Official Languages Act (R.S.C., 1985, c. 31 (4th Supp.))

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.

Marginal note:Costs

• 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.

• Marginal note:Idem

  (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.

PART XIGeneral

Marginal note:Primacy of Parts I to V

• 82 (1) In the event of any inconsistency between the following Parts and any other Act of Parliament or regulation thereunder, the following Parts prevail to the extent of the inconsistency:

  • (a) Part I (Proceedings of Parliament);

  • (b) Part II (Legislative and other Instruments);

  • (c) Part III (Administration of Justice);

  • (d) Part IV (Communications with and Services to the Public); and

  • (e) Part V (Language of Work).

• Marginal note:Canadian Human Rights Act excepted

  (2) Subsection (1) does not apply to the Canadian Human Rights Act or any regulation made thereunder.

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.

Marginal note:Consultations

84 The President of the Treasury Board, or such other minister of the Crown as may be designated by the Governor in Council, shall, at a time and in a manner appropriate to the circumstances, seek the views of members of the English and French linguistic minority communities and, where appropriate, members of the public generally on proposed regulations to be made under this Act.

Marginal note:Draft of proposed regulation to be tabled

• 85 (1) The President of the Treasury Board, or such other minister of the Crown as may be designated by the Governor in Council, shall, where the Governor in Council proposes to make any regulation under this Act, lay a draft of the proposed regulation before the House of Commons at least thirty days before a copy of that regulation is published in the Canada Gazette under section 86.

• Marginal note:Calculation of thirty day period

  (2) In calculating the thirty day period referred to in subsection (1), there shall not be counted any day on which the House of Commons does not sit.

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 this Act shall be published in the Canada Gazette at least thirty days before the proposed effective date thereof, and a reasonable opportunity shall be afforded to interested persons to make representations to the President of the Treasury Board with respect thereto.

• Marginal note:Exception

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

• Marginal note:Calculation of thirty day period

  (3) In calculating the thirty day period referred to in subsection (1), there shall not be counted any day on which neither House of Parliament sits.

Marginal note:Tabling of regulation

• 87 (1) A regulation that is proposed to be made under paragraph 38(2)(a) and prescribes any part or region of Canada for the purpose of paragraph 35(1)(a) shall be laid before each House of Parliament at least thirty sitting days before the proposed effective date thereof.

• Marginal note:Motion to disapprove proposed regulation

  (2) Where, within twenty-five sitting days after a proposed regulation is laid before either House of Parliament under subsection (1), a motion for the consideration of that House to the effect that the proposed regulation not be approved, signed by no fewer than fifteen Senators or thirty Members of the House of Commons, as the case may be, is filed with the Speaker of that House, the Speaker shall, within five sitting days after the filing of the motion, without debate or amendment, put every question necessary for the disposition of the motion.

• Marginal note:Where motion adopted

  (3) Where a motion referred to in subsection (2) is adopted by both Houses of Parliament, the proposed regulation to which the motion relates may not be made.

• Marginal note:Prorogation or dissolution of Parliament

  (4) Where Parliament dissolves or prorogues earlier than twenty-five sitting days after a proposed regulation is laid before both Houses of Parliament under subsection (1) and a motion has not been disposed of under subsection (2) in relation to the proposed regulation in both Houses of Parliament, the proposed regulation may not be made.

• Definition of sitting day

  (5) For the purposes of this section, sitting day means, in respect of either House of Parliament, a day on which that House sits.

Marginal note:Permanent review of Act, etc., by parliamentary committee

88 The administration of this Act, any regulations and directives made under this Act and the reports of the Commissioner, the President of the Treasury Board and the Minister of Canadian Heritage made under this Act shall be reviewed on a permanent basis by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established for that purpose.

Marginal note:Section 126 of Criminal Code not applicable

89 For greater certainty, it is hereby declared that section 126 of the Criminal Code does not apply to or in respect of any contravention or alleged contravention of any provision of this Act.

Marginal note:Parliamentary and judicial powers, privileges and immunities saved

90 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.

Marginal note:Staffing generally

91 Nothing in Part IV or V authorizes the application of official language requirements to a particular staffing action unless those requirements are objectively required to perform the functions for which the staffing action is undertaken.

Marginal note:References in Acts of Parliament to the “official languages”

92 In every Act of Parliament, a reference to the “official languages” or the “official languages of Canada” shall be construed as a reference to the languages declared by subsection 16(1) of the Canadian Charter of Rights and Freedoms to be the official languages of Canada.

Marginal note:Regulations

93 The Governor in Council may make regulations

• (a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs of 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 or office of the Parliamentary Budget Officer; and

• (b) prescribing anything that is by this Act to be prescribed by regulation of the Governor in Council.

PART XIIRelated Amendments

94 to 99 [Amendments]

PART XIIIConsequential Amendments

100 to 103 [Amendments]

PART XIVTransitional Provisions, Repeal and Coming into Force

Transitional

104 and 105 [Repealed, R.S., 1985, c. 31 (4th Supp.), s. 106]

106 [Amendment]

Marginal note:Commissioner remains in office

107 The person holding office as Commissioner on the coming into force of Part IX shall continue in office as Commissioner and shall be deemed to have been appointed under this Act but to have been appointed at the time he was appointed under the Official Languages Act, being chapter O-2 of the Revised Statutes of Canada, 1970.

Marginal note:Payments to Crown corporations

• 108 (1) In respect of the four fiscal years immediately following the date this section comes into force, the President of the Treasury Board may make payments to Crown corporations to assist them in the timely implementation of this Act.

• Marginal note:Appropriation

  (2) Any sums required for the purpose referred to in subsection (1) shall be paid out of such moneys as may be appropriated by Parliament for that purpose.

Repeal

109 [Repeal]

Coming into Force

Marginal note:Coming into force

Footnote ^*110 This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation.

• Return to footnote ^*[Note: Sections 1 to 93, subsection 534(3) of the Criminal Code, as enacted by section 95, and sections 96 and 98 to 109 in force September 15, 1988, and section 97 in force February 1, 1989, see SI/88-197; section 530.1 of the Criminal Code, as enacted by section 94, shall come into force in accordance with subsection 534(2) of the Criminal Code, as enacted by section 95.]