authoritative:

• (3) Paragraphs 10(2)(b) and (c) of the Act are replaced by the following:

  • (b) agreements entered into with one or more provinces or territories if English and French are declared to be the official languages of any of those provinces or territories or if any of them requests that the agreement be made in English and French; and

  • (c) agreements entered into with two or more provinces or territories if their governments do not use the same official language.

• (4) The portion of subsection 10(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Regulations

    (3) The Governor in Council may make regulations prescribing the circumstances in which any class, specified in the regulations, of agreements that are made between Canada and one or more other states or between Canada and one or more provinces or territories

10 Subsection 11(1) of the Act is replaced by the following:

10.1 Section 14 of the Act becomes subsection 14(1) and is amended by adding the following after that subsection:

• 11 (1) The portion of subsection 16(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Duty to ensure understanding without interpreter

  • 16 (1) Every federal court has the duty to ensure that

• (2) Subsection 16(3) of the Act is replaced by the following:

  Marginal note:Appointments

  (3) The Government of Canada must, when making appointments to the federal courts, ensure that federal courts are able to meet their duty under subsection (1).

  Marginal note:Equal access to justice in both official languages

  16.1 The Government of Canada must take into account the importance of equal access to justice in both official languages when appointing judges to superior courts.

  Marginal note:Application for appointment

  • 16.2 (1) A person who submits an application for appointment as a judge of a superior court shall indicate their skill level in both official languages.

  • Marginal note:Evaluation

    (2) The Office of the Commissioner for Federal Judicial Affairs shall evaluate, in respect of every candidate who indicated that they have skills in both official languages, the candidate’s ability to speak and understand clearly both official languages.

  Marginal note:Language training

  16.3 The Office of the Commissioner for Federal Judicial Affairs shall provide the necessary language training to the judges of the superior courts.

• 12 (1) Subsection 20(1) of the Act is amended by striking out “or” at the end of paragraph (a) and by adding the following after that paragraph:

  • (a.1) the decision, order or judgment has precedential value; or

• (2) Subsection 20(2) of the Act is replaced by the following:

  • Marginal note:Decisions, orders and judgments available in both official languages at different times

    (2) A decision, order or judgment issued by a federal court, including any reasons given for it, shall be issued first in one of the official languages and then, at the earliest possible time, in the other official language, with each version to be effective from the time the first version is effective, if

    • (a) it is a final decision, order or judgment that is not required under subsection (1) to be made available simultaneously in both official languages; or

    • (b) the decision, order or judgment is required to be made available simultaneously in both official languages under paragraph (1)(a) or (a.1) but the court is of the opinion that to make the decision, order or judgment, including any reasons given for it, available simultaneously in both official languages would occasion a delay prejudicial to the public interest or resulting in injustice or hardship to any party to the proceedings leading to its issuance.

12.1 Subsection 23(1) of the Act is replaced by the following:

12.2 Section 25 of the Act is renumbered as subsection 25(1) and is amended by adding the following:

13 Section 33 of the French version of the Act is replaced by the following:

14 Section 34 of the Act is replaced by the following:

15 Paragraph 35(1)(a) of the Act is replaced by the following:

• 16 (1) Paragraph 36(1)(a) of the Act is replaced by the following:

  • (a) make available in both official languages to employees of the institution

    • (i) services that are provided to employees, including services that are provided to them as individuals and services that are centrally provided by the institution to support them in the performance of their duties, and

    • (ii) regularly and widely used documentation or other work instruments produced by or on behalf of that or any other federal institution;

• (2) Paragraph 36(1)(b) of the English version of the Act is replaced by the following:

  • (b) ensure that regularly and widely used computer systems acquired or produced by the institution on or after January 1, 1991 can be used in either official language; and

• (3) Paragraph 36(1)(c) of the Act is replaced by the following:

  • (c) ensure that, if it is appropriate in order to create a work environment that is conducive to the effective use of both official languages, managers and supervisors are able to communicate in both official languages with employees of the institution in carrying out their managerial or supervisory responsibilities; and

  • (d) ensure that any management group that is responsible for the general direction of the institution as a whole has the capacity to function in both official languages.

• (3.1) Paragraph 36(1)(c) of the Act is replaced by the following:

  • (c) ensure that, if it is appropriate in order to create a work environment that is conducive to the effective use of both official languages,

    • (i) managers and supervisors are able to communicate in both official languages with employees of the institution in carrying out their managerial or supervisory responsibilities, and

    • (ii) employees are supervised by their managers and supervisors in the official language of their choice, regardless of the linguistic identification of their position; and

• (4) Subsection 36(2) of the Act is replaced by the following:

  • Marginal note:Additional duties

    (2) Every federal institution has the duty to ensure that, within the National Capital Region and in any part or region of Canada, or in any place outside Canada, that is prescribed for the purpose of paragraph 35(1)(a), the measures that can reasonably be taken are taken in addition to those required under subsection (1) to establish and maintain work environments of the institution that are conducive to the effective use of both official languages and accommodate the use of either official language by its employees.

• (5) Section 36 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Acquired rights

    (3) Nothing in subparagraph (1)(c)(ii) abrogates or derogates from the right of a person to hold a position or carry out managerial or supervisory responsibilities in a federal institution if they held that position or carried out those responsibilities in the institution immediately before the coming into force of that subparagraph.

17 Section 37 of the Act is replaced by the following:

• 18 (1) Paragraphs 38(1)(a) and (b) of the Act are replaced by the following:

  • (a) prescribing, in respect of any part or region of Canada or any place outside Canada,

    • (i) any services, documentation or other work instruments that those institutions are to make available to their employees in both official languages,

    • (ii) any computer systems that must be available for use in both official languages, and

    • (iii) any supervisory or managerial responsibilities that are to be carried out by those institutions in both official languages;

  • (b) prescribing any other measures that are to be taken, within the National Capital Region and in any part or region of Canada, or in any place outside Canada, that is prescribed for the purpose of paragraph 35(1)(a), to establish and maintain work environments of those institutions that are conducive to the effective use of both official languages and accommodate the use of either official language by their employees;

• (2) Subparagraph 38(2)(a)(i) of the Act is replaced by the following:

  • (i) the number and proportion of English-speaking and French-speaking employees who constitute the work force of federal institutions based in the parts, regions or places prescribed,

19 Subsection 39(2) of the Act is replaced by the following:

20 Section 40 of the Act is replaced by the following:

21 The heading of Part VII and sections 41 and 42 of the Act are replaced by the following:

• 22 (1) The portion of subsection 43(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Special mandate of Minister of Canadian Heritage

  • 43 (1) The Minister of Canadian Heritage shall advance the equality of status and use of English and French in Canadian society, and to that end may take measures to

• (1.1) Paragraphs 43(1)(b) to (g) of the Act are replaced by the following:

  • (b) support the development and promotion of francophone culture in Canada, including through the activities of entities for which that Minister is responsible and by ensuring that the Government of Canada’s cultural policies are consistent with the purpose of this Act;

  • (c) provide funding to an organization, independent of the Government of Canada, responsible for administering a program whose purpose is to provide funding for test cases of national significance to be brought before the courts to clarify and assert constitutional and quasi-constitutional official language rights;

  • (d) encourage and assist provincial and territorial governments to support the development of English and French linguistic minority communities generally and, in particular, to offer provincial, territorial and municipal services in both English and French and to provide opportunities for members of English or French linguistic minority communities to be educated in their own language;

  • (e) encourage and assist provincial and territorial governments and non-profit organizations to provide opportunities for everyone in Canada to learn both English and French and to foster an acceptance and appreciation of both English and French by members of the public;

  • (f) induce the business community, labour organizations, non-profit organizations and other organizations or institutions to provide services in both English and French and to foster the recognition and use of those languages;

  • (g) implement programs in support of official languages; and

• (2) Subsection 43(2) of the Act is replaced by the following:

  • Marginal note:Consultation and information to public

    (2) The Minister of Canadian Heritage shall take such measures as that Minister considers appropriate to ensure public consultation in the development of policies and review of programs relating to the achievement of the equality of status and use of English and French in Canadian society and shall provide information to the public relating to those policies and programs.

23 The Act is amended by adding the following after section 44:

24 Section 45 of the Act is replaced by the following:

• 25 (1) Subsection 46(1) of the Act is replaced by the following:

  Marginal note:Responsibilities of Treasury Board

  • 46 (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI, subsection 41(5) and paragraph 41(7)(a.1) in all federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and office of the Parliamentary Budget Officer.

• (2) Paragraph 46(2)(a) of the Act is repealed.

• (3) Paragraphs 46(2)(c) to (g) of the Act are repealed.

• (4) Section 46 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Duties of Treasury Board

    (3) In carrying out its responsibilities under subsection (1), the Treasury Board shall

    • (a) establish policies, recommend policies to the Governor in Council or issue directives to give effect to Parts IV, V and VI;

    • (b) in consultation with the Minister of Canadian Heritage, establish policies, recommend policies to the Governor in Council or issue directives to give effect to subsection 41(5) and paragraph 41(7)(a.1);

    • (c) monitor and audit federal institutions in respect of which it has responsibility for their compliance with policies, directives and regulations of the Treasury Board or the Governor in Council relating to the official languages of Canada;

    • (d) evaluate the effectiveness and efficiency of policies and programs of federal institutions relating to the official languages of Canada;

    • (e) provide information to the public and to employees of federal institutions relating to the policies, directives and programs that give effect to Parts IV, V and VI; and

    • (f) provide information to employees of federal institutions relating to the policies, directives and programs that give effect to subsection 41(5) and paragraph 41(7)(a.1).

26 Sections 47 and 48 of the Act are replaced by the following:

27 Section 51 of the Act is replaced by the following:

28 Section 53 of the Act is replaced by the following:

29 Section 57 of the Act is replaced by the following:

30 The heading before section 58 of the Act is replaced by the following:

• 31 (1) Subsection 58(2) of the English version of the Act is replaced by the following:

  • 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.

• (2) Subsection 58(4) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (c):

  • (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.

32 Subsection 61(2) of the Act is replaced by the following:

• 33 (1) Section 62 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Alternative dispute resolution

    (1.1) The Commissioner may, at any time in the course of an investigation, attempt to resolve a complaint by means of a process of alternative dispute resolution, other than arbitration.

• (2) The portion of subsection 62(2) of the English version of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Report — threats, intimidation, discrimination or obstruction

    (2) The Commissioner may provide a report with reasons to the President of the Treasury Board and the deputy head or other administrative head of any federal institution concerned if the Commissioner believes on reasonable grounds that

• (3) Paragraph 62(2)(b) of the French version of the Act is replaced by the following:

  • b) que son action, ou celle d’une personne agissant en son nom ou sous son autorité dans l’exercice des attributions du commissaire, a été entravée.

• (4) The portion of subsection 62(2) of the English version of the Act after paragraph (b) is repealed.

34 Paragraph 63(1)(b) of the Act is replaced by the following:

35 The Act is amended by adding the following after section 63:

• 36 (1) The Act is amended by adding the following after section 64:

  Marginal note:Compliance agreement

  • 64.1 (1) If, at any time during the course of or after carrying out an investigation, the Commissioner has reasonable grounds to believe that a federal institution has contravened this Act, the Commissioner may enter into a compliance agreement with that federal institution aimed at ensuring compliance with this Act.

  • Marginal note:Other party

    (2) The complainant may, at the invitation of the Commissioner, be made a party to the compliance agreement.

  • Marginal note:Terms

    (3) A compliance agreement may contain any terms that the Commissioner considers necessary to ensure compliance with this Act.

  Marginal note:Effect of compliance agreement — Commissioner

  • 64.2 (1) Once a compliance agreement is entered into, the Commissioner

    • (a) is not permitted to make an order under subsection 64.5(1) in respect of any matter covered under the agreement;

    • (b) is not permitted to make an application under paragraph 78(1)(a) in respect of any matter covered under the agreement; and

    • (c) shall apply to the Federal Court for the suspension of any pending applications that the Commissioner made under paragraph 78(1)(a) in respect of any matter covered under the agreement.

  • Marginal note:Effect of compliance agreement — complainant

    (2) The complainant, if they are a party to the compliance agreement entered into,

    • (a) is not permitted to make an application under subsection 77(1) in respect of any matter covered under the agreement; and

    • (b) shall apply to the Federal Court for the suspension of any pending applications that they made under subsection 77(1) in respect of any matter covered under the agreement.

  Marginal note:Compliance agreement complied with

  64.3 If the Commissioner is of the opinion that a federal institution has complied with a compliance agreement,

  • (a) the Commissioner shall provide written notice to that effect to the federal institution and, if the complainant is a party to the agreement, to the complainant;

  • (b) the Commissioner shall withdraw any applications that the Commissioner made under paragraph 78(1)(a) in respect of any matter covered under the agreement; and

  • (c) the complainant, if they are a party to the agreement, shall withdraw any applications that they made under subsection 77(1) in respect of any matter covered under the agreement.

  Marginal note:Compliance agreement not complied with

  • 64.4 (1) If the Commissioner is of the opinion that a federal institution has not complied with a compliance agreement, the Commissioner shall provide written notice to that effect to the deputy head or other administrative head of the federal institution and to the complainant, if they are a party to the agreement, and may apply to the Federal Court

    • (a) for an order requiring the federal institution to comply with the agreement, in addition to any other remedies that the Federal Court may give; or

    • (b) for a remedy in accordance with paragraph 78(1)(a) or for the reinstatement of proceedings that have been suspended as a result of any application made under paragraph 64.2(1)(c).

  • Marginal note:Parties to proceedings

    (2) A federal institution whose deputy head or other administrative head receives a notice under subsection (1), and a complainant who receives a notice under that subsection, have the right to appear as parties to the proceedings.

  • Marginal note:Complainant

    (3) On receipt of the notice, the complainant may apply to the Federal Court for a remedy in accordance with subsection 77(1) or for the reinstatement of proceedings that have been suspended as a result of an application made under paragraph 64.2(2)(b).

  • Marginal note:Time for application

    (4) Despite subsection 77(2) and paragraph 78(1)(a) but subject to subsection 77(3), the application shall be made within one year after the date of the notice or within any longer period that the Federal Court may, either before or after the expiry of that year, allow.

  Marginal note:Commissioner’s order

  • 64.5 (1) If, after carrying out an investigation of a complaint, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or violated a right — under Part IV or V and has made recommendations under subsection 63(3) in respect of that contravention or violation, or in respect of an identical contravention of that duty or violation of that right by the institution, the Commissioner may make an order directing that institution to take any action that the Commissioner considers appropriate to rectify the contravention or violation.

  • Marginal note:Limitation

    (2) However, the Commissioner is not permitted to make an order in respect of the subject-matter of a complaint unless, before making the order, the Commissioner invited the federal institution to enter into a compliance agreement under subsection 64.1(1) in respect of that subject-matter.

  • Marginal note:Preconditions to order

    (3) Before making an order under subsection (1), the Commissioner shall provide to the deputy head or other administrative head of the federal institution concerned a notice that sets out

    • (a) the order that the Commissioner intends to make; and

    • (b) a statement that within 20 days after the day on which the deputy head or other administrative head receives the notice, that deputy head or other administrative head shall notify the Commissioner

      • (i) of the action taken or proposed to be taken by the federal institution to implement the proposed order or the recommendations made under subsection 63(3), or the reasons why no such action has been or is proposed to be taken, or

      • (ii) whether the federal institution wishes to enter into a compliance agreement under subsection 64.1(1).

  • Marginal note:Condition

    (4) The order may include any condition that the Commissioner considers appropriate.

  • Marginal note:Notice of order

    (5) The Commissioner shall provide to the complainant and to the deputy head or other administrative head of the federal institution a notice that sets out

    • (a) any order that the Commissioner makes;

    • (b) a statement that the complainant and the federal institution each have the right to apply for a review under section 78.1, within the period specified for exercising that right, and that they must comply with section 78.5 if they exercise that right; and

    • (c) a statement that if neither the complainant nor the federal institution applies for a review within the period specified for doing so, any order set out in the notice takes effect in accordance with subsection (6).

  • Marginal note:Effect

    (6) The order takes effect on the 31st business day after the day on which the deputy head or other administrative head of the federal institution receives the notice.

  • Marginal note:Deemed date of receipt

    (7) For the purpose of this section, the deputy head or other administrative head of the federal institution is deemed to have received a notice on the fifth business day after the date of the notice.

  Marginal note:Filing of order

  • 64.6 (1) If the Commissioner is of the opinion that a federal institution has not complied with the terms of an order made under subsection 64.5(1), the Commissioner may file in the Federal Court a copy of the order certified by the Commissioner to be a true copy.

  • Marginal note:Effect of filing

    (2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.

• (2) Subsection 64.2(1) of the Act is amended by adding the following after paragraph (a):

  • (a.1) is not permitted to issue a notice of violation under subsection 65.6(1) in respect of any matter covered under the agreement;

• (3) Subsection 64.5(1) of the Act is replaced by the following:

  Marginal note:Commissioner’s order

  • 64.5 (1) If, after carrying out an investigation of a complaint, the Commissioner has reasonable grounds to believe that a federal institution has contravened a duty — or violated a right — under Part IV or V or subsection 41(7) or (10) and has made recommendations under subsection 63(3) in respect of that contravention or violation, or in respect of an identical contravention of that duty or violation of that right by the institution, the Commissioner may make an order directing that institution to take any action that the Commissioner considers appropriate to rectify the contravention or violation.

• (4) Section 64.5 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Limitation

    (2.1) Despite subsection (1), the Commissioner is not permitted to make an order under that subsection in respect of a contravention of a duty under subsection 41(7) or (10) requiring the federal institution to take a positive measure under subsection 41(5) or to include in any agreement referred to in paragraph 41(7)(a.1) provisions establishing the parties’ duties under the agreement respecting the official languages.

37 The Act is amended by adding the following after section 65:

• 38 (1) Section 66 of the Act is renumbered as subsection 66(1) and is amended by adding the following:

  • Marginal note:Part of report

    (2) The Commissioner shall include, as part of the report, in respect of each federal institution concerned,

    • (a) the number of times that the Commissioner refused or ceased to investigate a complaint under subsection 58(4) and the paragraph of that subsection that was relied on;

    • (b) for each process of alternative dispute resolution used, the number of complaints on which that process was used and the number of them that were resolved through that process;

    • (c) the number of times that the Commissioner published any information under subsection 63.1(1);

    • (d) the number of complaints that were made the object of a compliance agreement under subsection 64.1(1), a description of the contravention that resulted in the agreement being entered into and an indication as to whether the federal institution complied with the agreement and, if not, any measures taken by the Commissioner as a result; and

    • (e) the number of complaints that were made the object of an order under subsection 64.5(1), a description of the contravention or violation that resulted in the order being made and an indication as to whether the federal institution complied with the order and, if not, any measures taken by the Commissioner as a result.

• (2) Section 66 of the Act is amended by adding the following after subsection (2):

  • Marginal note:Part of report — administrative monetary penalties

    (3) The Commissioner shall include, as part of the report, in respect of each designated body concerned,

    • (a) the number of notices of violation that the Commissioner issued under subsection 65.6(1);

    • (b) the relevant facts of the violations and the provisions at issue; and

    • (c) the amount of the penalties imposed, if any.

39 Paragraph 70(b) of the Act is replaced by the following:

• 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:

• 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:

45 Subsection 85(1) of the Act is replaced by the following:

• 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:

48 Sections 88 and 89 of the Act are replaced by the following:

49 Section 91 of the Act is replaced by the following:

50 The Act is amended by adding the following after section 93:

51 Sections 107 and 108 of the Act are replaced by the following:

1995, c. 11Related Amendment to the Department of Canadian Heritage Act

52 The Department of Canadian Heritage Act is amended by adding the following after section 7:

Regulations

Marginal note:Power to repeal

53 The Governor in Council may, by regulation, repeal the C.N.R. Company Exemption Order, C.R.C., c. 1244.

PART 2Use of French in Federally Regulated Private Businesses Act

Enactment of Act

Marginal note:Enactment

54 The Use of French in Federally Regulated Private Businesses Act is enacted as follows:

Amendments to the Act

55 Section 4 of the Use of French in Federally Regulated Private Businesses Act is replaced by the following:

56 Subsection 7(1) of the Act is replaced by the following:

• 57 (1) The portion of subsection 9(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Language rights at work

  • 9 (1) Employees of a federally regulated private business who occupy or are assigned to positions in a workplace in Quebec or a region with a strong francophone presence have the right to

• (2) Subsection 9(2.1) of the Act is replaced by the following:

  • Marginal note:Duty — offer to fill a position

    (2.1) When a federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence publishes in a language other than French an advertisement to fill a position — including through recruitment, hiring, transfer or promotion — that is assigned to one of those workplaces, the business must also publish the advertisement in French and ensure the simultaneous publication of both linguistic versions by means that are of the same nature and that reach a target public of a proportionally comparable size.

57.1 Subsection 9.2(1) of the Act is replaced by the following:

• 58 (1) The portion of subsection 10(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Fostering use of French

  • 10 (1) A federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must take measures to foster the use of French in those workplaces. Those measures must include

• (2) The portion of subsection 10(1.1) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Generalizing use of French

    (1.1) A committee established under paragraph (1)(c) by a federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must develop programs intended to generalize the use of French at all levels of the business in those workplaces, through the following:

• 59 (1) The portion of subsection 11(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Adverse treatment

  • 11 (1) A federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must not treat adversely an employee who occupies or is assigned to a position in one of those workplaces for any of the following reasons:

• (2) Subsection 11(3) of the Act is replaced by the following:

  • Marginal note:Acquired rights in region with strong francophone presence

    (2.1) A federally regulated private business that has workplaces in a region with a strong francophone presence must not treat adversely an employee who occupies or is assigned to a position in one of those workplaces on or before the day on which this subsection comes into force for the sole reason that the employee does not have a sufficient knowledge of French.

  • Marginal note:Language other than French

    (3) Requiring an employee to have a knowledge of a language other than French does not constitute adverse treatment for the purposes of subsection (1) if the federally regulated private business is able to demonstrate that a knowledge of that language is objectively required by reason of the nature of the work to be performed by the employee and, in the case of a business that has workplaces in Quebec, the business sets out the reasons that justify the requirement in any advertisement to fill a position assigned to one of those workplaces that requires such knowledge.

• (3) The portion of subsection 11(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Language other than French — minimum conditions

    (4) For the purposes of subsection (3), a federally regulated private business that has workplaces in Quebec, before requiring knowledge of a language other than French of an employee who occupies or is assigned to one of those workplaces, must, in order to demonstrate that a knowledge of that language is objectively required by reason of the nature of the work to be performed by the employee, at a minimum,

• (4) The portion of subsection 11(4) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Language other than French — minimum conditions

    (4) For the purposes of subsection (3), in order to demonstrate that a knowledge of a language other than French is objectively required by reason of the nature of the work to be performed by the employee, a federally regulated private business must, before requiring such knowledge, at a minimum,

• (5) Subsections 11(6) and (7) of the Act are replaced by the following:

  • Marginal note:Prevention of adverse treatment

    (6) A federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence must take all reasonable measures to prevent, in the work environment, the adverse treatment of an employee referred to in subsection (1) for any of the reasons referred to in that subsection or of an employee referred to in subsection (2) for the reason referred to in that subsection.

  • Marginal note:Cessation of adverse treatment

    (7) If a federally regulated private business that has workplaces in Quebec or a region with a strong francophone presence is made aware of the adverse treatment, in the work environment, of an employee referred to in subsection (1) for any of the reasons referred to in that subsection or of an employee referred to in subsection (2) for the reason referred to in that subsection, it must take all reasonable measures to make the adverse treatment cease.

60 Subsection 16(1) of the Act is replaced by the following:

61 Subsection 19(1) of the Act is replaced by the following:

• 62 (1) Paragraph 33(1)(b) of the Act is replaced by the following:

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

• (2) Subsection 33(2) of the Act is replaced by the following:

  • 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, for those that have workplaces in a region with a strong francophone presence and for those that do not have workplaces in Quebec or a region with a strong francophone presence but carry on business in Quebec or such a region.

  • Marginal note:Factors for defining “region with a strong francophone presence”

    (2.1) In making a regulation that defines “region with a strong francophone presence” under paragraph (1)(b), the Governor in Council may take into account any factors that the Governor in Council considers appropriate, including

    • (a) the number of francophones in a region;

    • (b) the number of francophones in a region as a proportion of the region’s total population; and

    • (c) the vitality and specificity of French linguistic minority communities.

63 The Act is amended by adding the following after section 41:

R.S., c. L-2Related Amendments to the Canada Labour Code

64 Subsection 9(2) of the Canada Labour Code is amended by striking out “and” at the end of paragraph (d), by adding “and” at the end of paragraph (e) and by adding the following after paragraph (e):

65 Subsection 10(3) of the Act is replaced by the following:

66 Subsection 11(2) of the Act is replaced by the following:

67 Section 12.02 of the Act is amended by adding the following after subsection (4):

Transitional Provision

Marginal note:Minister of Canadian Heritage

68 The Minister of Canadian Heritage may, until the day on which the Use of French in Federally Regulated Private Businesses Act, as enacted by section 54, comes into force, take any measure or carry out any activity in Canada that the Minister considers necessary for the implementation of sections 12 and 13 of that Act.

PART 3Coordinating Amendments and Coming into Force

Coordinating Amendments

Marginal note:This Act

69 On the first day on which both sections 37 and 54 of this Act are in force,

• (a) subsection 16(4) of the Use of French in Federally Regulated Private Businesses Act is replaced by the following:

  • Marginal note:Non-application

    (4) Section 56, subsections 65(3) and (4), sections 65.1 to 65.95 and subsection 66(3) of the Official Languages Act do not apply in respect of complaints or investigations relating to a right or duty under section 7.

• (b) subsection 19(6) of the Use of French in Federally Regulated Private Businesses Act is replaced by the following:

  • Marginal note:Non-application

    (6) Section 56, subsections 65(3) and (4), sections 65.1 to 65.95 and subsection 66(3) of the Official Languages Act do not apply in respect of the complaint.

Marginal note:Bill C-11

• 70 (1) Subsections (2) and (3) apply if Bill C-11, introduced in the 1st session of the 44th Parliament and entitled the Online Streaming Act (in this section referred to as the “other Act”), receives royal assent.

• (2) On the first day on which both section 2 of the other Act and section 21 of this Act are in force, paragraph 2(3)(b) of the Broadcasting Act is replaced by the following:

  • (b) the commitment of the Government of Canada to enhance the vitality of English and French linguistic minority communities in Canada and to support and assist their development, taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society, as well as to foster the full recognition and use of both English and French in Canadian society.

• (3) On the first day on which both section 30 of the other Act and section 21 of this Act are in force, section 42.1 of the Official Languages Act is replaced by the following:

  Marginal note:Recognition — Canadian Broadcasting Corporation

  42.1 The Government of Canada recognizes that the Canadian Broadcasting Corporation, in carrying out its purposes under the Broadcasting Act and subject to any applicable orders and regulations of the Canadian Radio-television and Telecommunications Commission, contributes through its activities to enhancing the vitality of the English and French linguistic minority communities in Canada and to the protection and promotion of both official languages. This recognition is made while respecting the freedom of expression and the journalistic, creative and programming independence enjoyed by the Canadian Broadcasting Corporation.

Coming into Force

Marginal note:First anniversary

• 71 (1) Section 12 comes into force on the first anniversary of the day on which this Act receives royal assent.

• Marginal note:Second anniversary

  (1.1) Subsections 16(3.1) and (5) come into force on the second anniversary of the day on which this Act receives royal assent.

• Marginal note:Order in council

  (2) Section 23 comes into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (3) Subsections 36(2) to (4), section 37, subsection 38(2), section 39 and subsections 43(1) and (3) come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (4) The provisions of the Use of French in Federally Regulated Private Businesses Act, as enacted by section 54, and sections 64 to 67 come into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Second anniversary

  (5) Sections 55 to 57.1, subsections 58(1) and 59(1) to (3) and (5) and sections 60 to 63 come into force on the second anniversary of the day fixed under subsection (4).

• Marginal note:Order in council

  (6) Subsection 58(2) comes into force on a day to be fixed by order of the Governor in Council.

• Marginal note:Order in council

  (7) Subsection 59(4) comes into force on a day to be fixed by order of the Governor in Council.