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Use of French in Federally Regulated Private Businesses Act (S.C. 2023, c. 15, s. 54)

Act current to 2024-05-01

Remedies — Language of Work (continued)

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Marginal note:Part X of Official Languages Act

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     (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.

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    Marginal note:References

    (2) For the purpose of applying Part X of the Official Languages Act,

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      (a) a reference in that Part to a federal institution is to be read as a reference to a federally regulated private business;

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      (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

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      (c) a reference in that Part to “this Act” is to be read as a reference to this Act.

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Marginal note:Referral to Board

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     (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

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      (a) the Commissioner will not be able to resolve the complaint within what the Commissioner considers to be a reasonable period; and

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      (b) the Board is better placed to deal with the complaint, in light of

      • (i) the nature and complexity of the complaint, or

      • (ii) the seriousness of the alleged failure to comply.

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    Marginal note:Limitation

    (2) However, the Commissioner is not permitted to refer a complaint to the Board if the Commissioner has, in respect of the complaint,

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      (a) entered into a compliance agreement under subsection 64.1(1) of the Official Languages Act with the federally regulated private business that is the subject of the complaint; or

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      (b) made an order with respect to that federally regulated private business under subsection 64.5(1) of that Act.

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    Marginal note: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 provide the parties with an opportunity to make representations.

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    Marginal note:Document or evidence

    (4) Once the complaint is referred to the Board, the Commissioner must provide the Board with any document or evidence in respect of the complaint that the Commissioner considers relevant.

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    Marginal note:Non-application

    (5) Part X of the Official Languages Act no longer applies with respect to the complaint after it has been referred to the Board.

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Marginal note:Board’s decision

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     (1) The Board must decide whether a complaint referred to it by the Commissioner is well-founded.

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    Marginal note: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 complaint.

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    Marginal note: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.

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    Marginal note: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 under 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 under section 26.

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    Marginal note: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.

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    Marginal note: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.

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    Marginal note: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 determine any matter that was before the panel and that member’s decision is deemed to be the decision of the panel.

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    Marginal note:Limitation of liability

    (8) Members of the Board and external adjudicators are not personally liable, either civilly or criminally, for anything 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.

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    Marginal note:External adjudicator — remuneration and expenses

    (9) An external adjudicator must be paid the remuneration and the fees that may be fixed by the Chairperson and is entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of residence.

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Marginal note:Dealing with complaint

 In dealing with any complaint under this Act, the Board

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    (a) is to proceed as informally and expeditiously as the circumstances and considerations of fairness permit; and

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    (b) is not bound by legal or technical rules of evidence.

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Marginal note:Powers of Board

 The Board has, in relation to a complaint referred to it by the Commissioner, the power

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    (a) to summon and enforce the attendance of witnesses 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;

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    (b) to administer oaths;

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    (c) to receive, and base a decision on, any evidence adduced that the Board believes to be credible;

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    (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;

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    (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;

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    (f) to abridge or extend the time for doing any act, filing any document or presenting any evidence;

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    (g) if the parties agree, to assist the parties in resolving 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;

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    (h) to authorize any person to do anything that the Board may do under paragraphs (a) to (g) and to report to the Board on it;

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    (i) to adjourn or postpone any proceeding from time to time;

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    (j) to defer deciding any matter, if the Board considers that the matter could be resolved by an alternate method of resolution;

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    (k) to amend or permit the amendment of any document filed in connection with the complaint;

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    (l) to add a party at any stage;

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    (m) to permit an interested person to intervene at any stage;

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    (n) to merge complaints that relate to the same situation or subject matter;

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    (o) to decide any matter that may arise in connection with the complaint;

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    (p) to take notice of facts that may be judicially noticed;

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    (q) to take notice of other generally recognized facts and any information that is within the Board’s specialized knowledge, after notifying the parties and any intervenor of its intention to do so and providing them with an opportunity to make representations; and

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    (r) to review, rescind, amend, alter or vary any order or decision made by the Board and to rehear any matter before making a decision with respect to it.

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Marginal note:Consultation

 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 employee of the Administrative Tribunals Support Service of Canada.

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Marginal note:Regulations of Board

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     (1) The Board may make regulations respecting its powers, duties and functions under this Act, including regulations respecting

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      (a) rules of procedure for proceedings;

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      (b) the use of means of telecommunication that permit simultaneous communication;

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      (c) the forms to be used in connection with a complaint;

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      (d) the time within which and the circumstances under which the Board may exercise its powers under this Act;

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      (e) the form in which and the period during which evidence may be presented to the Board;

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      (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

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      (g) the delegation of the Board’s powers under paragraph 24(h).

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    Marginal note:Non-application

    (2) Section 57 of the Official Languages Act does not apply with respect to regulations made under subsection (1).

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Marginal note:Rejection of complaint

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     (1) The Board may reject a complaint, in whole or in part, if the Board is satisfied that

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      (a) the complaint is not within its jurisdiction;

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

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      (c) there is insufficient evidence to substantiate the complaint;

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      (d) the complaint has been settled in writing between the complainant and the federally regulated private business;

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      (e) there are other means available to the complainant to resolve the subject matter of the complaint that the Board considers should be pursued;

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      (f) the subject matter of the complaint has been adequately dealt with through recourse obtained before a court, tribunal, arbitrator or adjudicator; or

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      (g) if the complainant is subject to a collective agreement, the collective agreement covers the subject matter of the complaint and provides a third party dispute resolution process.

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    Marginal note:Notice of rejection

    (2) If the Board rejects a complaint, it must notify the parties in writing, with reasons.

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Marginal note:Board orders

 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 comply with the section of this Act at issue and, if applicable, to

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    (a) permit the complainant to return to the duties of their employment;

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    (b) reinstate the complainant;

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    (c) pay to the complainant compensation not exceeding 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;

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    (d) pay to the complainant compensation not exceeding the sum that, in the Board’s opinion, is equivalent to any financial or other penalty imposed on the complainant by the federally regulated private business; and

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    (e) do any other thing that the Board considers equitable for the federally regulated private business to do to remedy or counteract any consequence of the failure to comply.

 

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