Official Languages Act

This Act may be cited as the Official Languages Act.

The purpose of this Act is to

ensure respect for English and French as the official languages of Canada and ensure equality of status and equal rights and privileges as to their use in all federal institutions, in particular with respect to their use in parliamentary proceedings, in legislative and other instruments, in the administration of justice, in communicating with or providing services to the public and in carrying out the work of federal institutions;

support the development of English and French linguistic minority communities in order to protect them while taking into account the fact that they have different needs;

advance the equality of status and use of the English and French languages within Canadian society, taking into account the fact that French is in a minority situation in Canada and North America due to the predominant use of English and that there is a diversity of provincial and territorial language regimes that contribute to the advancement, including Quebec’s Charter of the French language, which provides that French is the official language of Quebec;

advance the existence of a majority-French society in a Quebec where the future of French is assured; and

set out the powers, duties and functions of federal institutions with respect to the official languages of Canada.

The President of the Treasury Board is responsible for exercising leadership within the Government of Canada in relation to the implementation of this Act.

The President of the Treasury Board shall, in consultation with the other ministers of the Crown, coordinate the implementation of this Act, including the implementation of the commitments set out in subsections 41(1) to (3), and ensure good governance of this Act.

The Minister of Canadian Heritage shall, in consultation with the President of the Treasury Board, develop and maintain a government-wide strategy that sets out the overall official languages priorities.

For greater certainty, the Minister of Canadian Heritage shall perform the duty under subsection (1) in cooperation with the other ministers of the Crown.

That Minister shall cause the strategy to be tabled in each House of Parliament within the first 15 days on which that House is sitting after the strategy has been developed, and periodically after that.

That Minister shall make the strategy accessible to the public through the Internet or by any other means that that Minister considers appropriate.

The Minister of Canadian Heritage shall establish a process for the Government of Canada to implement its commitment under subsection 41(4).

In this Act,

business day means a day other than

a Saturday;

a Sunday or other holiday; and

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

Commissioner means the Commissioner of Official Languages for Canada appointed under section 49; (commissaire)

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

Crown corporation means

a corporation that is ultimately accountable, through a Minister, to Parliament for the conduct of its affairs, and

a parent Crown corporation or a wholly-owned subsidiary, within the meaning of section 83 of the Financial Administration Act; (sociétés d’État)

department means a department as defined in section 2 of the Financial Administration Act; (ministère)

federal institution includes any of the following institutions of the Parliament or government of Canada: but does not include

the Senate,

the House of Commons,

the Library of Parliament,

the office of the Senate Ethics Officer and the office of the Conflict of Interest and Ethics Commissioner,

the Parliamentary Protective Service,

the office of the Parliamentary Budget Officer,

any federal court,

any board, commission or council, or other body or office, established to perform a governmental function by or pursuant to an Act of Parliament or by or under the authority of the Governor in Council,

a department of the Government of Canada,

a Crown corporation established by or pursuant to an Act of Parliament, and

any other body that is specified by an Act of Parliament to be an agent of Her Majesty in right of Canada or to be subject to the direction of the Governor in Council or a minister of the Crown,

any institution of the Legislative Assembly or government of Yukon, the Northwest Territories or Nunavut, or

any Indian band, band council or other body established to perform a governmental function in relation to an Indian band or other group of aboriginal people; (institutions fédérales)

National Capital Region means the National Capital Region described in the schedule to the National Capital Act; (région de la capitale nationale)

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

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

In this section and in Parts II and III, federal court means any court, tribunal or other body that carries out adjudicative functions and is established by or pursuant to an Act of Parliament.

For the purposes of this Act,

language rights are to be given a large, liberal and purposive interpretation;

language rights are to be interpreted in light of their remedial character;

the norm for the interpretation of language rights is substantive equality; and

language rights are to be interpreted by taking into account that French is in a minority situation in Canada and North America due to the predominant use of English and that the English linguistic minority community in Quebec and the French linguistic minority communities in the other provinces and territories have different needs.

English and French are the official languages of Parliament, and everyone has the right to use either of those languages in any debates and other proceedings of Parliament.

Facilities shall be made available for the simultaneous interpretation of the debates and other proceedings of Parliament from one official language into the other.

Everything reported in official reports of debates or other proceedings of Parliament shall be reported in the official language in which it was said and a translation thereof into the other official language shall be included therewith.

The journals and other records of Parliament shall be made and kept, and shall be printed and published, in both official languages.

All Acts of Parliament shall be enacted, printed and published in both official languages.

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

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

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

is of a public and general nature.

All instruments made in the exercise of a prerogative or other executive power that are of a public and general nature shall be made in both official languages and, if printed and published, shall be printed and published in both official languages.

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

a law made by the Legislature of Yukon, of the Northwest Territories or for Nunavut, or any instrument made under any such law, or

a by-law, law or other instrument of an Indian band, band council or other body established to perform a governmental function in relation to an Indian band or other group of aboriginal people.

Any document made by or under the authority of a federal institution that is tabled in the Senate or the House of Commons by the Government of Canada shall be tabled in both official languages.

All rules, orders and regulations governing the practice or procedure in any proceedings before a federal court shall be made, printed and published in both official languages.

The Government of Canada shall take all possible measures to ensure that any treaty or convention between Canada and one or more other states is authenticated in both official languages.

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:

agreements that require the authorization of Parliament or the Governor in Council to be effective;

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

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

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

must be made in both official languages;

must be made available in both official languages at the time of signing or publication; or

must, on request, be translated.

A notice, advertisement or other matter that is required or authorized by or under an Act of Parliament to be published by or under the authority of a federal institution primarily for the information of members of the public shall,

wherever possible, appear in publications in general circulation within each region where the matter applies, with the English version appearing in at least one publication that is mainly in English and the French version appearing in at least one publication that is mainly in French or those two versions appearing in at least one publication that appears equally in English and French; and

if there is no publication in general circulation within a region where the matter applies that is mainly in English or mainly in French and no publication in general circulation within that region that appears equally in English and French, appear in both official languages in at least one publication in general circulation within that region.

For greater certainty, a publication referred to in subsection (1) includes a publication in an electronic form.

Where a notice, advertisement or other matter is printed in one or more publications pursuant to subsection (1), it shall be given equal prominence in each official language.

All instruments directed to or intended for the notice of the public, purporting to be made or issued by or under the authority of a federal institution, shall be made or issued in both official languages.

Any journal, record, Act of Parliament, instrument, document, rule, order, regulation, treaty, convention, agreement, notice, advertisement or other matter referred to in this Part that is made, enacted, printed, published or tabled in both official languages shall be made, enacted, printed, published or tabled simultaneously in both languages, and both language versions are equally authoritative.

English and French are the official languages of the federal courts, and either of those languages may be used by any person in, or in any pleading in or process issuing from, any federal court.

The choice of either official language by a person appearing before a federal court shall not be prejudicial to that person.

Every federal court has, in any proceedings before it, the duty to ensure that any person giving evidence before it may be heard in the official language of his choice, and that in being so heard the person will not be placed at a disadvantage by not being heard in the other official language.

Every federal court has, in any proceedings conducted before it, the duty to ensure that, at the request of any party to the proceedings, facilities are made available for the simultaneous interpretation of the proceedings, including the evidence given and taken, from one official language into the other.

A federal court may, in any proceedings conducted before it, cause facilities to be made available for the simultaneous interpretation of the proceedings, including evidence given and taken, from one official language into the other where it considers the proceedings to be of general public interest or importance or where it otherwise considers it desirable to do so for members of the public in attendance at the proceedings.

Every federal court has the duty to ensure that

if English is the language chosen by the parties for proceedings conducted before it in any particular case, every judge or other officer who hears those proceedings is able to understand English without the assistance of an interpreter;

if French is the language chosen by the parties for proceedings conducted before it in any particular case, every judge or other officer who hears those proceedings is able to understand French without the assistance of an interpreter; and

if both English and French are the languages chosen by the parties for proceedings conducted before it in any particular case, every judge or other officer who hears those proceedings is able to understand both languages without the assistance of an interpreter.

For greater certainty, subsection (1) applies to a federal court only in relation to its adjudicative functions.

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).

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.

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

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.

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

The Governor in Council may make any rules governing the procedure in proceedings before any federal court, other than the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, including rules respecting the giving of notice, that the Governor in Council deems necessary to enable that federal court to comply with sections 15 and 16 in the exercise of any of its powers or duties.

Subject to the approval of the Governor in Council, the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada may make any rules governing the procedure in their own proceedings, including rules respecting the giving of notice, that they deem necessary to enable themselves to comply with sections 15 and 16 in the exercise of any of their powers or duties.

Where Her Majesty in right of Canada or a federal institution is a party to civil proceedings before a federal court,

Her Majesty or the institution concerned shall use, in any oral or written pleadings in the proceedings, the official language chosen by the other parties unless it is established by Her Majesty or the institution that reasonable notice of the language chosen has not been given; and

if the other parties fail to choose or agree on the official language to be used in those pleadings, Her Majesty or the institution concerned shall use such official language as is reasonable, having regard to the circumstances.

The pre-printed portion of any form that is used in proceedings before a federal court and is required to be served by any federal institution that is a party to the proceedings on any other party shall be in both official languages.

The particular details that are added to a form referred to in subsection (1) may be set out in either official language but, where the details are set out in only one official language, it shall be clearly indicated on the form that a translation of the details into the other official language may be obtained, and, if a request for a translation is made, a translation shall be made available forthwith by the party that served the form.

Any final decision, order or judgment, including any reasons given therefor, issued by any federal court shall be made available simultaneously in both official languages where

the decision, order or judgment determines a question of law of general public interest or importance;

the decision, order or judgment has precedential value; or

the proceedings leading to its issuance were conducted in whole or in part in both official languages.

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

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

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.

Nothing in subsection (1) or (2) shall be construed as prohibiting the oral rendition or delivery, in only one of the official languages, of any decision, order or judgment or any reasons given therefor.

No decision, order or judgment issued by a federal court is invalid by reason only that it was not made or issued in both official languages.

Any member of the public in Canada has the right to communicate with and to receive available services from federal institutions in accordance with this Part.

Every federal institution has the duty to ensure that any member of the public can communicate with and obtain available services from its head or central office in either official language, and has the same duty with respect to any of its other offices or facilities

within the National Capital Region; or

in Canada or elsewhere, where there is significant demand for communications with and services from that office or facility in that language.

For greater certainty, in addition to the duty set out in section 22, every federal institution that provides services or makes them available to the travelling public has the duty to ensure that any member of the travelling public can communicate with and obtain those services in either official language from any office or facility of the institution in Canada or elsewhere where there is significant demand for those services in that language.

Every federal institution has the duty to ensure that such services to the travelling public as may be prescribed by regulation of the Governor in Council that are provided or made available by another person or organization pursuant to a contract with the federal institution for the provision of those services at an office or facility referred to in subsection (1) are provided or made available, in both official languages, in the manner prescribed by regulation of the Governor in Council.

Every federal institution has the duty to ensure that any member of the public can communicate in either official language with, and obtain available services in either official language from, any of its offices or facilities in Canada or elsewhere

in any circumstances prescribed by regulation of the Governor in Council that relate to any of the following:

the health, safety or security of members of the public,

the location of the office or facility, or

the national or international mandate of the office; or

in any other circumstances prescribed by regulation of the Governor in Council where, due to the nature of the office or facility, it is reasonable that communications with and services from that office or facility be available in both official languages.

Any federal institution that reports directly to Parliament on any of its activities has the duty to ensure that any member of the public can communicate with and obtain available services from all of its offices or facilities in Canada or elsewhere in either official language.

Without restricting the generality of subsection (2), the duty set out in that subsection applies in respect of

the Office of the Commissioner of Official Languages;

the Office of the Chief Electoral Officer;

the Office of the Public Sector Integrity Commissioner;

the Office of the Auditor General;

the Office of the Information Commissioner;

the Office of the Privacy Commissioner; and

the Office of the Commissioner of Lobbying.

Every federal institution has the duty to ensure that, where services are provided or made available by another person or organization on its behalf, any member of the public in Canada or elsewhere can communicate with and obtain those services from that person or organization in either official language in any case where those services, if provided by the institution, would be required under this Part to be provided in either official language.

For the purpose of subsection (1), the other person or organization is presumed to provide or make available services on behalf of the federal institution if

the federal institution exercises sufficient control over the other person or organization; or

the other person or organization implements a program or legislative regime for which the federal institution is responsible.

For greater certainty, a mere financial contribution by the Government of Canada to another person or organization is not sufficient to trigger the application of subsection (1).

Every federal institution that regulates persons or organizations with respect to any of their activities that relate to the health, safety or security of members of the public has the duty to ensure, through its regulation of those persons or organizations, wherever it is reasonable to do so in the circumstances, that members of the public can communicate with and obtain available services from those persons or organizations in relation to those activities in both official languages.

Wherever in this Part there is a duty in respect of communications and services in both official languages, the duty applies in respect of oral and written communications and in respect of any documents or activities that relate to those communications or services.

Every federal institution that is required under this Part to ensure that any member of the public can communicate with and obtain available services from an office or facility of that institution, or of another person or organization on behalf of that institution, in either official language shall ensure that appropriate measures are taken, including the provision of signs, notices and other information on services and the initiation of communication with the public, to make it known to members of the public that those services are available in either official language at the choice of any member of the public.

Where a federal institution identifies any of its offices or facilities with signs, each sign shall include both official languages or be placed together with a similar sign of equal prominence in the other official language.

Subject to Part II, where a federal institution is engaged in communications with members of the public in both official languages as required in this Part, it shall communicate by using such media of communication as will reach members of the public in the official language of their choice in an effective and efficient manner that is consistent with the purposes of this Act.

In the event of any inconsistency between this Part and Part V, this Part prevails to the extent of the inconsistency.

The Governor in Council may make regulations

prescribing the circumstances in which there is significant demand for the purpose of paragraph 22(b) or subsection 23(1);

prescribing circumstances not otherwise provided for under this Part in which federal institutions have the duty to ensure that any member of the public can communicate with and obtain available services from offices of the institution in either official language;

prescribing services, and the manner in which those services are to be provided or made available, for the purpose of subsection 23(2);

prescribing circumstances, in relation to the public or the travelling public, for the purpose of paragraph 24(1)(a) or (b); and

defining the expression “English or French linguistic minority population” for the purpose of paragraph (2)(a).

In prescribing circumstances under paragraph (1)(a) or (b), the Governor in Council may have regard to

the number of persons composing the English or French linguistic minority population of the area served by an office or facility, the particular characteristics of that population and the proportion of that population to the total population of that area;

the volume of communications or services between an office or facility and members of the public using each official language; and

any other factors that the Governor in Council considers appropriate.

The Governor in Council may make any regulations that the Governor in Council considers necessary to foster actively communications with and services from offices or facilities 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 — in both official languages, if those communications and services are required under this Part to be provided in both official languages.

In this Part, employee includes an employee who represents the employer, a person who performs for an employer activities whose primary purpose is to enable the person to acquire knowledge or experience and a person who has been placed by a temporary help agency.

English and French are the languages of work in all federal institutions, and employees of all federal institutions have the right to use either official language in accordance with this Part.

A person appointed by the Governor in Council to the position of deputy minister or associate deputy minister or a position of an equivalent rank in a department named in Schedule I to the Financial Administration Act shall, on their appointment, take the language training that is necessary to be able to speak and understand clearly both official languages.

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, work environments of the institution are conducive to the effective use of both official languages and accommodate the use of either official language by its employees; and

in all parts or regions of Canada not prescribed for the purpose of paragraph (a), the treatment of both official languages in the work environments of the institution in parts or regions of Canada where one official language predominates is reasonably comparable to the treatment of both official languages in the work environments of the institution in parts or regions of Canada where the other official language predominates.