Indigenous Languages Act (S.C. 2019, c. 23)

Marginal note:Special examination

• 36 (1) At any time required by the Minister, the Office must cause a special examination to be carried out in respect of its transactions and activities to determine if the books, records, systems and practices referred to in section 34 were, in the period under examination, maintained in a manner that met the requirements of that section.

• Marginal note:Examiner

  (2) The special examination is to be carried out by the Office’s auditor. However, if, in the Minister’s opinion, a person other than the Office’s auditor should carry out the special examination, the Minister may, after consultation with the Commissioner, direct that the examination be carried out by another auditor who is qualified for the purpose.

• Marginal note:Plan

  (3) Before commencing the special examination, an examiner must survey the Office’s systems and practices to be examined and submit a plan for the examination, including a statement of the criteria to be applied in the examination, to the Commissioner.

• Marginal note:Reliance on internal audit

  (4) The examiner must, to the extent feasible, rely on any internal audit conducted under subsection 34(3).

Marginal note:Examiner’s report

• 37 (1) The examiner must, on completion of the special examination, submit a report on the examiner’s findings, and a summary of that report, to the Minister and the Commissioner.

• Marginal note:Contents

  (2) The examiner’s report is to include

  • (a) a statement as to whether, in the examiner’s opinion, having regard to the criteria referred to in subsection 34(2), there is a reasonable assurance that there are no significant deficiencies in the systems and practices examined; and

  • (b) a statement on the extent to which the examiner relied on internal audits.

• Marginal note:Posting of summary

  (3) The Office must, as soon as feasible after the Commissioner has received the report, post the summary of the report on its website.

Marginal note:Consultation with Auditor General

38 The Office’s auditor or the examiner may at any time consult the Auditor General of Canada on any matter relating to an audit or special examination.

Marginal note:Right to information

• 39 (1) At the request of the Office’s auditor or the examiner, the present or former Commissioner, directors or employees of the Office must provide any information and explanations, and give access to any of the Office’s records, documents, books, accounts and vouchers that are under their control, that the auditor or examiner considers necessary to prepare a report required under this Act.

• Marginal note:Obligation to inform

  (2) If the Office’s present or former Commissioner, directors or employees do not have information or explanations requested by an auditor or examiner under subsection (1), the Office’s current Commissioner or directors must obtain the information or explanation and provide it to the auditor or examiner.

Marginal note:Restriction

40 Nothing in sections 34 to 39 is to be construed as authorizing the Office’s auditor or the examiner to express any opinion on the merits of matters of policy, including the merits of the Office’s mandate or any policy decision of the Office.

Marginal note:Qualified privilege

41 An oral or written statement or a report made under this Act by the Office’s auditor or an examiner has qualified privilege.

Marginal note:Disclosure of material developments

42 The Commissioner must, as soon as feasible, notify the Minister of any financial or other developments that, in the Commissioner’s opinion, are likely to have a material effect on the Office’s ability to carry out its mandate or exercise its powers or perform its duties or functions, on its performance or on its requirements for funding.

Annual Report

Marginal note:Contents

• 43 (1) The Office must, within four months after the end of each fiscal year, submit to the Minister an annual report on

  • (a) the use and vitality of Indigenous languages in Canada;

  • (b) the needs of Indigenous groups, communities and peoples and entities that are specialized in Indigenous languages — and the progress made — in relation to the reclamation, revitalization, maintenance and strengthening of Indigenous languages;

  • (c) the adequacy of funding provided by the Government of Canada for the purposes of initiatives related to Indigenous languages; and

  • (d) the implementation of this Act.

• Marginal note:Activities of Office and other contents

  (2) The annual report must also set out information respecting the Office’s principal activities for the fiscal year and must include

  • (a) a list of the research and studies undertaken under subsection 24(1);

  • (a.1) the Office’s financial statements;

  • (b) the annual auditor’s report;

  • (c) a statement on the extent to which the Office has met its objectives for the fiscal year; and

  • (d) any other information specified by the regulations.

Marginal note:Tabling in Parliament

• 44 (1) The Minister must cause a copy of the Office’s report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received.

• Marginal note:Referral to committee

  (2) After it is tabled, the report stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the report.

Regulations and Rules

Marginal note:Regulation-making powers

• 45 (1) Following consultations by the Minister with the Office, a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations in order to take into account the unique circumstances and needs of Indigenous groups, communities and peoples, the Governor in Council may make regulations

  • (a) respecting complaints referred to in section 27, including

    • (i) the filing of complaints, including the conditions that must be met before complaints may be filed,

    • (ii) the review of complaints, and

    • (iii) the reports made after conducting the review of complaints, including the type of recommendations that may be made in those reports, the period of time within which the reports must be completed and the persons or entities to which the reports must be provided;

  • (a.1) respecting procedures for consultations required under this Act as well as for the negotiation of agreements or arrangements under sections 8 and 9;

  • (a.2) for the purpose of section 10.1,

    • (i) specifying the services to which access may be provided in an Indigenous language and the region in which a federal institution or its agent or mandatary may provide access to those services in that language,

    • (ii) defining the expression “provide access to services”, and

    • (iii) defining the expressions “capacity” and “demand” and specifying the circumstances in which a federal institution or its agent or mandatary has the capacity to provide access to services in an Indigenous language and those in which demand for access to services in that language is sufficient;

  • (b) specifying other information to be included in the annual report for the purposes of paragraph 43(2)(d); and

  • (c) generally, for carrying out the purposes and provisions of this Act.

• Marginal note:Distinctions-based approach

  (2) The regulations made under paragraph (1)(a.2) may provide definitions and requirements that vary depending on

  • (a) the Indigenous language in question;

  • (b) the use and vitality of that language;

  • (c) the unique circumstances and needs of an Indigenous group, community or people that uses that language;

  • (d) the region where that language is used; and

  • (e) the federal institution or its agent or mandatary that may provide access to services in that language.

Marginal note:Collaboration

45.1 The Minister must ensure that Indigenous governments and other Indigenous governing bodies and Indigenous organizations are afforded a meaningful opportunity to collaborate in policy development leading to the making of regulations under section 45.

Marginal note:Rules — Office’s meetings and activities

46 The Office may make rules with respect to

• (a) the calling of meetings of the Office, the number of persons that constitute a quorum at each meeting and the manner in which decisions are to be made; and

• (b) the conduct of the activities of the Office.

Marginal note:Rules — dispute resolution and complaints

47 Subject to any regulations made under paragraph 45(a), the Office may make rules, including rules of procedure, that apply in respect of dispute resolution services or the review of complaints.

Marginal note:Rules — confidentiality

48 The Office must make rules to ensure the confidentiality of the information the Office receives in confidence in the exercise of its powers and the performance of its duties and functions.

Independent Review

Marginal note:Five-year review

• 49 (1) Within five years after the day on which this section comes into force and every five years after that, the Minister must cause to be conducted an independent review of this Act, of its administration and operation, of any agreements or arrangements made under section 9 and of the activities of the Office. The review must be conducted by a person or body appointed by the Minister in consultation with the Office.

• Marginal note:Report

  (2) The person or body that conducts the review must submit to the Minister a report setting out their conclusions and recommendations, including

  • (a) any measures that would contribute to the fulfilment of the objectives of this Act; and

  • (b) any changes to this Act in relation to, among other things, the mandate or the activities of the Office or the agreements or arrangements made under section 9.

• Marginal note:Consultations

  (2.1) Before submitting the report to the Minister, the person or body that conducts the review must consult with a variety of Indigenous governments and other Indigenous governing bodies and a variety of Indigenous organizations concerning the conclusions and recommendations that should be included in the report.

• Marginal note:Tabling in Parliament

  (3) The Minister must cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is received.

• Marginal note:Referral to committee

  (4) After it is tabled, the report stands referred to the committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for the purpose of reviewing the report.

Parliamentary Review

Marginal note:Three-year review

49.1 As soon as feasible after the third anniversary of the day on which this section comes into force and after each subsequent third anniversary, a review of this Act and of its administration and operation is to be commenced by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

Coming into Force

Marginal note:Order in council

Footnote ^*50 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

• Return to footnote ^*[Note: Sections 1 to 11, 13, 13.1, 16, 18 and 19 in force August 29, 2019, sections 12, 14, 15, 17 and 20 to 49.1 in force October 1, 2020, see SI/2019-93.]