task6_model_deployment/assets/C-13_4.txt

Page 1 
First Session, Forty-fourth Parliament,
70-71 Elizabeth II – 1 Charles III, 2021-2022-2023
STATUTES OF CANADA 2023
CHAPTER 15
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
ASSENTED TO
JUNE 20, 2023
BILL C-13

Page 2 
RECOMMENDATION
Her Excellency the Governor General recommends to the House
of Commons the appropriation of public revenue under the cir-
cumstances, 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 Busi-
nesses Act and to make related amendments to other Acts”.
SUMMARY
Part 1 amends the Official Languages Act to, among other
things,
(a) specify that all legal obligations related to the official lan-
guages apply at all times, including during emergencies;
(b) codify certain interpretative principles regarding lan-
guage rights;
(c) provide that section 16 of that Act applies to the Supreme
Court of Canada;
(d) provide that a final decision, order or judgment of a fed-
eral court that has precedential value is to be made available
simultaneously in both official languages;
(e) provide for Government of Canada commitments to
(i) protect and promote French,
(ii) estimate the number of children whose parents are
rights holders under section 23 of the Canadian Charter of
Rights and Freedoms,
(iii) advance formal, non-formal and informal opportuni-
ties for members of English and French linguistic minority
communities to pursue quality learning in their own lan-
guage throughout their lives, including from early child-
hood to post-secondary education, and
(iv) advance the use of English and French in the conduct
of Canada’s external affairs;
(f) clarify the nature of the duty of federal institutions to take
positive measures to implement certain Government of
Canada commitments and the manner in which the duty is to
be carried out;
(g) provide for certain positive measures that federal institu-
tions may take to implement certain Government of Canada
commitments, including measures to
(i) promote and support the learning of English and
French in Canada, and
(ii) support sectors that are essential to enhancing the vi-
tality of English and French linguistic minority communi-
ties and protect and promote the presence of strong insti-
tutions serving those communities;
Available on the House of Commons website at the following address:
www.ourcommons.ca
2021-2022-2023

Page 3 
(h) provide for certain measures that the Minister of Canadi-
an Heritage may take to advance the equality of status and
use of English and French in Canadian society;
(i) provide that the Minister of Citizenship and Immigration is
required to adopt a policy on francophone immigration and
that the policy is to include, among other things, objectives,
targets and indicators;
(j) provide that the Government of Canada recognizes the im-
portance of cooperating with provincial and territorial gov-
ernments;
(k) provide that the Treasury Board is required to establish
policies to give effect to certain parts of that Act, monitor and
audit federal institutions for their compliance with policies,
directives and regulations relating to the official languages,
evaluate the effectiveness and efficiency of policies and pro-
grams of federal institutions relating to the official languages
and provide certain information to the public and to employ-
ees of federal institutions;
(l) enable the Commissioner of Official Languages to enter
into compliance agreements and, in certain cases, to make
orders; and
(m) enable the Commissioner of Official Languages to im-
pose administrative monetary penalties on certain entities for
non-compliance with certain provisions of Part IV of that Act.
It also makes a related amendment to the Department of Canadi-
an Heritage Act.
Part 2 enacts the Use of French in Federally Regulated Private
Businesses Act, which, among other things, provides for rights
and duties respecting the use of French as a language of service
and a language of work in relation to federally regulated private
businesses in Quebec and then, at a later date, in regions with a
strong francophone presence. That Act also allows employees of
federally regulated private businesses to make a complaint to
the Commissioner of Official Languages with respect to rights
and duties in relation to language of work and allows the Com-
missioner to refer the complaint to the Canada Industrial Rela-
tions Board in certain circumstances. It also provides that the
Minister of Canadian Heritage is responsible for promoting those
rights. Finally, Part 2 makes related amendments to the Canada
Labour Code.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
SUMMARY

Page 4 

Page 5 
TABLE OF PROVISIONS
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
An Act for the Substantive Equality of Canada’s Official
Languages
1
PART 1
Official Languages Act
Amendments to the Act
2
Related Amendment to the Department of Canadian Her-
itage Act
52
Regulations
53
PART 2
Use of French in Federally Regulated
Private Businesses Act
Enactment of Act
54
An Act respecting the use of French
in federally regulated private
businesses in Quebec and in regions
with a strong francophone presence
Short Title
Use of French in Federally Regulated Private Businesses
Act
1
Interpretation
Definitions
2
Language rights
3
Purpose
Purpose
4
Non-application
Broadcasting
5
Charter of the French language
6
2021-2022-2023

Page 6 
Rights and Duties
Communications with and Services to
Consumers
Communications and services in French
7
Scope of duty
8
Language of Work
Language rights at work
9
Duty — arbitral awards
9.1
Rights of trade unions
9.2
Fostering use of French
10
Adverse treatment
11
Minister’s Role
Role
12
Promotion of rights
13
Commissioner’s Duty
Duty
14
Remedies — Communications with
and Services to Consumers
Complaint to Commissioner
15
Part IX of Official Languages Act
16
Part X of Official Languages Act
17
Remedies — Language of Work
Complaint to Commissioner
18
Part IX of Official Languages Act
19
Part X of Official Languages Act
20
Referral to Board
21
Board’s decision
22
Dealing with complaint
23
Powers of Board
24
Consultation
25
Regulations of Board
26
Rejection of complaint
27
Board orders
28
Copy of decision
29
Enforcement of orders
30
No civil remedy affected
31
Regulations
32
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
TABLE OF PROVISIONS

Page 7 
General
Regulations
33
Consultations
34
Tabling of draft of proposed regulation
35
Publication of proposed regulation
36
Permanent review by parliamentary committee
37
Section 126 of Criminal Code
38
Parliamentary and judicial powers, privileges and immu-
nities
39
Rights relating to other languages
40
Compliance agreements — Quebec (communications
and services)
41
Review
42
Amendments to the Act
55
Related Amendments to the Canada Labour Code
64
Transitional Provision
68
PART 3
Coordinating Amendments and
Coming into Force
Coordinating Amendments
This Act
69
Coming into Force
First anniversary
71
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
TABLE OF PROVISIONS

Page 8 

Page 9 
70-71 ELIZABETH II – 1 CHARLES III
CHAPTER 15
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
[Assented to 20th June, 2023]
His Majesty, by and with the advice and consent of
the Senate and House of Commons of Canada,
enacts as follows:
Short Title
Short title
1 This Act may be cited as An Act for the Substantive
Equality of Canada’s Official Languages.
PART 1
R.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 fol-
lowing:
AND WHEREAS employees of institutions of the Parlia-
ment or government of Canada should have equal oppor-
tunities to use the official language of their choice while
working together in pursuing the goals of those institu-
tions;
(2) The seventh and eighth paragraphs of the
preamble to the Act are replaced by the follow-
ing:
AND WHEREAS the Government of Canada is commit-
ted to enhancing the vitality and supporting the develop-
ment of English and French linguistic minority commu-
nities — taking into account their uniqueness, diversity
and historical and cultural contributions to Canadian
2021-2022-2023

Page 10 
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 commit-
ted 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 commit-
ted to cooperating with provincial and territorial govern-
ments 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 edu-
cational 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 offi-
cial 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 communi-
ties;
AND WHEREAS the Government of Canada recognizes
that the Canadian Broadcasting Corporation contributes
through its activities to enhancing the vitality of the En-
glish 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 demo-
graphic weight of French linguistic minority communi-
ties, including by restoring and increasing their demo-
graphic weight;
AND WHEREAS the Government of Canada recognizes
the importance of francophone immigration in enhanc-
ing the vitality of French linguistic minority communi-
ties, including by restoring and increasing their demo-
graphic weight;
AND WHEREAS the Government of Canada recognizes
the importance of the French language to trade and eco-
nomic activity and the contribution of francophone im-
migration to the economy;
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
2

Page 11 
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 equali-
ty 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 privi-
leges 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 com-
munity 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, poli-
cies or programs guaranteeing service in French or rec-
ognizing the contribution of the English or French lin-
guistic 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 lan-
guages;
AND WHEREAS all legal obligations related to the offi-
cial languages apply at all times, including during emer-
gencies;
3 Paragraph 2(b) of the Act is replaced by the fol-
lowing:
(b) 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;
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 2-3

Page 12 
(b.1) advance the equality of status and use of the En-
glish and French languages within Canadian society,
taking into account the fact that French is in a minori-
ty situation in Canada and North America due to the
predominant use of English and that there is a diversi-
ty 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;
(b.2) advance the existence of a majority-French soci-
ety in a Quebec where the future of French is assured;
and
4 The Act is amended by adding the following af-
ter section 2:
Government-wide Coordination
President of the Treasury Board
2.1 (1) The President of the Treasury Board is responsi-
ble for exercising leadership within the Government of
Canada in relation to the implementation of this Act.
Coordination
(2) The President of the Treasury Board shall, in consul-
tation with the other ministers of the Crown, coordinate
the implementation of this Act, including the implemen-
tation of the commitments set out in subsections 41(1) to
(3), and ensure good governance of this Act.
Government-wide strategy on official languages
2.2 (1) The Minister of Canadian Heritage shall, in con-
sultation with the President of the Treasury Board, devel-
op and maintain a government-wide strategy that sets
out the overall official languages priorities.
Cooperation
(1.1) For greater certainty, the Minister of Canadian
Heritage shall perform the duty under subsection (1) in
cooperation with the other ministers of the Crown.
Tabling in Parliament
(2) 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 de-
veloped, and periodically after that.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 3-4

Page 13 
Accessible to public
(3) That Minister shall make the strategy accessible to
the public through the Internet or by any other means
that that Minister considers appropriate.
Process — implementation of commitment under
subsection 41(4)
2.3 The Minister of Canadian Heritage shall establish a
process for the Government of Canada to implement its
commitment under subsection 41(4).
5 The heading before section 3 of the French ver-
sion of the Act is replaced by the following:
Définitions et interprétation
6 (1) The definition commissaire in subsection
3(1) of the French version of the Act is replaced
by the following:
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 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 de-
fined in section 2 of the Federal Courts Rules; (jour
ouvrable)
communication means any form of communication, in-
cluding oral, written, electronic, virtual or other commu-
nications; (communication)
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 re-
turn 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 pop-
ulation of Canada taken by Statistics Canada in 1971,
namely, 6.1% of the population outside Quebec; (réta-
blissement)
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 4-6

Page 14 
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 af-
ter section 3:
Language rights
3.1 For the purposes of this Act,
(a) language rights are to be given a large, liberal and
purposive interpretation;
(b) language rights are to be interpreted in light of
their remedial character;
(c) the norm for the interpretation of language rights
is substantive equality; and
(d) 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 mi-
nority communities in the other provinces and territo-
ries have different needs.
8 (1) Subsection 7(1) of the Act is replaced by the
following:
Legislative instruments
7 (1) An instrument shall be made in both official lan-
guages 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 be-
fore paragraph (a) is replaced by the following:
Exceptions
(3) Subsection (1) does not, by reason only that the ordi-
nance, by-law, law or other instrument is of a public and
general nature, apply to
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 6-8

Page 15 
(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:
Traités
10 (1) Le gouvernement fédéral prend toutes les me-
sures possibles pour veiller à ce que les traités et conven-
tions 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 be-
fore paragraph (a) is replaced by the following:
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 re-
placed by the following:
(b) agreements entered into with one or more
provinces or territories if English and French are de-
clared 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 be-
fore paragraph (a) is replaced by the following:
Regulations
(3) The Governor in Council may make regulations pre-
scribing 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:
Notices, advertisements and other published matters
11 (1) A notice, advertisement or other matter that is re-
quired or authorized by or under an Act of Parliament to
be published by or under the authority of a federal
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 8-10

Page 16 
institution primarily for the information of members of
the public shall,
(a) wherever possible, appear in publications in gen-
eral 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 appear-
ing in at least one publication that appears equally in
English and French; and
(b) 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 circu-
lation within that region.
Publications in electronic form
(1.1) For greater certainty, a publication referred to in
subsection (1) includes a publication in an electronic
form.
10.1 Section 14 of the Act becomes subsection
14(1) and is amended by adding the following af-
ter that subsection:
Appearing in official language of choice
(2) The choice of either official language by a person ap-
pearing before a federal court shall not be prejudicial to
that person.
11 (1) The portion of subsection 16(1) of the Act
before paragraph (a) is replaced by the follow-
ing:
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:
Appointments
(3) The Government of Canada must, when making ap-
pointments to the federal courts, ensure that federal
courts are able to meet their duty under subsection (1).
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 10-11

Page 17 
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.
Application for appointment
16.2 (1) A person who submits an application for ap-
pointment as a judge of a superior court shall indicate
their skill level in both official languages.
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.
Language training
16.3 The Office of the Commissioner for Federal Judi-
cial 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:
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 earli-
est 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 si-
multaneously in both official languages; or
(b) the decision, order or judgment is required to be
made available simultaneously in both official lan-
guages 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 occa-
sion a delay prejudicial to the public interest or
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 11-12

Page 18 
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:
Travelling public
23 (1) 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 signifi-
cant demand for those services in that language.
12.2 Section 25 of the Act is renumbered as sub-
section 25(1) and is amended by adding the fol-
lowing:
Presumption
(2) 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
(a) the federal institution exercises sufficient control
over the other person or organization; or
(b) the other person or organization implements a
program or legislative regime for which the federal in-
stitution is responsible.
For greater certainty
(3) For greater certainty, a mere financial contribution
by the Government of Canada to another person or orga-
nization is not sufficient to trigger the application of sub-
section (1).
13 Section 33 of the French version of the Act is
replaced by the following:
Règlements
33 Le gouverneur en conseil peut, par règlement,
prendre les mesures d’incitation qu’il estime nécessaires
pour favoriser activement les communications avec les
institutions fédérales — autres que le Sénat, la Chambre
des communes, la bibliothèque du Parlement, le bureau
du conseiller sénatorial en éthique, le bureau du commis-
saire aux conflits d’intérêts et à l’éthique, le Service de
protection parlementaire ou le bureau du directeur parle-
mentaire du budget — et la prestation par elles de ser-
vices dans les deux langues officielles, si elles sont tenues
de pourvoir ces communications et services dans ces
deux langues au titre de la présente partie.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 12-13

Page 19 
14 Section 34 of the Act is replaced by the follow-
ing:
Definition of employee
33.1 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 per-
son who has been placed by a temporary help agency.
Rights relating to language of work
34 (1) English and French are the languages of work in
all federal institutions, and employees of all federal insti-
tutions have the right to use either official language in ac-
cordance with this Part.
Deputy ministers and associate deputy ministers
(2) 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.
15 Paragraph 35(1)(a) of the Act is replaced by
the following:
(a) 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 institu-
tion are conducive to the effective use of both official
languages and accommodate the use of either official
language by its employees; and
16 (1) Paragraph 36(1)(a) of the Act is replaced
by the following:
(a) make available in both official languages to em-
ployees of the institution
(i) services that are provided to employees, includ-
ing services that are provided to them as individu-
als 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:
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 14-16

Page 20 
(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 lan-
guage; 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 supervi-
sors are able to communicate in both official lan-
guages with employees of the institution in carrying
out their managerial or supervisory responsibilities;
and
(d) ensure that any management group that is respon-
sible for the general direction of the institution as a
whole has the capacity to function in both official lan-
guages.
(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 communi-
cate 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:
Additional duties
(2) Every federal institution has the duty to ensure that,
within the National Capital Region and in any part or re-
gion 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 addi-
tion 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 lan-
guages and accommodate the use of either official lan-
guage by its employees.
(5) Section 36 of the Act is amended by adding the
following after subsection (2):
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
16

Page 21 
Acquired rights
(3) Nothing in subparagraph (1)(c)(ii) abrogates or dero-
gates from the right of a person to hold a position or car-
ry out managerial or supervisory responsibilities in a fed-
eral institution if they held that position or carried out
those responsibilities in the institution immediately be-
fore the coming into force of that subparagraph.
17 Section 37 of the Act is replaced by the follow-
ing:
Special duties
37 Every federal institution that has authority to direct,
or provides services to, other federal institutions has the
duty to ensure that it exercises its powers and carries out
its duties in relation to those other institutions in a man-
ner that accommodates the use of either official language
by employees of those institutions.
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 in-
struments that those institutions are to make avail-
able 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 tak-
en, 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 re-
placed 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:
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 16-19

Page 22 
Employment opportunities
(2) In carrying out the commitment of the Government
of Canada under subsection (1), federal institutions shall
ensure that employment opportunities are open to both
English-speaking Canadians and French-speaking Cana-
dians, taking into account the purposes and provisions of
this Act.
20 Section 40 of the Act is replaced by the follow-
ing:
Regulations
40 The Governor in Council may make regulations for
the purposes of this Part.
21 The heading of Part VII and sections 41 and 42
of the Act are replaced by the following:
Advancement of Equality of
Status and Use of English and
French
Commitment — enhancing vitality of communities
and fostering English and French
41 (1) The Government of Canada is committed to
(a) enhancing the vitality of the English and French
linguistic minority communities in Canada and sup-
porting and assisting their development, taking into
account their uniqueness, diversity and historical and
cultural contributions to Canadian society; and
(b) fostering the full recognition and use of both En-
glish and French in Canadian society.
Commitment — protection and promotion of French
(2) The Government of Canada, recognizing and taking
into account that French is in a minority situation in
Canada and North America due to the predominant use
of English, is committed to protecting and promoting the
French language.
Commitment — learning in minority language
(3) The Government of Canada is committed to advanc-
ing formal, non-formal and informal opportunities for
members of English and French linguistic minority com-
munities to pursue quality learning in their own language
throughout their lives, including from early childhood to
post-secondary education.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 19-21

Page 23 
Commitment — section 23 of the Canadian Charter of
Rights and Freedoms
(4) The Government of Canada shall estimate periodical-
ly, using the necessary tools, the number of children
whose parents have, under section 23 of the Canadian
Charter of Rights and Freedoms, the right to have their
children receive their instruction in the language of the
English or French linguistic minority population of a
province or territory, including the right to have them re-
ceive that instruction in minority language educational
facilities.
Duty of federal institutions — positive measures
(5) Every federal institution has the duty to ensure that
the commitments under subsections (1) to (3) are imple-
mented by the taking of positive measures.
Positive measures
(6) Positive measures taken under subsection (5)
(a) shall be concrete and taken with the intention of
having a beneficial effect on the implementation of the
commitments under subsections (1) to (3);
(b) shall respect
(i) the necessity of protecting and promoting the
French language in each province and territory,
taking into account that French is in a minority sit-
uation in Canada and North America due to the
predominant use of English, and
(ii) the necessity of considering the specific needs
of each of the two official language communities of
Canada, taking into account the equal importance
of the two communities; and
(c) may include measures, among others, to
(i) promote and support the learning of English
and French in Canada,
(ii) foster an acceptance and appreciation of both
English and French by members of the public,
(iii) induce and assist organizations and institu-
tions to project and promote the bilingual character
of Canada in their activities in Canada or elsewhere,
(iii.1) restore and increase the demographic weight
of French linguistic minority communities,
(iv) support the creation and dissemination of in-
formation in French that contributes to the
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
21

Page 24 
advancement of scientific knowledge in any disci-
pline, and
(v) support sectors that are essential to enhancing
the vitality of English and French linguistic minori-
ty communities, including the culture, education —
from early childhood to post-secondary education
— health, justice, employment and immigration
sectors, and protect and promote the presence of
strong institutions serving those communities.
Potential to take positive measures and negative
impacts
(7) In carrying out its mandate, every federal institution
shall, on the basis of analyses,
(a) consider whether positive measures could poten-
tially be taken under subsection (5);
(a.1) subject to the regulations, take the necessary
measures to promote, when negotiating agreements
with the provincial and territorial governments, in-
cluding funding agreements, that may contribute to
the implementation of the commitments under sub-
sections (1) to (3), the inclusion in those agreements of
provisions establishing the parties’ duties under the
agreements respecting official languages; and
(b) consider the possibilities for avoiding, or at least
mitigating, the direct negative impacts that its struc-
turing decisions may have on the commitments under
subsections (1) to (3).
Dialogue and consultation activities, research and
evidence-based findings
(8) The analyses referred to in subsection (7) shall be
founded, to the extent possible, on the results of dialogue
and consultation activities, on research and on evidence-
based findings.
Objective of dialogue and consultation activities
(9) The objective of the dialogue and consultation activi-
ties carried out for the purposes of subsection (8) is to
permit the priorities of the English and French linguistic
minority communities and other stakeholders to be taken
into account, including in relation to the duty under
paragraph (7)(a.1).
Dialogue and consultation activities
(9.1) In carrying out this objective, every federal institu-
tion shall
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
21

Page 25 
(a) gather relevant information;
(b) seek the opinions of English and French linguistic
minority communities and other stakeholders about
the positive measures that are the subject of the con-
sultations;
(c) provide the participants with relevant information
on which those positive measures are based;
(d) openly and meaningfully consider their opinions;
and
(e) be prepared to alter those positive measures.
Evaluation and monitoring mechanisms
(10) Every federal institution shall establish evaluation
and monitoring mechanisms in relation to the positive
measures taken under subsection (5) and in relation to
the duty under paragraph (7)(a.1). For greater certainty,
these mechanisms shall take into account the obligations
set out in subsections 41(7) to (9) and the provisions with
respect to dialogue and consultation activities.
Publication
(10.1) Subject to subsections (10.2) and (10.3) and the
regulations, every federal institution that is a party to an
agreement referred to in paragraph (7)(a.1) that includes
provisions referred to in that paragraph shall cause the
agreement to be published on the Internet or by any oth-
er means the institution considers appropriate.
Publication not required
(10.2) The federal institution is not required to cause the
agreement to be published, in whole or in part, in the
case where, if Part 1 of the Access to Information Act ap-
plied to the institution and in dealing with a request for
access to the agreement, the institution could under that
Part refuse to disclose the agreement, in whole or in part,
for a reason that is set out in that Part.
Publication not permitted
(10.3) The federal institution shall not cause the agree-
ment to be published, in whole or in part, in the case
where, if Part 1 of the Access to Information Act applied
to the institution and in dealing with a request for access
to the agreement, the institution would be required un-
der that Part to refuse to disclose the agreement, in
whole or in part, for a reason that is set out in that Part
or because that Part does not apply to the agreement.
Regulations
(10.4) The Governor in Council may, on the recommen-
dation of the Treasury Board made after consultation
with 
the 
Minister 
of 
Canadian 
Heritage, 
make
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
21

Page 26 
regulations in respect of the duties 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, Parlia-
mentary Protective Service or office of the Parliamentary
Budget Officer — under paragraph (7)(a.1) and subsec-
tion (10.1), including regulations
(a) prescribing the manner in which those duties are
to be carried out and reported on; and
(b) respecting the content of the provisions referred to
in paragraph (7)(a.1).
Regulations
(11) The Governor in Council may, on the recommenda-
tion of the Treasury Board made after consultation with
the Minister of Canadian Heritage, make regulations in
respect 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 Ser-
vice or office of the Parliamentary Budget Officer, pre-
scribing the manner in which any duties of those institu-
tions under this Part are to be carried out.
For greater certainty
(12) For greater certainty, the express powers, duties
and functions of certain ministers of the Crown provided
for in this Part do not limit the duties of federal institu-
tions under this Part.
Disposal strategy — considerations
41.1 (1) In developing a disposal strategy for a surplus
federal real property or a federal immovable, every de-
partment and supporting federal institution shall take in-
to account the needs and priorities of the English or
French linguistic minority communities of the province
or territory where the federal real property or federal im-
movable is located.
Consultations
(2) In taking into account the needs and priorities under
subsection (1), departments shall consult English or
French linguistic minority communities and other stake-
holders, including school boards or commissions.
Commitment — bilingualism and promoting French
abroad
42 (1) The Government of Canada is committed to ad-
vancing the use of English and French in the conduct of
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
21

Page 27 
Canada’s external affairs and to promoting French as
part of Canada’s diplomatic relations.
Implementation
(2) The Minister of Foreign Affairs shall implement the
commitment under subsection (1).
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 in accordance with
the licences issued to it under that Act by the Canadian
Radio-television and Telecommunications Commission
and subject to any applicable regulations of that Com-
mission, contributes through its activities to enhancing
the vitality of the English and French linguistic minority
communities in Canada and to the protection and pro-
motion of both official languages. This recognition is
made while respecting the freedom of expression and the
journalistic, creative and programming independence en-
joyed by the Canadian Broadcasting Corporation.
22 (1) The portion of subsection 43(1) of the Act
before paragraph (a) is replaced by the follow-
ing:
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 re-
placed by the following:
(b) support the development and promotion of fran-
cophone culture in Canada, including through the ac-
tivities of entities for which that Minister is responsi-
ble 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 admin-
istering a program whose purpose is to provide fund-
ing 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
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 21-22

Page 28 
French linguistic minority communities to be educat-
ed in their own language;
(e) encourage and assist provincial and territorial gov-
ernments and non-profit organizations to provide op-
portunities for everyone in Canada to learn both En-
glish and French and to foster an acceptance and ap-
preciation of both English and French by members of
the public;
(f) induce the business community, labour organiza-
tions, non-profit organizations and other organiza-
tions or institutions to provide services in both En-
glish and French and to foster the recognition and use
of those languages;
(g) implement programs in support of official lan-
guages; and
(2) Subsection 43(2) of the Act is replaced by the
following:
Consultation and information to public
(2) The Minister of Canadian Heritage shall take such
measures as that Minister considers appropriate to en-
sure 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:
Policy on francophone immigration
44.1 (1) The Minister of Citizenship and Immigration
shall adopt a policy on francophone immigration to en-
hance the vitality of French linguistic minority communi-
ties in Canada, including by restoring and increasing
their demographic weight.
Contents
(2) The policy shall include, among other things,
(a) objectives, targets and indicators;
(a.1) mechanisms for information sharing and for re-
porting;
(b) a statement that the Government of Canada recog-
nizes that immigration is one of the factors that con-
tributes to maintaining or increasing the demographic
weight of French linguistic minority communities in
Canada; and
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 22-23

Page 29 
(c) a statement that the Government of Canada recog-
nizes the importance of francophone immigration to
economic development.
24 Section 45 of the Act is replaced by the follow-
ing:
Consultation and negotiation — provinces and
territories
45 Any minister of the Crown designated by the Gover-
nor in Council may consult and may negotiate agree-
ments with the provincial and territorial governments to
ensure, to the greatest practical extent but subject to Part
IV, that the provision of federal, provincial, territorial,
municipal and education services in both official lan-
guages is coordinated and that regard is had to the needs
of the recipients of those services.
Cooperation — provinces and territories
45.1 (1) The Government of Canada recognizes the im-
portance of cooperating with provincial and territorial
governments in the implementation of this Part, taking
into account 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
(a) 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 En-
glish or French in any pleading or process in or from
the courts of those provinces;
(b) Quebec’s Charter of the French language provides
that French is the official language of Quebec;
(c) 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
(d) the Constitution of Canada provides that the En-
glish linguistic community and the French linguistic
community in New Brunswick have equality of status
and equal rights and privileges.
For greater certainty
(2) For greater certainty, the implementation of this Part
shall be carried out while respecting the jurisdiction and
powers of the provinces and territories.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 23-24

Page 30 
25 (1) Subsection 46(1) of the Act is replaced by
the following:
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 Parlia-
ment, office of the Senate Ethics Officer, office of the
Conflict of Interest and Ethics Commissioner, Parliamen-
tary 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 re-
pealed.
(4) Section 46 of the Act is amended by adding the
following after subsection (2):
Duties of Treasury Board
(3) In carrying out its responsibilities under subsection
(1), the Treasury Board shall
(a) establish policies, recommend policies to the Gov-
ernor in Council or issue directives to give effect to
Parts IV, V and VI;
(b) in consultation with the Minister of Canadian Her-
itage, 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 offi-
cial languages of Canada;
(d) evaluate the effectiveness and efficiency of policies
and programs of federal institutions relating to the of-
ficial languages of Canada;
(e) provide information to the public and to employ-
ees of federal institutions relating to the policies, di-
rectives and programs that give effect to Parts IV, V
and VI; and
(f) provide information to employees of federal insti-
tutions relating to the policies, directives and pro-
grams that give effect to subsection 41(5) and para-
graph 41(7)(a.1).
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
25

Page 31 
26 Sections 47 and 48 of the Act are replaced by
the following:
Audit reports to Commissioner
47 The Chief Human Resources Officer appointed under
subsection 6(2.1) of the Financial Administration Act
shall provide the Commissioner with any audit reports
that are prepared under paragraph 46(3)(c).
Annual report to Parliament
48 The President of the Treasury Board shall, within
such time as is reasonably practicable after the termina-
tion of each financial year, submit an annual report to
Parliament on the exercise of the Treasury Board’s pow-
ers and the performance of its duties and functions con-
ferred under this Act and the status of programs relating
to the official languages of Canada in the various federal
institutions in respect of which it has responsibility un-
der section 46.
27 Section 51 of the Act is replaced by the follow-
ing:
Staff
51 The employees that are necessary for the proper con-
duct of the work of the office of the Commissioner shall
be appointed in the manner authorized by law.
28 Section 53 of the Act is replaced by the follow-
ing:
Public Service Superannuation Act
53 The Commissioner and the employees of the office of
the Commissioner appointed under section 51 shall be
deemed to be persons employed in the public service for
the purposes of the Public Service Superannuation Act.
29 Section 57 of the Act is replaced by the follow-
ing:
Review of regulations, policies and directives
57 The Commissioner may initiate a review of any regu-
lations, policies or directives made under this Act, and
any other regulations, policies or directives that affect or
may affect the status or use of the official languages, and
may refer to and comment on any findings on the review
in a report made to Parliament under section 66 or 67.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 25-29

Page 32 
30 The heading before section 58 of the Act is re-
placed by the following:
Investigations, Compliance
Agreements and Orders
31 (1) Subsection 58(2) of the English version of
the Act is replaced by the following:
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 un-
der subsection 63(1);
(f) the federal institution concerned has taken correc-
tive 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:
Receiving and obtaining information
(2) The Commissioner may direct that information relat-
ing to any investigation under this Act be received or ob-
tained, in whole or in part, by any employee of the office
of the Commissioner appointed under section 51 and that
employee shall, subject to any restrictions or limitations
that the Commissioner may specify, have all the powers
and duties of the Commissioner under this Act in relation
to the receiving or obtaining of that information.
33 (1) Section 62 of the Act is amended by adding
the following after subsection (1):
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, oth-
er than arbitration.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 30-33

Page 33 
(2) The portion of subsection 62(2) of the English
version of the Act before paragraph (a) is re-
placed by the following:
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 institu-
tion concerned if the Commissioner believes on reason-
able 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 attri-
butions 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:
(b) any Act or regulations, or any policy or directive of
the Governor in Council or the Treasury Board, should
be reconsidered or any practice that leads or is likely
to lead to a contravention of this Act should be altered
or discontinued, or
35 The Act is amended by adding the following
after section 63:
Publication
63.1 (1) After carrying out an investigation under this
Act, the Commissioner may make any of the following in-
formation public:
(a) a summary of the investigation;
(b) the findings of the investigation;
(c) any recommendations made by the Commissioner
under subsection 63(3).
Identifying information
(2) The Commissioner shall ensure that the information
made public under subsection (1) is not in a form that
could reasonably be expected to identify the complainant
or any individual.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 33-35

Page 34 
Notice
(3) Before making the information public, the Commis-
sioner shall give to the deputy head or other administra-
tive head of any federal institution concerned at least 30
business days’ notice of the Commissioner’s intention to
make it public.
36 (1) The Act is amended by adding the follow-
ing after section 64:
Compliance agreement
64.1 (1) If, at any time during the course of or after car-
rying out an investigation, the Commissioner has reason-
able grounds to believe that a federal institution has con-
travened this Act, the Commissioner may enter into a
compliance agreement with that federal institution
aimed at ensuring compliance with this Act.
Other party
(2) The complainant may, at the invitation of the Com-
missioner, be made a party to the compliance agreement.
Terms
(3) A compliance agreement may contain any terms that
the Commissioner considers necessary to ensure compli-
ance with this Act.
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 subsec-
tion 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 mat-
ter covered under the agreement.
Effect of compliance agreement — complainant
(2) The complainant, if they are a party to the compli-
ance agreement entered into,
(a) is not permitted to make an application under sub-
section 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
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 35-36

Page 35 
subsection 77(1) in respect of any matter covered un-
der the agreement.
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 com-
plainant is a party to the agreement, to the com-
plainant;
(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 agree-
ment, shall withdraw any applications that they made
under subsection 77(1) in respect of any matter cov-
ered under the agreement.
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 no-
tice to that effect to the deputy head or other administra-
tive head of the federal institution and to the com-
plainant, 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).
Parties to proceedings
(2) A federal institution whose deputy head or other ad-
ministrative head receives a notice under subsection (1),
and a complainant who receives a notice under that sub-
section, have the right to appear as parties to the pro-
ceedings.
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).
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
36

Page 36 
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.
Commissioner’s order
64.5 (1) If, after carrying out an investigation of a com-
plaint, the Commissioner has reasonable grounds to be-
lieve 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 identi-
cal contravention of that duty or violation of that right by
the institution, the Commissioner may make an order di-
recting that institution to take any action that the Com-
missioner considers appropriate to rectify the contraven-
tion or violation.
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 invit-
ed the federal institution to enter into a compliance
agreement under subsection 64.1(1) in respect of that
subject-matter.
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 adminis-
trative 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 subsec-
tion 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).
Condition
(4) The order may include any condition that the Com-
missioner considers appropriate.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
36

Page 37 
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 ex-
ercising 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 peri-
od specified for doing so, any order set out in the no-
tice takes effect in accordance with subsection (6).
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.
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.
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.
Effect of filing
(2) On the certified copy being filed, the decision be-
comes 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 un-
der 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:
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
36

Page 38 
Commissioner’s order
64.5 (1) If, after carrying out an investigation of a com-
plaint, the Commissioner has reasonable grounds to be-
lieve 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 sub-
section 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 Commission-
er 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):
Limitation
(2.1) Despite subsection (1), the Commissioner is not
permitted to make an order under that subsection in re-
spect 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 re-
specting the official languages.
37 The Act is amended by adding the following
after section 65:
Administrative Monetary Penalties
Definitions
65.1 The following definitions apply in sections 65.3 to
65.95 and subsection 66(3).
designated body means a corporation referred to in
section 65.2. (organisme désigné)
penalty means an administrative monetary penalty im-
posed for a violation. (sanction)
Application
65.2 Sections 65.3 to 65.95 apply to a Crown corporation
— or corporation that is subject to this Act under another
Act of Parliament — that
(a) is designated by regulation;
(b) has duties under Part IV;
(c) operates in the transportation sector; and
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 36-37

Page 39 
(d) engages in communications with and provides or
makes available services to the travelling public.
Purpose of penalty
65.3 The purpose of a penalty is to promote compliance
with Part IV and not to punish.
Regulations
65.4 (1) The Governor in Council may, on the recom-
mendation of the Minister of Canadian Heritage, make
regulations
(a) designating any corporation for the purposes of
section 65.2;
(b) designating, as a violation that may be proceeded
with in accordance with sections 65.3 to 65.95, the con-
travention of any specified provision of Part IV or the
regulations made under that Part in respect of speci-
fied communications and services or specified cate-
gories of communications and services;
(c) fixing a penalty, or a range of penalties, in respect
of each violation;
(d) for the purposes of paragraph (3)(d), establishing
other criteria to be considered in determining the
amount of the penalty if a range of penalties is estab-
lished;
(e) increasing the amount of the maximum penalty set
out in subsection (2);
(f) respecting the service of documents required or
authorized to be served under sections 65.3 to 65.95,
including the manner and proof of service and the cir-
cumstances under which documents are to be consid-
ered to be served;
(g) establishing the form and content of notices of vio-
lation; and
(h) generally, for carrying out the purposes and provi-
sions of sections 65.3 to 65.95.
Maximum penalty
(2) Subject to regulations made under paragraph (1)(e),
the maximum penalty in respect of a violation that may
be fixed under regulations made under paragraph (1)(c)
is $25,000.
Criteria — range of penalties
(3) If a range of penalties is fixed by regulations made
under paragraph (1)(c) in respect of a violation, then the
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
37

Page 40 
Commissioner shall take into account the following crite-
ria in determining the amount of the penalty:
(a) the nature and scope of the violation;
(b) the history of compliance, by the designated body
that is believed to have committed the violation, with
the provisions of Part IV and the regulations made un-
der that Part that are designated by regulations made
under paragraph (1)(b);
(c) the designated body’s ability to pay the penalty;
(d) any criteria established by regulation; and
(e) any other relevant criterion.
Violations
65.5 Every designated body that contravenes a provision
designated by regulations made under paragraph
65.4(1)(b) commits a violation and is liable to a penalty of
an amount to be determined in accordance with regula-
tions made under paragraph 65.4(1)(c) and with subsec-
tion 65.4(3).
Notice of violation
65.6 (1) If, after carrying out an investigation of a com-
plaint in respect of a right or duty under a provision des-
ignated by regulations made under paragraph 65.4(1)(b),
the Commissioner has reasonable grounds to believe that
a designated body has committed a violation and has
made a report under subsection 63(1) in respect of that
violation, the Commissioner may issue a notice of viola-
tion and shall cause it to be served — along with the re-
port and any other relevant document — on the body.
Limitation — compliance agreement
(2) However, the Commissioner is not permitted to issue
a notice of violation in respect of the subject-matter of a
complaint unless, before issuing the notice of violation,
the Commissioner invited the designated body to enter
into a compliance agreement under subsection 64.1(1) in
respect of that subject-matter.
Limitation — previous notice of violation
(3) The Commissioner is not permitted to issue a notice
of violation under subsection (1) in respect of the sub-
ject-matter of a complaint if that subject-matter has al-
ready been the subject of a notice of violation.
Contents
(4) The notice of violation shall
(a) set out the name of the designated body that is be-
lieved to have committed the violation;
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
37

Page 41 
(b) set out the relevant facts of the violation and the
provision at issue;
(c) set out the penalty for the violation;
(d) set out the manner in which the Commissioner
took into account the criteria referred to in subsection
65.4(3) in determining the amount of the penalty, if a
range of penalties is fixed for the violation by regula-
tions made under paragraph 65.4(1)(c);
(e) inform the designated body of its right to contest
the facts of the alleged violation, the penalty or both,
by way of review, and specify the time within which
and the manner in which to do so in accordance with
section 65.9;
(f) inform the designated body that the penalty is to
be paid within 30 business days after the day on which
the notice of violation is served and specify the man-
ner in which to do so;
(g) inform the designated body that, if it does not pay
the penalty or exercise its right referred to in para-
graph (e) within the time and in the manner set out in
the notice, it will be considered to have committed the
violation and that it is liable for the penalty set out in
the notice; and
(h) set out any other information provided by regula-
tion.
Limitation or prescription period
(5) No notice of violation shall be issued in respect of a
violation after the second anniversary of the day on
which the Commissioner was informed of the facts of the
alleged violation or the third anniversary of the day on
which the facts of the alleged violation occurred,
whichever is earlier.
Certification by Commissioner
(6) A document appearing to have been issued by the
Commissioner, certifying the day on which the Commis-
sioner was informed of the facts of the alleged violation,
is admissible in evidence without proof of the signature
or official character of the person appearing to have
signed the document and, in the absence of evidence to
the contrary, is proof that the Commissioner was in-
formed of the facts of the alleged violation on that day.
Payment of penalty
65.7 If a designated body that is served with a notice of
violation pays the penalty set out in the notice, it is
deemed to have committed the violation and the pro-
ceedings in respect of it are ended.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
37

Page 42 
Failure to act
65.8 A designated body that neither pays a penalty set
out in a notice of violation nor requests a review within
the specified time is deemed to have committed the viola-
tion and is liable for the penalty.
Review by Federal Court
65.9 (1) Instead of paying the penalty set out in a notice
of violation, the designated body named in the notice
may, within 30 business days after the day on which the
notice is served and in the manner specified in the notice,
apply to the Federal Court for a review of the facts of the
alleged violation or of the amount of the penalty, or both.
De novo review
(2) For greater certainty, an application under subsec-
tion (1) is to be heard and determined as a new proceed-
ing.
Review with respect to facts
65.91 (1) If a designated body applies for a review with
respect to the facts of an alleged violation, then on com-
pletion of the review the Federal Court shall, subject to
subsection (3),
(a) if it determines that the designated body commit-
ted the violation, make an order declaring that the
designated body committed the violation and is liable
for the penalty set out in the notice of violation; or
(b) if it determines that the designated body did not
commit the violation, make an order declaring that the
designated body did not commit the violation and is
not liable for the penalty set out in the notice of viola-
tion.
Review with respect to penalty
(2) If a designated body applies for a review with respect
to the amount of the penalty for a violation, then on com-
pletion of the review the Federal Court shall, subject to
subsection (3),
(a) determine the amount of the penalty in accor-
dance with regulations made under paragraph
65.4(1)(c) and, if those regulations fix a range of penal-
ties in respect of the violation, by taking into account
the criteria referred to in subsection 65.4(3); and
(b) make an order declaring that the designated body
is liable for a penalty of the amount that the Court de-
termines.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
37

Page 43 
Review with respect to facts and penalty
(3) If a designated body applies for a review with respect
to both the facts of an alleged violation and the amount
of the penalty for the violation, then on completion of the
review the Federal Court shall,
(a) if it determines that the designated body commit-
ted the violation,
(i) determine the amount of the penalty in accor-
dance with regulations made under paragraph
65.4(1)(c) and, if those regulations fix a range of
penalties in respect of the violation, by taking into
account the criteria referred to in subsection
65.4(3), and
(ii) make an order declaring that the designated
body committed the violation and is liable for a
penalty of the amount that the Court determines; or
(b) if it determines that the designated body did not
commit the violation, make an order declaring that the
designated body did not commit the violation and is
not liable for the penalty set out in the notice of viola-
tion.
Debt to Her Majesty
65.92 (1) The following amounts are debts due to Her
Majesty in right of Canada that may be recovered in the
Federal Court:
(a) the amount of the penalty set out in a notice of vio-
lation, beginning on the day on which it is required to
be paid in accordance with the notice, unless an appli-
cation for review is made under section 65.9; and
(b) if an application for review is made under section
65.9, the amount payable under an order of the Feder-
al Court made under paragraph 65.91(1)(a) or (2)(b) or
subparagraph 65.91(3)(a)(ii), beginning on the date of
the order.
Limitation or prescription period
(2) Proceedings to recover a debt referred to in subsec-
tion (1) may be commenced no later than the fifth an-
niversary of the day on which the debt becomes payable.
Proceeds payable to Receiver General
(3) A debt referred to in subsection (1) that is paid or re-
covered is payable to and shall be remitted to the Receiv-
er General.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
37

Page 44 
Certificate of default
65.93 (1) The Commissioner may issue a certificate for
the unpaid amount of any debt referred to in subsection
65.92(1).
Effect of registration
(2) Registration of a certificate in the Federal Court has
the same effect as a judgment of that Court for a debt of
the amount set out in the certificate and all related regis-
tration costs.
Evidence
65.94 In a proceeding in respect of a violation, a notice
purporting to be served under subsection 65.6(1) is ad-
missible in evidence without proof of the signature or of-
ficial character of the person appearing to have signed it.
Certain defences not available
65.95 (1) A designated body named in a notice of viola-
tion does not have a defence by reason that it
(a) exercised due diligence to prevent the violation; or
(b) reasonably and honestly believed in the existence
of facts that, if true, would exonerate it.
Common law principles
(2) Every rule and principle of the common law that ren-
ders any circumstance a justification or excuse in relation
to a charge for an offence applies in respect of a violation
to the extent that it is consistent with this Act.
38 (1) Section 66 of the Act is renumbered as sub-
section 66(1) and is amended by adding the fol-
lowing:
Part of report
(2) The Commissioner shall include, as part of the re-
port, in respect of each federal institution concerned,
(a) the number of times that the Commissioner re-
fused or ceased to investigate a complaint under sub-
section 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 pub-
lished any information under subsection 63.1(1);
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 37-38

Page 45 
(d) the number of complaints that were made the ob-
ject of a compliance agreement under subsection
64.1(1), a description of the contravention that result-
ed in the agreement being entered into and an indica-
tion 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 ob-
ject 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):
Part of report — administrative monetary penalties
(3) The Commissioner shall include, as part of the re-
port, in respect of each designated body concerned,
(a) the number of notices of violation that the Com-
missioner issued under subsection 65.6(1);
(b) the relevant facts of the violations and the provi-
sions at issue; and
(c) the amount of the penalties imposed, if any.
39 Paragraph 70(b) of the Act is replaced by the
following:
(b) the powers, duties or functions set out in sections
63, 63.1, 64.1 to 69 and 78.
40 (1) The portion of subsection 77(2) of the En-
glish version of the Act before paragraph (a) is
replaced by the following:
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):
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 38-40

Page 46 
(a.1) the complainant is informed of the actions taken
to implement the recommendations that the Commis-
sioner made under subsection 63(3),
(2.2) Subsection 77(3) of the Act is replaced by the
following:
Application six months after complaint
(3) Where a complaint is made to the Commissioner un-
der this Act but the complainant is not informed of the
results of the investigation of the complaint under sub-
section 64(1), of the actions taken to implement the rec-
ommendations that the Commissioner made under sub-
section 63(3), of the recommendations of the Commis-
sioner under subsection 64(2) or of a decision under sub-
section 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):
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.
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 sub-
section (4) prevails to the extent of the conflict.
41 (1) Section 78 of the Act is amended by adding
the following after subsection (1):
Exception
(1.1) Despite paragraph (1)(a), if the Commissioner
makes an order under subsection 64.5(1), the Commis-
sioner
(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
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 40-41

Page 47 
(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:
Capacity to intervene
(3) Nothing in this section abrogates or derogates from
the capacity of the Commissioner to seek leave to inter-
vene 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:
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 sub-
section 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 re-
ceives the notice, apply to the Court for a review of any
matter that is the subject of the order set out in the no-
tice.
Review by Court — federal institution
(2) A federal institution may, within 30 business days af-
ter the day on which its deputy head or other administra-
tive head receives a notice under subsection 64.5(5), ap-
ply to the Court for a review of any matter that is the sub-
ject of the order set out in the notice.
Respondents
(3) A complainant who applies for a review under sub-
section (1) may name only the federal institution con-
cerned 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.
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.
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.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 41-42

Page 48 
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.
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.
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 un-
der subsection 64.5(5) has the right to appear as a party
to the review.
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.
Scope of proceeding
(3) If a complainant files notice of their intention to ap-
pear as a party to a review with the Court within 10 busi-
ness days after the expiry of the period referred to in sub-
section 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).
Appearance by Commissioner
78.4 The Commissioner may
(a) appear before the Court on behalf of a com-
plainant; or
(b) appear as a party to any review applied for under
section 78.1.
Service of originating document
78.5 (1) If a complainant makes an application for a re-
view 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 institu-
tion whose deputy head or other administrative head re-
ceived the notice under subsection 64.5(5).
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Section  
42

Page 49 
Service or notice
(2) If a federal institution makes an application for a re-
view 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 docu-
ment under subsection (1), that deputy head or other ad-
ministrative head shall, as soon as possible after being
served, give written notice of the application to the Com-
missioner, unless the Commissioner has already been
served with a copy of the document.
De novo review
78.6 For greater certainty, an application under section
78.1 is to be heard and determined as a new proceeding.
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 institu-
tion concerned is required to comply with the provi-
sions of the Commissioner’s order that relate to that
matter;
(b) make an order declaring that the federal institu-
tion concerned is not required to comply with the pro-
visions of the Commissioner’s order that relate to that
matter; or
(c) make any other order that it considers appropri-
ate.
Incompatible provisions
78.8 (1) An order of the Court made under section 78.7
has the effect of rescinding the provisions of the Commis-
sioner’s order relating to any matter that is the subject of
the proceedings that are incompatible with the Court’s
order.
Specification of rescinded provisions
(2) The Court must specify in any order that it makes the
provisions of the Commissioner’s order that are rescind-
ed under subsection (1).
43 (1) Subsection 81(1) of the French version of
the Act is replaced by the following:
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 ordon-
nance contraire de celui-ci, le sort du principal.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 42-43

Page 50 
(2) Subsection 81(2) of the Act is replaced by the
following:
Costs
(2) If the Court is of the opinion that an application un-
der section 77 or 78.1 has raised an important new princi-
ple 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:
Costs
(2) If the Court is of the opinion that an application un-
der 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:
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 re-
spect to any language other than English or French, in-
cluding any Indigenous language.
Maintenance of linguistic heritage
(2) Nothing in this Act shall be interpreted in a manner
that is inconsistent with the maintenance and enhance-
ment of languages other than English or French, nor with
the reclamation, revitalization and strengthening of In-
digenous languages.
Consultations
84 If the Governor in Council proposes to make a regu-
lation 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 lin-
guistic minority communities and, if appropriate, mem-
bers of the public generally on the proposed regulation.
45 Subsection 85(1) of the Act is replaced by the
following:
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
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 43-45

Page 51 
Commons at least 30 days before a copy of the regulation
is published in the Canada Gazette under section 86.
46 (1) Subsection 86(1) of the Act is replaced by
the following:
Publication of proposed regulation
86 (1) Subject to subsection (2), a copy of each regula-
tion that the Governor in Council proposes to make un-
der a provision of this Act shall be published in the
Canada Gazette at least 30 days before its proposed ef-
fective date, and a reasonable opportunity shall be af-
forded to interested persons to make representations to
the minister of the Crown who is responsible for the pro-
vision with respect to the proposed regulation.
(2) Subsection 86(3) of the English version of the
Act is replaced by the following:
Calculation of 30-day period
(3) In calculating the 30-day period referred to in subsec-
tion (1), only the days on which both Houses of Parlia-
ment sit shall be counted.
47 Subsection 87(5) of the French version of the
Act is replaced by the following:
Définition de jour de séance
(5) Pour l’application du présent article, jour de séance
s’entend, à l’égard d’une chambre du Parlement, de tout
jour où elle siège.
48 Sections 88 and 89 of the Act are replaced by
the following:
Review by parliamentary committee
88 The administration of this Act, any regulations, poli-
cies 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 any com-
mittee of the Senate, of the House of Commons or of both
Houses of Parliament that may be designated or estab-
lished for that purpose.
Section 126 of Criminal Code
89 Section 126 of the Criminal Code does not apply to or
in respect of any contravention of any provision of this
Act or the regulations.
49 Section 91 of the Act is replaced by the follow-
ing:
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 45-49

Page 52 
Staffing generally
91 Nothing in this Act authorizes the application of offi-
cial language requirements to a particular staffing action
unless those requirements are objectively required to
perform the functions for which the staffing action is un-
dertaken.
50 The Act is amended by adding the following
after section 93:
Review
93.1 (1) On the 10th anniversary of the day on which
this section comes into force and every 10 years after that
anniversary, the Minister of Canadian Heritage shall, in
consultation with the President of the Treasury Board,
undertake a review of the provisions and operation of
this Act.
Comprehensive analysis
(1.1) The review undertaken under subsection (1) shall
include a comprehensive analysis, over the previous ten
years, of the enhancement of the vitality of the English
and French linguistic minority communities and of the
protection and promotion of the French language in
Canada.
Indicators
(1.2) The comprehensive analysis undertaken under
subsection (1.1) may include any relevant
(a) indicators that are related to sectors that are es-
sential to enhancing the vitality of English and French
linguistic minority communities, including the cul-
ture, education — from early childhood to post-sec-
ondary education — health, justice, employment and
immigration sectors;
(b) qualitative indicators; and
(c) quantitative indicators, including mother tongue
spoken, language most often spoken at home, rate of
anglicization and francization, language transfer and
language of work.
Report
(2) The Minister of Canadian Heritage shall cause a re-
port of the review to be tabled in each House of Parlia-
ment within the first 30 days on which that House is sit-
ting after the report has been completed.
51 Sections 107 and 108 of the Act are replaced by
the following:
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 49-51

Page 53 
Persons appointed remain in office
107 The persons holding the positions referred to in
subsection 34(2) immediately before the coming into
force of that provision shall continue in office.
1995, c. 11
Related Amendment to the
Department of Canadian Heritage Act
52 The Department of Canadian Heritage Act is
amended by adding the following after section 7:
Funding — test cases
7.1 To promote a greater understanding of human
rights, fundamental freedoms and related values, the
Minister may take measures to provide funding to an or-
ganization, independent of the Government of Canada,
responsible for administering a program whose purpose
is to provide funding for test cases of national signifi-
cance to be brought before the courts to clarify and assert
constitutional human rights.
Regulations
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 2
Use of French in Federally
Regulated Private Businesses
Act
Enactment of Act
Enactment
54 The Use of French in Federally Regulated
Private Businesses Act is enacted as follows:
An Act respecting the use of French in federally regu-
lated private businesses in Quebec and in regions
with a strong francophone presence
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 1 Official Languages Act
Amendments to the Act
Sections 51-54

Page 54 
Preamble
Whereas nothing in the Canadian Charter of Rights
and Freedoms limits the authority of Parliament to
advance the equality of status or use of English and
French;
Whereas the Government of Canada is committed to
protecting and promoting the French language, rec-
ognizing that French is in a minority situation in
Canada and North America due to the predominant
use of English;
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;
Whereas consumers in Quebec or a region with a
strong francophone presence should have the right
to communicate in French with and obtain available
services in French from federally regulated private
businesses that carry on business in Quebec or the
region;
And whereas employees of federally regulated pri-
vate businesses who work in Quebec or a region with
a strong francophone presence should have the right
to work in French;
Now, therefore, Her Majesty, by and with the advice
and consent of the Senate and House of Commons of
Canada, enacts as follows:
Short Title
Short title
1 This Act may be cited as the Use of French in Federal-
ly Regulated Private Businesses Act.
Interpretation
Definitions
2 (1) The following definitions apply in this Act.
Board means the Canada Industrial Relations Board es-
tablished by section 9 of the Canada Labour Code.
(Conseil)
Commissioner means the Commissioner of Official
Languages for Canada appointed under section 49 of the
Official Languages Act. (commissaire)
federally regulated private business means a person
that employs employees on or in connection with a
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 55 
federal work, undertaking or business as defined in
section 2 of the Canada Labour Code but does not in-
clude
(a) a person that employs fewer employees than the
number of employees specified in the regulations;
(b) a corporation that is incorporated to perform
functions on behalf of the Government of Canada;
(c) a corporation that is subject to the Official Lan-
guages Act under another Act of Parliament; or
(d) a council, government, corporation or other entity
that is authorized to act on behalf of an Indigenous
group, community or people that holds rights recog-
nized and affirmed by section 35 of the Constitution
Act, 1982. (entreprise privée de compétence fédé-
rale)
Minister means the Minister of Canadian Heritage. (mi-
nistre)
parties, in relation to a complaint made to the Commis-
sioner, means the complainant, the federally regulated
private business that is the subject of the complaint and
any other person added as a party to the complaint.
(parties)
Board
(2) For the purposes of this Act, the Board is considered
to be composed only of the members described in para-
graphs 9(2)(a), (b), (e) and (f) of the Canada Labour
Code.
Language rights
3 For the purposes of this Act, language rights
(a) are to be given a large, liberal and purposive inter-
pretation; and
(b) are to be interpreted in light of their remedial
character.
Purpose
Purpose
4 The purpose of this Act is to foster and protect the use
of French in federally regulated private businesses in
Quebec.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 56 
Non-application
Broadcasting
5 This Act does not apply in relation to a federally regu-
lated private business in respect of activities or work-
places related to the broadcasting sector.
Charter of the French language
6 (1) In relation to communications with or services
provided to consumers in Quebec or in relation to work-
places in Quebec, Quebec’s Charter of the French lan-
guage applies instead of this Act to a federally regulated
private business if the federally regulated private busi-
ness chooses to be subject to Quebec’s Charter of the
French language.
Notice
(2) A federally regulated private business must, in accor-
dance with the regulations, give notice of the day on
which it will become or cease to be subject to Quebec’s
Charter of the French language.
Agreement with Quebec
(3) The Minister may, on behalf of the Government of
Canada and with the approval of the Governor in Coun-
cil, enter into an agreement with the Government of Que-
bec for the purpose of giving effect to subsection (1).
Rights and Duties
Communications with and Services to
Consumers
Communications and services in French
7 (1) Consumers in Quebec have the right to communi-
cate in French with and obtain available services in
French from a federally regulated private business that
carries on business in Quebec.
Duty
(2) The federally regulated private business has the duty
to ensure that consumers are able to exercise the rights
set out in subsection (1).
For greater certainty
(3) For greater certainty, the rights set out in subsection
(1) do not preclude consumers from communicating with
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 57 
or obtaining services from the federally regulated private
business in English or a language other than French if
they wish to do so and the federally regulated private
business is able to communicate or provide services in
that language.
Scope of duty
8 The duty in respect of communications and services in
French under section 7 applies in respect of oral and
written communications and in respect of any documents
or activities that relate to those communications or ser-
vices.
Language of Work
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 have the right to
(a) carry out their work and be supervised in French;
(b) receive all communications and documents from
the federally regulated private business, including em-
ployment application forms, offers of employment,
transfer or promotion, individual employment con-
tracts, documents related to the conditions of employ-
ment, training documents produced for employees,
notices of termination of employment, collective
agreements and their schedules and grievances, in
French; and
(c) use regularly and widely used work instruments
and computer systems in French.
Continuation of right — former employees
(1.1) An employee’s right set out in paragraph (1)(b) to
receive communications and documents from a federally
regulated private business in French continues after the
employee ceases to be employed by the business.
Duty
(2) The federally regulated private business has the duty
to ensure that employees are able to exercise the rights
set out in subsection (1) and that persons who were em-
ployees are able to exercise the right continued under
subsection (1.1).
Duty — offer to fill a position
(2.1) When a federally regulated private business that
has workplaces in Quebec publishes in a language other
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 58 
than French an advertisement to fill a position — includ-
ing through recruitment, hiring, transfer or promotion —
that is assigned to one of those workplaces, the business
must also publish the advertisement in French and en-
sure the simultaneous publication of both linguistic ver-
sions by means that are of the same nature and that
reach a target public of a proportionally comparable size.
Communication in a language other than French
(3) For greater certainty, the right set out in paragraph
(1)(b) does not preclude communications and documents
from also being in English or another language other
than French but, in the case of widely distributed com-
munications and any documents, the use of French must
be at least equivalent to the use of the language other
than French.
Individual employment contracts — contracts of
adhesion
(4) The right set out in paragraph (1)(b) does not pre-
clude the federally regulated private business from enter-
ing into an individual employment contract that is a con-
tract of adhesion with an employee exclusively in English
or another language other than French, if the business
and employee so agree and the business has already pro-
vided the contract to the employee in French.
Individual employment contracts — other
(5) The right set out in paragraph (1)(b) does not pre-
clude the federally regulated private business from enter-
ing into an individual employment contract — other than
a contract of adhesion — with an employee exclusively in
English or another language other than French, if the
business and employee so agree.
Communications and documents
(6) The right set out in paragraph (1)(b) does not pre-
clude the federally regulated private business from pro-
viding to an employee communications and documents
exclusively in English or another language other than
French, if the business and employee so agree, even after
the employee ceases to be employed by the business.
Duty — arbitral awards
9.1 A federally regulated private business that has work-
places in Quebec has the duty to ensure that an arbitral
award that results from the arbitration of a grievance or
dispute regarding the negotiation, renewal or review of a
collective agreement respecting employees of the busi-
ness who occupy or are assigned to positions in one of
those workplaces
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 59 
(a) is issued in French or, if it is issued in English or
another language other than French, is translated into
French without delay at the expense of the business
and provided to the parties to the arbitration in both
linguistic versions at the same time; and
(b) is translated into English or another language oth-
er than French as soon as feasible and at the expense
of the business, if it was issued exclusively in French
and a party to the arbitration requests a translation in-
to the language other than French.
Rights of trade unions
9.2 (1) A trade union that represents employees of a
federally regulated private business who occupy or are
assigned to positions in a workplace in Quebec has the
right to receive communications and documents from the
federally regulated private business in French.
Duty
(2) The federally regulated private business has the duty
to ensure that a trade union is able to exercise the right
set out in subsection (1).
Communication in a language other than French
(3) For greater certainty, the right set out in subsection
(1) does not preclude communications and documents
from also being in English or another language other
than French but, in the case of widely distributed com-
munications and any documents, the use of French must
be at least equivalent to the use of the language other
than French.
Fostering use of French
10 (1) A federally regulated private business that has
workplaces in Quebec must take measures to foster the
use of French in those workplaces. Those measures must
include
(a) informing employees that it is subject to this Act;
(b) informing employees who occupy or are assigned
to positions in those workplaces of their language of
work rights and available remedies; and
(c) establishing a committee to support the manage-
ment group that is responsible for the general direc-
tion of the federally regulated private business in the
fostering of French and its use within the federally
regulated private business.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 60 
Generalizing use of French
(1.1) A committee established under paragraph (1)(c) by
a federally regulated private business that has workplaces
in Quebec must develop programs intended to generalize
the use of French at all levels of the business in those
workplaces, through the following:
(a) all members of the management group and em-
ployees having a good knowledge of French;
(b) an increase, if necessary, in the number of persons
who have a good knowledge of French in order to en-
sure that it is used generally;
(c) the use of French as the language of work and of
internal communications;
(d) the use of French in the working documents, work
instruments and computer systems used in the busi-
ness;
(e) the use of French terminology;
(f) the use of French in information technologies; and
(g) any other means that the committee considers ap-
propriate.
Employee needs
(2) In developing the measures referred to in subsection
(1), the federally regulated private business must consid-
er the needs of employees who are close to retirement,
have many years of service or have conditions that could
impede the learning of French.
Communication in a language other than French
(3) For greater certainty, programs referred to in subsec-
tion (1.1) do not preclude communications and docu-
ments from also being in English or another language
other than French but, in the case of widely distributed
communications and any documents, the use of French
must be at least equivalent to the use of the language oth-
er than French.
Adverse treatment
11 (1) A federally regulated private business that has
workplaces in Quebec must not treat adversely an em-
ployee who occupies or is assigned to a position in one of
those workplaces for any of the following reasons:
(a) the employee speaks only French;
(b) the employee does not have a sufficient knowledge
of a language other than French;
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 61 
(c) the employee claims the possibility of expressing
themselves in French;
(d) the employee has exercised a right under this Act
or made a complaint to the Commissioner;
(e) the business is seeking to deter the employee from
exercising such a right or making such a complaint;
(f) the employee has taken part in meetings of, or car-
ried out tasks for, a committee established under para-
graph 10(1)(c) or a subcommittee created by such a
committee;
(g) the employee has, in good faith, communicated in-
formation to the Commissioner in relation to a com-
plaint made under section 18 or participated in an in-
vestigation conducted as a result of such a communi-
cation; or
(h) the business is seeking to induce the employee to
endorse a document prepared by a committee estab-
lished under paragraph 10(1)(c) or to dissuade the em-
ployee from doing so.
Acquired rights in Quebec
(2) A federally regulated private business that has work-
places in Quebec 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.
Language other than French
(3) Requiring an employee to have a knowledge of a lan-
guage other than French does not constitute adverse
treatment for the purposes of subsection (1) if the feder-
ally 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 the business sets out the reasons that
justify the requirement in any advertisement to fill a po-
sition that requires such knowledge.
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,
(a) assess the actual language needs associated with
the work to be performed;
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 62 
(b) verify that the language knowledge already re-
quired of other employees is not sufficient for the per-
formance of that work; and
(c) restrict the number of positions involving work
whose performance requires knowledge of a language
other than French.
Interpretation
(5) Subsection (4) is not to be interpreted as imposing an
unreasonable reorganization of a federally regulated pri-
vate business’s affairs.
Prevention of adverse treatment
(6) A federally regulated private business that has work-
places in Quebec 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.
Cessation of adverse treatment
(7) If a federally regulated private business that has
workplaces in Quebec is made aware of the adverse treat-
ment, 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 subsec-
tion (2) for the reason referred to in that subsection, it
must take all reasonable measures to make the adverse
treatment cease.
Definition of adverse treatment
(8) For the purposes of this section, adverse treatment
includes dismissing, laying off, demoting, transferring or
suspending an employee, harassing them or taking
reprisals against them or disciplining or imposing any
other penalty on them.
Minister’s Role
Role
12 The Minister is responsible for the administration of
this Act.
Promotion of rights
13 The Minister is responsible for promoting the rights
set out in subsections 7(1) and 9(1) and for providing as-
sistance, education and information to federally regulat-
ed private businesses in relation to those rights.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 63 
Commissioner’s Duty
Duty
14 (1) It is the Commissioner’s duty to take all actions
and measures within the Commissioner’s authority with
a view to ensuring recognition of the rights and respect
for the duties under this Act concerning the use of French
in communications with and services to consumers and
as a language of work in relation to federally regulated
private businesses, and the fostering by those businesses
of the use of French in their workplaces as required by
this Act.
Investigations
(2) It is Commissioner’s duty, for the purpose set out in
subsection (1), to
(a) conduct and carry out investigations either as a re-
sult of a complaint made to the Commissioner or, in
the case of a right or duty under section 7, on the
Commissioner’s own initiative; and
(b) report and make recommendations with respect to
those investigations in accordance with this Act.
Remedies — Communications
with and Services to Consumers
Complaint to Commissioner
15 Any individual or group of individuals may make a
complaint to the Commissioner, regardless of the official
language spoken by the individual or individuals in the
group, if they believe that a federally regulated private
business has failed to comply with section 7.
Part IX of Official Languages Act
16 (1) Subject to this section and subsections 41(1) and
(3), Part IX of the Official Languages Act applies in re-
spect of rights and duties under section 7.
References
(2) For the purpose of applying Part IX of the Official
Languages Act,
(a) a reference in that Part to a federal institution is to
be read as a reference to a federally regulated private
business;
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 64 
(b) a reference in that Part to the deputy head or other
administrative head is to be read as a reference to the
chief executive officer or the person designated by the
chief executive officer;
(c) a reference in subsection 64.5(1) of that Part to
Part IV or V is to be read as a reference to section 7;
and
(d) a reference in that Part to “this Act” is to be read
as a reference to this Act.
Report
(3) For the purposes of subsections 62(2) and 63(1) of the
Official Languages Act, the Commissioner must make a
report only to the chief executive officer of the federally
regulated private business or the person designated by
the chief executive officer.
Non-application
(4) Section 56 and subsections 65(3) and (4) of the Offi-
cial Languages Act do not apply in respect of complaints
or investigations relating to a right or duty under sec-
tion 7.
Part X of Official Languages Act
17 (1) Part X of the Official Languages Act applies in
respect of complaints made in respect of a right or duty
under section 7.
References
(2) For the purpose of applying Part X of the Official
Languages Act,
(a) a reference in that Part to a federal institution is to
be read as a reference to a federally regulated private
business;
(b) a reference in that Part to the deputy head or other
administrative head is to be read as a reference to the
chief executive officer or the person designated by the
chief executive officer; and
(c) a reference in that Part to “this Act” is to be read as
a reference to this Act.
Remedies — Language of Work
Complaint to Commissioner
18 (1) An employee referred to in any of sections 9 to 11
may make a complaint to the Commissioner if the em-
ployee believes that the federally regulated private busi-
ness that employs them has failed to comply with any of
those sections.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 65 
Complaint to Commissioner — former employees
(1.1) A person who was an employee referred to in sec-
tion 9 may make a complaint to the Commissioner if the
person believes that the federally regulated private busi-
ness that employed them has failed to comply with sub-
section 9(2) in relation to the right continued under sub-
section 9(1.1).
Complaint to Commissioner — potential employees
(1.2) A person who has a demonstrable interest in a po-
sition referred to in subsection 9(2.1) may make a com-
plaint to the Commissioner if the person believes that a
federally regulated private business has failed to comply
with that subsection in respect of the position.
Limitation or prescription period
(2) The complaint must be made no later than the 90th
day after the earlier of
(a) the day on which the complainant became aware
of the act or omission giving rise to the alleged failure
to comply, and
(b) the day on which the complainant ought, in the
Commissioner’s opinion, to have become aware of that
act or omission.
Extension
(3) The Commissioner may extend the 90-day period
(a) if the Commissioner is satisfied that a complaint
was made in that period to a government official who
had no authority to deal with the complaint but that
the complainant believed the official had that authori-
ty; or
(b) in any other circumstance that is prescribed by
regulation of the Governor in Council.
Part IX of Official Languages Act
19 (1) Subject to this section, sections 18 and 21 and
subsections 26(2) and 41(2) and (4), Part IX of the Offi-
cial Languages Act applies with respect to a complaint
made under subsection 18(1), (1.1) or (1.2) as if the feder-
ally regulated private business that is the subject of the
complaint were a federal institution.
No investigation
(2) The Commissioner is not permitted to conduct or
carry out any investigation on the Commissioner’s own
initiative in respect of a right or duty under any of sec-
tions 9 to 11.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 66 
Reference to deputy head
(3) A reference in Part IX of the Official Languages Act
to a deputy head or other administrative head of a federal
institution is to be read as a reference to the chief execu-
tive officer of the federally regulated private business or
the person designated by the chief executive officer.
Report
(4) For the purposes of subsections 62(2) and 63(1) of the
Official Languages Act, the Commissioner is to make a
report only to the chief executive officer of the federally
regulated private business or the person designated by
the chief executive officer.
Reference to certain Parts
(5) A reference in subsection 64.5(1) of the Official Lan-
guages Act to Part IV or V is to be read as a reference to
sections 9 to 11.
Non-application
(6) Section 56 and subsections 65(3) and (4) of the Offi-
cial Languages Act do not apply in respect of the com-
plaint.
Special report
(7) The Commissioner may make a special report under
subsection 67(1) of the Official Languages Act with re-
spect to a complaint referred to the Board under section
21 only after the Board has decided whether the com-
plaint is well-founded.
Reference to “this Act”
(8) A reference in Part IX of the Official Languages Act
to “this Act” is to be read as a reference to this Act.
Part X of Official Languages Act
20 (1) Subject to subsection 21(5), Part X of the Official
Languages Act applies in respect of complaints made in
respect of a right or duty under any of sections 9 to 11.
References
(2) For the purpose of applying Part X of the Official
Languages Act,
(a) a reference in that Part to a federal institution is to
be read as a reference to a federally regulated private
business;
(b) a reference in that Part to the deputy head or other
administrative head is to be read as a reference to the
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 67 
chief executive officer or the person designated by the
chief executive officer; and
(c) a reference in that Part to “this Act” is to be read as
a reference to this Act.
Referral to Board
21 (1) The Commissioner may, with the consent of the
complainant, refer a complaint made under subsection
18(1) to the Board if the Commissioner has attempted to
resolve the complaint but is of the opinion that
(a) the Commissioner will not be able to resolve the
complaint within what the Commissioner considers to
be a reasonable period; and
(b) the Board is better placed to deal with the com-
plaint, in light of
(i) the nature and complexity of the complaint, or
(ii) the seriousness of the alleged failure to comply.
Limitation
(2) However, the Commissioner is not permitted to refer
a complaint to the Board if the Commissioner has, in re-
spect of the complaint,
(a) entered into a compliance agreement under sub-
section 64.1(1) of the Official Languages Act with the
federally regulated private business that is the subject
of the complaint; or
(b) made an order with respect to that federally regu-
lated private business under subsection 64.5(1) of that
Act.
Notice to parties
(3) Before referring the complaint to the Board, the
Commissioner must provide the parties with reasonable
notice of the Commissioner’s intention to do so and pro-
vide the parties with an opportunity to make representa-
tions.
Document or evidence
(4) Once the complaint is referred to the Board, the
Commissioner must provide the Board with any docu-
ment or evidence in respect of the complaint that the
Commissioner considers relevant.
Non-application
(5) Part X of the Official Languages Act no longer ap-
plies with respect to the complaint after it has been re-
ferred to the Board.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 68 
Board’s decision
22 (1) The Board must decide whether a complaint re-
ferred to it by the Commissioner is well-founded.
Assignment or appointment
(2) The Chairperson of the Board may assign a panel of
members of the Board or a member of the Board, or may
appoint an external adjudicator, to deal with the com-
plaint.
Member presiding over panel
(3) If the Chairperson assigns a panel of members to deal
with the complaint, the Chairperson must designate a
member of the panel to preside over it.
Powers, duties and functions
(4) A panel of members of the Board, a member of the
Board and an external adjudicator have all the powers,
duties and functions that are conferred on the Board un-
der this Act with respect to any complaint that has been
assigned to them or in respect of which they have been
appointed, as the case may be, other than the power un-
der section 26.
Deemed decision of Board
(5) A decision made by a panel of members of the Board,
a member of the Board or an external adjudicator is
deemed to be a decision made by the Board.
Decision of panel
(6) A decision made by a majority of the members of a
panel or, if there is no majority, by the member presiding
over the panel is a decision of the panel.
Death or incapacity
(7) In the event of the death or incapacity of a member of
a panel, the member presiding over the panel may deter-
mine any matter that was before the panel and that
member’s decision is deemed to be the decision of the
panel.
Limitation of liability
(8) Members of the Board and external adjudicators are
not personally liable, either civilly or criminally, for any-
thing done or omitted to be done by them in good faith in
the exercise or purported exercise of any power, or in the
performance or purported performance of any duty or
function, conferred on them under this Act.
External adjudicator — remuneration and expenses
(9) An external adjudicator must be paid the remunera-
tion and the fees that may be fixed by the Chairperson
and is entitled to be paid reasonable travel and living
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 69 
expenses incurred by them in the course of their duties
while absent from their ordinary place of residence.
Dealing with complaint
23 In dealing with any complaint under this Act, the
Board
(a) is to proceed as informally and expeditiously as
the circumstances and considerations of fairness per-
mit; and
(b) is not bound by legal or technical rules of evi-
dence.
Powers of Board
24 The Board has, in relation to a complaint referred to
it by the Commissioner, the power
(a) to summon and enforce the attendance of witness-
es and compel them to give oral or written evidence on
oath and to produce the documents and things that
the Board considers necessary, in the same manner
and to the same extent as a superior court of record;
(b) to administer oaths;
(c) to receive, and base a decision on, any evidence
adduced that the Board believes to be credible;
(d) to compel any person to provide information or
produce documents and things that may be relevant to
a matter before the Board, after providing the parties
with the opportunity to make representations;
(e) subject to any limitations prescribed by regulation
of the Governor in Council, to enter any premises of a
federally regulated private business that is the subject
of a complaint and to inspect and view anything found
in the premises that may be relevant to the complaint
and require any person to answer any question that
may be relevant to the complaint;
(f) to abridge or extend the time for doing any act, fil-
ing any document or presenting any evidence;
(g) if the parties agree, to assist the parties in resolv-
ing any issues in dispute by any means that the Board
considers appropriate, without prejudice to the
Board’s power to determine issues that have not been
settled;
(h) to authorize any person to do anything that the
Board may do under paragraphs (a) to (g) and to re-
port to the Board on it;
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 70 
(i) to adjourn or postpone any proceeding from time
to time;
(j) to defer deciding any matter, if the Board considers
that the matter could be resolved by an alternate
method of resolution;
(k) to amend or permit the amendment of any docu-
ment filed in connection with the complaint;
(l) to add a party at any stage;
(m) to permit an interested person to intervene at any
stage;
(n) to merge complaints that relate to the same situa-
tion or subject matter;
(o) to decide any matter that may arise in connection
with the complaint;
(p) to take notice of facts that may be judicially no-
ticed;
(q) to take notice of other generally recognized facts
and any information that is within the Board’s special-
ized knowledge, after notifying the parties and any in-
tervenor of its intention to do so and providing them
with an opportunity to make representations; and
(r) to review, rescind, amend, alter or vary any order
or decision made by the Board and to rehear any mat-
ter before making a decision with respect to it.
Consultation
25 A member of the Board or an external adjudicator
may, in respect of any complaint referred to the Board,
consult with any member of the Board or with any em-
ployee of the Administrative Tribunals Support Service of
Canada.
Regulations of Board
26 (1) The Board may make regulations respecting its
powers, duties and functions under this Act, including
regulations respecting
(a) rules of procedure for proceedings;
(b) the use of means of telecommunication that per-
mit simultaneous communication;
(c) the forms to be used in connection with a com-
plaint;
(d) the time within which and the circumstances un-
der which the Board may exercise its powers under
this Act;
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 71 
(e) the form in which and the period during which evi-
dence may be presented to the Board;
(f) the time within which and the parties or persons to
whom notices and other documents must be sent and
the circumstances in which the notices or documents
are deemed to have been given or received by the
Board or any party or person; and
(g) the delegation of the Board’s powers under para-
graph 24(h).
Non-application
(2) Section 57 of the Official Languages Act does not ap-
ply with respect to regulations made under subsection
(1).
Rejection of complaint
27 (1) The Board may reject a complaint, in whole or in
part, if the Board is satisfied that
(a) the complaint is not within its jurisdiction;
(b) the complaint is frivolous, vexatious or not made
in good faith;
(c) there is insufficient evidence to substantiate the
complaint;
(d) the complaint has been settled in writing between
the complainant and the federally regulated private
business;
(e) there are other means available to the complainant
to resolve the subject matter of the complaint that the
Board considers should be pursued;
(f) the subject matter of the complaint has been ade-
quately dealt with through recourse obtained before a
court, tribunal, arbitrator or adjudicator; or
(g) if the complainant is subject to a collective agree-
ment, the collective agreement covers the subject mat-
ter of the complaint and provides a third party dispute
resolution process.
Notice of rejection
(2) If the Board rejects a complaint, it must notify the
parties in writing, with reasons.
Board orders
28 If the Board decides that a complaint is well-founded,
the Board may, by order, require the federally regulated
private business that is the subject of the complaint to
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 72 
comply with the section of this Act at issue and, if appli-
cable, to
(a) permit the complainant to return to the duties of
their employment;
(b) reinstate the complainant;
(c) pay to the complainant compensation not exceed-
ing the sum that, in the Board’s opinion, is equivalent
to the remuneration that would, but for the failure to
comply, have been paid to the complainant;
(d) pay to the complainant compensation not exceed-
ing the sum that, in the Board’s opinion, is equivalent
to any financial or other penalty imposed on the com-
plainant by the federally regulated private business;
and
(e) do any other thing that the Board considers equi-
table for the federally regulated private business to do
to remedy or counteract any consequence of the fail-
ure to comply.
Copy of decision
29 The Board is to provide all parties, as well as the
Commissioner, with a copy of its decision on whether a
complaint is well-founded and of any related order made
under section 28, with reasons.
Enforcement of orders
30 (1) Any person affected by an order of the Board
made under section 28, or the Commissioner on the re-
quest of such a person, may file a certified copy of the or-
der, exclusive of reasons, in the Federal Court after the
later of 14 days after the day on which the order is made
and 14 days after a day that may be provided for in the
order.
Registration
(2) Once filed, the order must be registered in the Feder-
al Court and, when registered, has the same force and ef-
fect, and all proceedings may be taken in respect of it, as
if the order were a judgment obtained in that Court.
No civil remedy affected
31 No civil remedy of an employee against an employer
is suspended or affected by this Act.
Regulations
32 The Governor in Council may make regulations for
the purposes of sections 21 to 31.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 73 
General
Regulations
33 (1) Subject to section 32, the Governor in Council
may, on the Minister’s recommendation, make regula-
tions for the purposes of this Act, including regulations
(a) specifying, for the purposes of paragraph (a) of the
definition federally regulated private business in
section 2(1), a number of employees;
(b) defining “close to retirement”, “conditions that
could impede the learning of French”, “consumer”,
“employee”, “many years of service”, “treat adversely”
and any other term or expression that is used in any of
sections 5 to 13 but not defined in section 2;
(c) respecting the notices referred to in subsection
6(2);
(d) respecting the establishment and operation of a
committee referred to in paragraph 10(1)(c);
(e) prescribing circumstances for the purposes of
paragraph 18(3)(b);
(f) exempting, with or without conditions, federally
regulated private businesses from the application of
any provision of this Act or its regulations in respect of
activities or workplaces that are related to a specified
sector of activity; and
(g) exempting, with or without conditions, federally
regulated private businesses from the application of
any provision of this Act or its regulations for any rea-
son, including reasons related to intellectual property
rights, international standards or the conduct of inter-
provincial or international business.
Different numbers
(2) A regulation made under paragraph (1)(a) may speci-
fy a different number of employees for federally regulat-
ed private businesses that have workplaces in Quebec
and for federally regulated private businesses that do not
have workplaces in Quebec but carry on business in Que-
bec.
Factors
(3) In making a regulation under subsection (1), the
Governor in Council may take into account any factor
that the Governor in Council considers appropriate, in-
cluding
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 74 
(a) the volume of communications or services provid-
ed by federally regulated private businesses;
(b) the type of services, documents, computer systems
or work instruments required by the employees of fed-
erally regulated private businesses; and
(c) the mandates of and the nature of the activities
carried out by federally regulated private businesses.
Consultations
34 The Minister must, at a time and in a manner appro-
priate to the circumstances, seek the views of members of
the public as an integral part of the two official language
communities of Canada and of organizations representa-
tive of employees or employers of federally regulated pri-
vate businesses on proposed regulations to be made un-
der sections 32 or 33.
Tabling of draft of proposed regulation
35 (1) If the Governor in Council proposes to make a
regulation under section 33, the Minister must lay a draft
of the proposed regulation before the House of Commons
at least 30 days before a copy of the regulation is pub-
lished in the Canada Gazette under section 36.
Calculation of 30-day period
(2) In calculating the 30-day period referred to in subsec-
tion (1), only the days on which the House of Commons
sits must be counted.
Publication of proposed regulation
36 (1) A copy of each regulation that the Governor in
Council proposes to make under section 33 must be pub-
lished in the Canada Gazette at least 30 days before its
proposed effective date, and a reasonable opportunity
must be afforded to interested persons to make represen-
tations to the Minister with respect to the proposed regu-
lation.
Exception
(2) No proposed regulation need be published under
subsection (1) if it has previously been published under
that subsection, whether or not it has been amended as a
result of representations made under that subsection.
Calculation of 30-day period
(3) In calculating the 30-day period referred to in subsec-
tion (1), only the days on which both Houses of Parlia-
ment sit must be counted.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 75 
Permanent review by parliamentary committee
37 The administration of this Act and its regulations, as
well as the reports of the Commissioner and the Minister
made under this Act, are to be reviewed on a permanent
basis by any committee of the Senate, of the House of
Commons or of both Houses of Parliament that may be
designated or established for that purpose.
Section 126 of Criminal Code
38 Section 126 of the Criminal Code does not apply to or
in respect of any contravention of any provision of this
Act or the regulations.
Parliamentary and judicial powers, privileges and
immunities
39 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 per-
sonal offices and staff or of judges of any Court.
Rights relating to other languages
40 (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 re-
spect to any language other than English or French, in-
cluding any Indigenous language.
Maintenance of linguistic heritage
(2) Nothing in this Act is to be interpreted in a manner
that is inconsistent with the maintenance and enhance-
ment of languages other than English or French, nor with
the reclamation, revitalization and strengthening of In-
digenous languages.
Compliance agreements — Quebec (communications
and services)
41 (1) The Commissioner is not permitted to exercise,
before the day that may be fixed by order of the Governor
in Council, the powers under subsection 64.1(1) of the Of-
ficial Languages Act in respect of a complaint made by a
consumer in Quebec in respect of a right or duty under
section 7.
Compliance agreements — Quebec (language of
work)
(2) The Commissioner is not permitted to exercise, be-
fore the day that may be fixed by order of the Governor in
Council, the powers under subsection 64.1(1) of the Offi-
cial Languages Act in respect of a complaint made by an
employee who occupies or is assigned to a position in a
workplace in Quebec in respect of a right or duty under
any of sections 9 to 11.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Section  
54

Page 76 
Orders — Quebec (communications and services)
(3) The Commissioner is not permitted to exercise, be-
fore the day that may be fixed by order of the Governor in
Council, the powers under subsection 64.5(1) of the Offi-
cial Languages Act in respect of a complaint made by a
consumer in Quebec in respect of a right or duty under
section 7.
Orders — Quebec (language of work)
(4) The Commissioner is not permitted to exercise, be-
fore the day that may be fixed by order of the Governor in
Council, the powers under subsection 64.5(1) of the Offi-
cial Languages Act in respect of a complaint made by an
employee who occupies or is assigned to a position in a
workplace in Quebec in respect of a right or duty under
any of sections 9 to 11.
Review
42 (1) On the 10th anniversary of the day on which this
section comes into force and every 10 years after that an-
niversary, the Minister must undertake a review of the
provisions and operation of this Act.
Report
(2) The Minister must cause a report of the review to be
tabled in each House of Parliament within the first 30
days on which that House is sitting after the report has
been completed.
Amendments to the Act
55 Section 4 of the Use of French in Federally
Regulated Private Businesses Act is replaced by
the following:
Purpose
4 The purpose of this Act is to foster and protect the use
of French in federally regulated private businesses in
Quebec and regions with a strong francophone presence.
56 Subsection 7(1) of the Act is replaced by the
following:
Communications and services in French
7 (1) Consumers in Quebec or a region with a strong
francophone presence have the right to communicate in
French with and obtain available services in French from
a federally regulated private business that carries on
business in Quebec or the region.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Enactment of Act
Sections 54-56

Page 77 
57 (1) The portion of subsection 9(1) of the Act
before paragraph (a) is replaced by the follow-
ing:
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:
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 fran-
cophone 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 en-
sure the simultaneous publication of both linguistic ver-
sions 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:
Rights of trade unions
9.2 (1) A trade union that represents employees of a
federally regulated private business who occupy or are
assigned to positions in a workplace in Quebec or a re-
gion with a strong francophone presence has the right to
receive communications and documents from the feder-
ally regulated private business in French.
58 (1) The portion of subsection 10(1) of the Act
before paragraph (a) is replaced by the follow-
ing:
Fostering use of French
10 (1) A federally regulated private business that has
workplaces in Quebec or a region with a strong franco-
phone presence must take measures to foster the use of
French in those workplaces. Those measures must in-
clude
(2) The portion of subsection 10(1.1) of the Act be-
fore paragraph (a) is replaced by the following:
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Amendments to the Act
Sections 57-58

Page 78 
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 pres-
ence must develop programs intended to generalize the
use of French at all levels of the business in those work-
places, through the following:
59 (1) The portion of subsection 11(1) of the Act
before paragraph (a) is replaced by the follow-
ing:
Adverse treatment
11 (1) A federally regulated private business that has
workplaces in Quebec or a region with a strong franco-
phone 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:
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 pres-
ence 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.
Language other than French
(3) Requiring an employee to have a knowledge of a lan-
guage other than French does not constitute adverse
treatment for the purposes of subsection (1) if the feder-
ally 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 re-
quires such knowledge.
(3) The portion of subsection 11(4) of the Act be-
fore paragraph (a) is replaced by the following:
Language other than French — minimum conditions
(4) For the purposes of subsection (3), a federally regu-
lated private business that has workplaces in Quebec, be-
fore requiring knowledge of a language other than
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Amendments to the Act
Sections 58-59

Page 79 
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 rea-
son of the nature of the work to be performed by the em-
ployee, at a minimum,
(4) The portion of subsection 11(4) of the Act be-
fore paragraph (a) is replaced by the following:
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 re-
placed by the following:
Prevention of adverse treatment
(6) A federally regulated private business that has work-
places 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 rea-
sons referred to in that subsection or of an employee re-
ferred to in subsection (2) for the reason referred to in
that subsection.
Cessation of adverse treatment
(7) If a federally regulated private business that has
workplaces in Quebec or a region with a strong franco-
phone 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:
Part IX of Official Languages Act
16 (1) Subject to this section and subsections 41(1) and
(3) and 41.1(1) and (3), Part IX of the Official Languages
Act applies in respect of rights and duties under sec-
tion 7.
61 Subsection 19(1) of the Act is replaced by the
following:
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Amendments to the Act
Sections 59-61

Page 80 
Part IX of Official Languages Act
19 (1) Subject to this section, sections 18 and 21 and
subsections 26(2), 41(2) and (4) and 41.1(2) and (4), Part
IX of the Official Languages Act applies with respect to a
complaint made under subsection 18(1) as if the federally
regulated private business that is the subject of the com-
plaint were a federal institution.
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 sec-
tions 5 to 13 but not defined in section 2;
(2) Subsection 33(2) of the Act is replaced by the
following:
Different numbers
(2) A regulation made under paragraph (1)(a) may speci-
fy a different number of employees for federally regulat-
ed private businesses that have workplaces in Quebec, for
those that have workplaces in a region with a strong fran-
cophone presence and for those that do not have work-
places in Quebec or a region with a strong francophone
presence but carry on business in Quebec or such a re-
gion.
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 fac-
tors 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 pro-
portion of the region’s total population; and
(c) the vitality and specificity of French linguistic mi-
nority communities.
63 The Act is amended by adding the following
after section 41:
Compliance agreements — regions with a strong
francophone presence (communications and services)
41.1 (1) The Commissioner is not permitted to exercise,
before the day that may be fixed by order of the Governor
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Amendments to the Act
Sections 61-63

Page 81 
in Council, the powers under subsection 64.1(1) of the Of-
ficial Languages Act in respect of a complaint made by a
consumer in a region with a strong francophone presence
in respect of a right or duty under section 7.
Compliance agreements — regions with a strong
francophone presence (language of work)
(2) The Commissioner is not permitted to exercise, be-
fore the day that may be fixed by order of the Governor in
Council, the powers under subsection 64.1(1) of the Offi-
cial Languages Act in respect of a complaint made by an
employee who occupies or is assigned to a position in a
workplace in a region with a strong francophone pres-
ence in respect of a right or duty under any of sections 9
to 11.
Orders — regions with a strong francophone presence
(communications and services)
(3) The Commissioner is not permitted to exercise, be-
fore the day that may be fixed by order of the Governor in
Council, the powers under subsection 64.5(1) of the Offi-
cial Languages Act in respect of a complaint made by a
consumer in a region with a strong francophone presence
in respect of a right or duty under section 7.
Orders — regions with a strong francophone presence
(language of work)
(4) The Commissioner is not permitted to exercise, be-
fore the day that may be fixed by order of the Governor in
Council, the powers under subsection 64.5(1) of the Offi-
cial Languages Act in respect of a complaint made by an
employee who occupies or is assigned to a position in a
workplace in a region with a strong francophone pres-
ence in respect of a right or duty under any of sections 9
to 11.
R.S., c. L-2
Related 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 para-
graph (d), by adding “and” at the end of para-
graph (e) and by adding the following after para-
graph (e):
(f) any other full-time or part-time members that the
Governor in Council considers necessary to assist the
Board in carrying out its functions under the Use of
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Amendments to the Act
Sections 63-64

Page 82 
French in Federally Regulated Private Businesses
Act.
65 Subsection 10(3) of the Act is replaced by the
following:
Exception
(3) The members of the Board appointed under para-
graph 9(2)(e) or (f) are to be appointed by the Governor
in Council, on the recommendation of the Minister, to
hold office during good behaviour for terms not exceed-
ing three years each, subject to removal by the Governor
in Council at any time for cause.
Members appointed under paragraph 9(2)(f)
(3.1) The members of the Board appointed under para-
graph 9(2)(f) must have experience and expertise in offi-
cial language rights.
66 Subsection 11(2) of the Act is replaced by the
following:
Part-time occupation
(2) A part-time Vice-Chairperson, or a member appoint-
ed under paragraph 9(2)(e) or (f), must not hold any oth-
er employment or office in respect of which they receive
any remuneration and that is inconsistent with their du-
ties under this Act or the Use of French in Federally Reg-
ulated Private Businesses Act.
67 Section 12.02 of the Act is amended by adding
the following after subsection (4):
Members — paragraph 9(2)(f)
(5) For greater certainty, members appointed under
paragraph 9(2)(f) are not permitted to vote on the mak-
ing of regulations under section 15.
Transitional Provision
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.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 2 Use of French in Federally Regulated Private Businesses Act
Related Amendments to the Canada Labour Code
Sections 64-68

Page 83 
PART 3
Coordinating Amendments and
Coming into Force
Coordinating Amendments
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:
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:
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.
Bill C-11
70 (1) Subsections (2) and (3) apply if Bill C-11,
introduced in the 1st session of the 44th Parlia-
ment and entitled the Online Streaming Act (in
this section referred to as the “other Act”), re-
ceives 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 re-
placed 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 con-
tributions to Canadian society, as well as to foster the
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 3 Coordinating Amendments and Coming into Force
Sections 69-70

Page 84 
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:
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, con-
tributes 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 re-
specting the freedom of expression and the journalistic,
creative and programming independence enjoyed by the
Canadian Broadcasting Corporation.
Coming into Force
First anniversary
71 (1) Section 12 comes into force on the first an-
niversary of the day on which this Act receives
royal assent.
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.
Order in council
(2) Section 23 comes into force on a day to be
fixed by order of the Governor in Council.
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.
Order in council
(4) The provisions of the Use of French in Feder-
ally Regulated Private Businesses Act, as enact-
ed by section 54, and sections 64 to 67 come into
force on a day to be fixed by order of the Gover-
nor in Council.
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 3 Coordinating Amendments and Coming into Force
Coordinating Amendments
Sections 70-71

Page 85 
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).
Order in council
(6) Subsection 58(2) comes into force on a day to
be fixed by order of the Governor in Council.
Order in council
(7) Subsection 59(4) comes into force on a day to
be fixed by order of the Governor in Council.
Published under authority of the Speaker of the House of Commons
2021-2022-2023
Chapter 15: An Act for the Substantive Equality of Canada’s Official Languages
PART 3 Coordinating Amendments and Coming into Force
Coming into Force
Section  
71

Page 86 
Available on the House of Commons website
Disponible sur le site Web de la Chambre des com