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

Marginal note:Commissioner may apply or appear

• 78 (1) The Commissioner may

  • (a) within the time limits prescribed by paragraph 77(2)(a) or (b), apply to the Court for a remedy under this Part in relation to a complaint investigated by the Commissioner if the Commissioner has the consent of the complainant;

  • (b) appear before the Court on behalf of any person who has applied under section 77 for a remedy under this Part; or

  • (c) with leave of the Court, appear as a party to any proceedings under this Part.

• 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.

• Marginal note:Complainant may appear as party

  (2) Where the Commissioner makes an application under paragraph (1)(a), the complainant may appear as a party to any proceedings resulting from the application.

• 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.

Marginal note:Review by Court — complainant

• 78.1 (1) A person who makes a complaint described in subsection 64.5(1) and who receives a notice under subsection 64.5(5) in respect of the complaint may, within 30 business days after the day on which the deputy head or other administrative head of the federal institution receives the notice, apply to the Court for a review of any matter that is the subject of the order set out in the notice.

• Marginal note:Review by Court — federal institution

  (2) A federal institution may, within 30 business days after the day on which its deputy head or other administrative head receives a notice under subsection 64.5(5), apply to the Court for a review of any matter that is the subject of the order set out in the notice.

• Marginal note:Respondents

  (3) A complainant who applies for a review under subsection (1) may name only the federal institution concerned as the respondent to the proceedings. A federal institution that applies for a review under subsection (2) may name only the Commissioner as the respondent to the proceedings.

• Marginal note:Deemed date of receipt

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

Marginal note:Order stayed

• 78.2 (1) Subject to subsections (2) and (3), the making of an application under section 78.1 operates as a stay of the order set out in the notice received under subsection 64.5(5) until the proceedings are finally concluded.

• Marginal note:Cancellation or suspension of stay by Court

  (2) The Court may cancel the stay of the order or may suspend the operation of the stay temporarily subject to any terms that it considers appropriate.

• Marginal note:Part of order operative

  (3) Any part of the order that relates to a matter that is not the subject of the proceedings becomes operative.

Marginal note:Party to review — federal institution

• 78.3 (1) If a complainant who receives a notice under subsection 64.5(5) applies to the Court for a review under subsection 78.1(1), the federal institution whose deputy head or other administrative head received the notice under subsection 64.5(5) has the right to appear as a party to the review.

• Marginal note:Party to review — complainant

  (2) If the federal institution whose deputy head or other administrative head receives a notice under subsection 64.5(5) applies to the Court for a review under subsection 78.1(2), the complainant who received the notice under subsection 64.5(5) has the right to appear as a party to the review.

• Marginal note:Scope of proceeding

  (3) If a complainant files notice of their intention to appear as a party to a review with the Court within 10 business days after the expiry of the period referred to in subsection 78.1(2), they may raise for determination by the Court any matter in respect of which they may make an application under subsection 78.1(1).

Marginal note:Appearance by Commissioner

78.4 The Commissioner may

• (a) appear before the Court on behalf of a complainant; or

• (b) appear as a party to any review applied for under section 78.1.

Marginal note:Service of originating document

• 78.5 (1) If a complainant makes an application for a review under subsection 78.1(1), they shall immediately serve a copy of the originating document on the deputy head or other administrative head of the federal institution whose deputy head or other administrative head received the notice under subsection 64.5(5).

• Marginal note:Service or notice

  (2) If a federal institution makes an application for a review under subsection 78.1(2), its deputy head or other administrative head shall immediately serve a copy of the originating document on the Commissioner. However, if the deputy head or other administrative head of a federal institution is served with a copy of an originating document under subsection (1), that deputy head or other administrative head shall, as soon as possible after being served, give written notice of the application to the Commissioner, unless the Commissioner has already been served with a copy of the document.

Marginal note:De novo review

78.6 For greater certainty, an application under section 78.1 is to be heard and determined as a new proceeding.

Marginal note:Order of Court

78.7 The Court shall, in respect of any matter that is the subject of the proceedings,

• (a) make an order declaring that the federal institution concerned is required to comply with the provisions of the Commissioner’s order that relate to that matter;

• (b) make an order declaring that the federal institution concerned is not required to comply with the provisions of the Commissioner’s order that relate to that matter; or

• (c) make any other order that it considers appropriate.

Marginal note:Incompatible provisions

• 78.8 (1) An order of the Court made under section 78.7 has the effect of rescinding the provisions of the Commissioner’s order relating to any matter that is the subject of the proceedings that are incompatible with the Court’s order.

• Marginal note:Specification of rescinded provisions

  (2) The Court must specify in any order that it makes the provisions of the Commissioner’s order that are rescinded under subsection (1).

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: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.

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 other than English or French, including any Indigenous language.

• Marginal note:Maintenance of linguistic heritage

  (2) Nothing in this Act shall 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.

Marginal note:Consultations

84 If the Governor in Council proposes to make a regulation under a provision of this Act, the minister of the Crown who is responsible for the provision 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, if appropriate, members of the public generally on the proposed regulation.

Marginal note:Tabling of draft of proposed regulation

• 85 (1) If the Governor in Council proposes to make a regulation under a provision of this Act, the minister of the Crown who is responsible for the provision shall 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 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 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.

• 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 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.

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.