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

Marginal note:Review of regulations and directives

57. The Commissioner may initiate a review of

• (a) any regulations or directives made under this Act, and

• (b) any other regulations 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 pursuant to section 66 or 67.

Marginal note:Investigation of complaints

• 58. (1) Subject to this Act, the Commissioner shall investigate any complaint made to the Commissioner arising from any act or omission to the effect that, in any particular instance or case,

  • (a) the status of an official language was not or is not being recognized,

  • (b) any provision of any Act of Parliament or regulation relating to the status or use of the official languages was not or is not being complied with, or

  • (c) the spirit and intent of this Act was not or is not being complied with

  in the administration of the affairs of any federal institution.

• Marginal note:Who may make complaint

  (2) A complaint may be made to the Commissioner by any person or group of persons, whether or not they speak, or represent a group speaking, the official language the status or use of which is at issue.

• Marginal note:Discontinuance of investigation

  (3) If in the course of investigating any complaint it appears to the Commissioner that, having regard to all the circumstances of the case, any further investigation is unnecessary, the Commissioner may refuse to investigate the matter further.

• Marginal note:Right of Commissioner to refuse or cease investigation

  (4) The Commissioner may refuse to investigate or cease to investigate any complaint if in the opinion of the Commissioner

  • (a) the subject-matter of the complaint is trivial;

  • (b) the complaint is frivolous or vexatious or is not made in good faith; or

  • (c) the subject-matter of the complaint does not involve a contravention or failure to comply with the spirit and intent of this Act, or does not for any other reason come within the authority of the Commissioner under this Act.

• Marginal note:Complainant to be notified

  (5) Where the Commissioner decides to refuse to investigate or cease to investigate any complaint, the Commissioner shall inform the complainant of that decision and shall give the reasons therefor.

Marginal note:Notice of intention to investigate

59. Before carrying out an investigation under this Act, the Commissioner shall inform the deputy head or other administrative head of any federal institution concerned of his intention to carry out the investigation.

Marginal note:Investigation to be conducted in private

• 60. (1) Every investigation by the Commissioner under this Act shall be conducted in private.

• Marginal note:Opportunity to answer allegations and criticisms

  (2) It is not necessary for the Commissioner to hold any hearing and no person is entitled as of right to be heard by the Commissioner, but if at any time during the course of an investigation it appears to the Commissioner that there may be sufficient grounds to make a report or recommendation that may adversely affect any individual or any federal institution, the Commissioner shall, before completing the investigation, take every reasonable measure to give to that individual or institution a full and ample opportunity to answer any adverse allegation or criticism, and to be assisted or represented by counsel for that purpose.