Official Languages Act (1969)

Legal Entities Involved

Federal Canada

Legal Status

Replaced in 1988 by the new Official Languages Act

Background

In 1969, following the main recommendations of the Laurendeau-Dunton Commission, the Canadian Parliament enacted the Official Languages Act for the first time, which gave English and French official status in organizations and institutions under federal jurisdiction. This law, which was repealed in 1988 and replaced with the new Official Languages Act, was the first language law in its own right passed by federal Parliament. Its main innovation was instituting official bilingualism throughout the Canadian federal government and not just in legislative bodies.

Linguistic Significance

The 1969 Official Languages Act had 39 sections. Section 2 set out that "English and French languages are the official languages of Canada for all purposes of the Parliament and Government of Canada." It also stipulated that both languages "possess and enjoy equality of status and equal rights and privileges as to their use in all the institutions of the Parliament and Government of Canada." In the justice system, the law supplemented the provisions of Section 133 of the Constitution Act, 1867, by requiring federal courts to hand down judgments in both languages (section 5) and provide interpretation services as required. However, the true innovation of the Official Languages Act was section 9, which required ministries, departments, other federal government organizations and crown corporations to ensure the "members of the public can obtain available services from and can communicate with it in both official languages."

In fact, the law bound not only Parliament and the courts, but also the entire federal government (sections 9 to 11). In addition, sections 12 to 18 introduced the concept of "bilingual districts" where the mother tongue of at least 10% of "subdivision" residents was that of the official language minority in the subdivision. Bilingual districts were to be created after each ten-year census. Sections 19 to 34 dealt with the Office of the Commissioner of Official Languages. Under Section 15, it was the Commissioner's duty to use all means necessary to ensure recognition of the status of each official language and respect for the spirit of the law and the legislator's intent in the administration of parliamentary and Canadian federal government institutions. To this end, the Commissioner could issue instructions of its own initiative or following complaints, and present reports and recommendations under the terms of the act. Section 35 stipulated that the Canadian government could draft the regulations it deemed necessary to ensure respect of the law.

The law was never totally applied, notably for bilingual districts. As the 1969 Official Languages Act had serious shortcomings, it was repealed and replace with the new Official Languages Act in 1988.

Linguistic Provisions

All sections (1 to 39).

Complete Text

Official Languages Act (1969)

1970, R.S.C, CHAPTER 0-2

An Act respecting the status of the official languages of Canada

SHORT TITLE

Section 1

This Act may be cited as the Official Languages Act.

DECLARATION OF STATUS OF LANGUAGES

Section 2

The English and French languages are the official languages of Canada for all purposes of the Parliament and Government of Canada, and possess and enjoy equality of status and equal rights and privileges as to their use in all the institutions of the Parliament and Government of Canada.

STATUTORY AND OTHER INSTRUMENTS

Section 3

Subject to this Act, all instruments in writing directed to or intended for the notice of the public, purporting to be made or issued by or under the authority of the Parliament or Government of Canada or any judicial, quasi-judicial or administrative body or Crown corporation established by or pursuant to an Act of the Parliament of Canada, shall be promulgated in both official languages.

Section 4

All rules, orders, regulations, by-laws and proclamations that are required by or under the authority of any Act of the Parliament of Canada to be published in the official gazette of Canada shall be made or issued in both official languages and shall be published accordingly in both official languages, except that where the authority by which any such rule, order, regulation, by-law or proclamation is to be made or issued is of the opinion that its making or issue is urgent and that to make or issue it in both official languages would occasion a delay prejudicial to the public interest, the rule, order, regulation, by-law or proclamation shall be made or issued in the instance in its version in one of the official languages and thereafter, within the time limited for the transmission of copies thereof or its publication as required by law, in its version in the other, each such version to be effective from the time the first is effective.

Section 5

(1) All final decisions, orders and judgments, including any reasons given therefor, issued by any judicial or quasi-judicial body established by or pursuant to an Act of the Parliament of Canada shall be issued in both official languages where the decision, order or judgment determines a question of law of general public interest or importance or where the proceedings leading to its issue were conducted in whole or in part in both official languages.

(2) Where any final decision, order or judgment issued by a body described in subsection (1) is not required by that subsection to be issued in both official languages, or where a body described in that subsection by which any final decision, order or judgment including any reasons given therefor is to be issued is of the opinion that to issue it in both official languages would occasion a delay prejudicial to the public interest or resulting in injustice or hardship to any party to the proceedings leading to its issue, the decision, order or judgment including any reasons given therefor shall be issued in the first instance in its version in one of the official languages and thereafter, within such time as is reasonable in the circumstances, in its version in the other, each such version to be effective from the time the first is effective.

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

(4) All rules, orders and regulations governing the practice or procedure in any proceedings before a body described in subsection (1) shall be made in both official languages but where the body by which any such instrument is to be made is satisfied that its making in both official languages would occasion a delay resulting in injustice or hardship to any person or class of persons, the instrument shall be made in the first instance in its version in one of the official languages and thereafter as soon as possible in its version in the other, each such version to be effective from the time the first is effective.

Section 6

Without limiting or restricting the operation of any law of Canada relating to the conviction of a person for an offence consisting of a contravention of a rule, order, regulation, by-law or proclamation that at the time of the alleged contravention was not published in the official gazette of Canada in both official languages, no instrument described in section 4 or 5 is invalid by reason only that it was not made or issued in compliance with those sections, unless in the case of any instrument described in section 4 it is established by the person asserting its invalidity that the non-compliance was due to bad faith on the part of the authority by which the instrument was made or issued.

Section 7

Where, by or under the authority of the Parliament or Government of Canada or any judicial, quasi-judicial or administrative body or Crown corporation established by or pursuant to an Act of the Parliament of Canada, any notice, advertisement or other matter is to be printed in a publication for the information primarily of members of the public resident in the National Capital Region or a federal bilingual district established under this Act, the matter shall, wherever possible in publications in general circulation within that Region or district, be printed in one of the official languages in at least one such publication appearing wholly or mainly in that language and in the other official language in at least one such publication appearing wholly or mainly in that other language, and shall be given as nearly as reasonably may be equal prominence in each such publication.

CONSTRUCTION OF VERSIONS OF ENACTMENTS

Section 8

(1) In construing acc enactment, both its versions in the official languages are equally authentic.

(2) In applying subsection (1) to the construction of an enactment,

(a) where it is alleged or appears that the two versions of the enactment differ in their meaning, regard shall be had to both its versions so that, subject to paragraph (c), the like effect is given to the enactment in every part of Canada in which the enactment is intended to apply, unless a contrary intent is explicitly or implicitly evident;

(b) subject to paragraph (c), where in the enactment there is a reference to a concept, matter or thing the reference shall, in its expression in each version of the enactment, be construed as a reference to the concept, matter or thing to which in its expression in both versions of the enactment the reference is apt;

(c) where a concept, matter or thing in its expression in one version of the enactment is incompatible with the legal system or institutions of a part of Canada in which the enactment is intended to apply but in its expression in the other version of the enactment is compatible therewith, a reference in the enactment to the concept, matter or thing shall, as the enactment applies to that part of Canada, be construed as a reference to the concept, matter or thing in its expression in that version of the enactment that is compatible therewith; and

(d) if the two versions of the enactment differ in a manner not coming within paragraph (c), preference shall be given to the version thereof that, according to the true spirit, intent and meaning of the enactment, best ensures the attainment of its objects.

DUTIES OF DEPARTMENTS, ETC. IN RELATION TO OFFICIAL LANGUAGES

Section 9

(1) Every department and agency of the Government of Canada and every judicial, quasi-judicial or administrative body or Crown corporation established by or pursuant to an Act of the Parliament of Canada has the duty to ensure that within the National Capital Region, at the place of its head or central office in Canada if outside the National Capital Region, and at each of its principal offices in a federal bilingual district established under this Act, members of the public can obtain available services from and can communicate with it in both official languages.

(2) Every department and agency of the Government of Canada and every judicial, quasi-judicial or administrative body or Crown corporation established by or pursuant to an Act of the Parliament of Canada has, in addition to but without derogating from the duty imposed upon it by subsection (1), the duty to ensure, to the extent that it is feasible for it to do so, that members of the public in locations other than those referred to in that subsection, where there is a significant demand therefor by such persons, can obtain available services from and can communicate with it in both official languages.

Section 10

(1) Every department and agency of the Government of Canada and every Crown corporation established by or pursuant to an Act of the Parliament of Canada has the duty to ensure that, at any office, location or facility in Canada or elsewhere at which any services to the travelling public are provided or made available by it, or by any other person pursuant to a contract for the provision of such services entered into by it or on its behalf after the coming into force of this Act, such services can be provided or made available in both official languages.

(2) Every department and agency described in subsection (1), and every Crown corporation described therein that is not expressly exempted by order of the Governor in Council from the application of this' subsection in respect of any services provided or made available by it, has the duty to ensure that any services to which subsection (1) does not apply that are provided or made available by it at any place elsewhere than in Canada can be so provided or made available in both official languages.

(3) Subsection (1) does not apply to require that services to the travelling public be provided or made available at any office, location or. facility in both official languages if, at that office, location or facility, there is no significant demand for such services in both official languages by members of the travelling public or the demand therefor is so irregular as not to warrant the application of subsection (1) to that office, location or facility.

Section 11

(1) Every judicial or quasi-judicial body established by or pursuant to an Act of the Parliament of Canada has, in any proceedings brought or taken before it, and every court in Canada has, in exercising in any proceedings in a criminal matter any criminal jurisdiction conferred upon it by or pursuant to an Act of the Parliament of Canada, the duty to ensure that any person giving evidence before it may be heard in the official language of his choice, and that in being so heard he will not be placed at a disadvantage by not being or being unable to be heard in the other official language.

(2) Every court of record established by or pursuant to an Act of the Parliament of Canada has, in any proceedings conducted before it within the National Capital Region or a federal bilingual district established under this Act, the duty to ensure that, at the request of any party to the proceedings, facilities arc made available for the simultaneous translation of the proceedings, including the evidence given and taken, from one official language into the other except where the court, after receiving and considering any such request, is satisfied that the party making it trill not, if such facilities cannot conveniently be made available, be placed at a disadvantage by reason of their not being available or the court, after making every reasonable effort to obtain such facilities, is unable then to obtain them

(3) In exercising in any proceedings in a criminal matter any criminal jurisdiction conferred upon it by or pursuant to an Act of the Parliament of Canada, any court in Canada may in its discretion, at the request of the accused or any of them if there is more than one accused, and if it appears to the court that the proceedings can effectively be conducted and the evidence can effectively be given and taken wholly or mainly in one of the official languages as specified in the request, order that, subject to subsection (1), the proceedings be conducted and the evidence be given and taken in that language.

(4) Subsections (1) and (3) do not apply to any court in which, under and by virtue of section 133 of The British North America Act, 1867, either of the official languages may be used by any person, and subsection (3) does not apply to the courts of any province until such time as a discretion in those courts or in the judges thereof is provided for by law as to the language in which, for general purposes in that province, proceedings may be conducted in civil causes or matters.

(5) The Governor in Council, in the case of any judicial or quasi-judicial body established by or pursuant to an Act of the Parliament of Canada, and the Lieutenant Governor in Council of any province, in the case of any other court in that province, may make such rules governing the procedure in proceedings before such body or court, including rules respecting the v of notice, as the Governor in Council or the Lieutenant-Governor in Council, as the case may be, deems necessary to enable such body or court to exercise or carry out any power or duty conferred or imposed upon it by this section.

FEDERAL BILINGUAL DISTRICTS

Section 12

In accordance with and subject to the provisions of this Apt and the terms of any agreement that may be entered into by the Governor in Council with the government of a province as described in section 15, the Governor in Council may from time to time by proclamation establish one or more federal bilingual districts (hereinafter in this Act called "bilingual districts") in a province, and alter the limits of any bilingual districts so established.

Section 13

(1) A bilingual district established under this Act shall be an area delineated by reference to the boundaries of any or all of the following, namely, a census district established pursuant to the Statistics Act, a local government or school district, or a federal or provincial electoral district or region.

(2) An area described in subsection (1) may be established as a bilingual district or be included in whole or in part within a bilingual district if

(a) both of the official languages are spoken as a mother tongue by persons residing in the area; and

(b) the number of persons who are in the linguistic minority in the area in respect of an official language spoken as a mother tongue is at least ten per cent of the total number of persons residing in the area.

(3) Notwithstanding subsection (2), where the number of persons in the linguistic minority in an area described in subsection (1) is less than the percentage required under subsection (2), the area may be established as a bilingual district if before the coming into force of this Act the services of departments and agencies of the Government of Canada were customarily made available to residents of the area in both official languages.

(4) No alteration of the limits of any bilingual district established under this Act shall be made unless such district would, if the proposed alteration of its limits were made, continue to comply with the requirements of this section respecting the establishment of bilingual districts under this Act.

(5) No proclamation establishing or altering the limits of any bilingual district shall be issued under this Act before such time as the Governor in Council has received from a Bilingual Districts Advisory Board appointed as described in section 14 a report setting out its findings and conclusions including its recommendations if any relating thereto and at least ninety days have elapsed from the day a copy of the report was laid before Parliament pursuant to section 17.

(6) A proclamation establishing or altering the limits of any bilingual district shall take effect in relation to any such district on such day, not later than twelve months after the issue of the proclamation, as may be fixed therein in relation to that district.

Section 14

(1) As soon as possible following the completion of each decennial census, or, in the case of the decennial census taken in the year 1961, forthwith after the coming into force of this Act, the Dominion Statistician shall prepare and send to the Clerk of the Privy Council a return certified by him showing the population of each of the provinces and census districts in Canada, categorized according to the official languages spoken as a mother tongue by persons cone resident therein as ascertained by that census, and as soon as possible thereafter the Governor in Council shall, pursuant to Part I of the Inquiries Act, appoint not less than five and not more than ten persons, selected as nearly as may be as representative of residents of the several provinces or principal regions of Canada, as commissioners to constitute a Bilingual Districts Advisory Board for the purpose of conducting an inquiry as described in section 15.

(2) One of the persons appointed as described in subsection (1) shall be designated in the instrument of appointment to act as chairForthwith upon the appointment of a Bilingual Districts Advisory Board, the Clerk of the Privy. Council shall send a copy of the return referred to in subsection (1) to the chairman of the Board.

Section 15

(1) Upon receipt by the chairman of a Bilingual Districts Advisory Board of the copy of the return referred to in subsection (3) of section 14, the Board shall, with all due despatch, conduct an inquiry into and concerning the areas of Canada in which one of the official languages is spoken as a mother tongue by persons who are in the linguistic minority in those areas in respect of an official language, and after holding such public hearings, if any, as it considers necessary and after consultation with the government of each of the provinces in which any such areas are located, prepare and submit to the Governor in Council a report setting out its findings and conclusions including its recommendations if any concerning the establishment of bilingual districts or the alteration of the limits of any existing bilingual districts in accordance with the provisions of this Act.

(2) In addition to its duties and powers under the Inquiries Act in respect of an inquiry as described in this section, a Bilingual Districts Advisory Board may be charged by the Governor in Council with the negotiation, on behalf of the Governor in Council, of a draft agreement with the government of a province for the purpose of ensuring that, to the greatest practical extent, the limits of any area that may be established as a bilingual district under this Act will be conterminous with any area similarly established or to be established in that province by such government.

(3) In carrying out its duties under this section, a Bilingual Districts Advisory Board shall have regard to the convenience of the public in a proposed bilingual district in respect of all the federal, provincial, municipal and educational services provided therein and where necessary recommend to the Governor in Council any administrative changes in federal services in the area that it considers necessary to adapt the area to a provincial or municipal bilingual area, for the greater public convenience of the area or to further the purposes of this Act.

Section 16

The Dominion Statistician and the Director of the Surveys and Mapping Branch of the Department of Energy, Mines and Resources shall make available their services and the facilities of their respective offices, and render all such other assistance to a Bilingual Districts Advisory Board as may be necessary, in order to enable that Board to discharge its duties under this Act.

Section 17

Within fifteen days after the receipt by the Governor in Council of the report of a Bilingual Districts Advisory Board submitted by the chairman thereof pursuant to section 15, or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting, the Governor in Council shall cause n copy of the report to be laid before Parliament.

Section 18

As soon as possible after the issue of any proclamation establishing or altering the limits of a bilingual district under this Act, the Director of the Surveys and Mapping Branch of the Department of Energy, Mines and Resources shall, in accordance with the descriptions and definitions set out in the proclamation, prepare and print

(a) individual maps of each bilingual district showing the boundaries of each such district;

(b) individual maps of each province showing the boundaries of each bilingual district therein; and

(c) individual maps of each local government or school district, portions of which are in more than one bilingual district.

COMMISSIONER OF OFFICIAL LANGUAGES

Section 19

(1) There shall be a Commissioner of Official Languages for Canada, hereinafter in this Act called the Commissioner.

(2) The Commissioner shall be appointed by Commission under the Great Seal after approval of the appointment by resolution of the Senate and House of Commons.

(3) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed by the Governor in Council at any time on address of the Senate and House of Commons.

(4) The Commissioner, upon the expiration of his first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years.

(5) The term of office of the Commissioner ceases upon his attaining sixty-five years of age, but he shall continue in office thereafter until his successor is appointed notwithstanding the expiration of such term.

(6) In the event of the death or resignation of the Commissioner while Parliament is not sitting or if he is unable or neglects to perform the duties of his office, the Governor in Council, after consultation by the Prime Minister with the Speaker of the Senate and the Speaker of the House of Commons, may appoint a temporary Commissioner, to hold office for a term not exceeding six months, who shall, while holding such office, have all of the powers and duties of the Commissioner under this Act and be paid such salary or other remuneration and expenses as may be fixed by the Governor in Council.

Section 20

(1) The Commissioner shall rank as and have all the powers of a deputy head of a department, shall devote himself exclusively to the duties of his office and shall not hold any other office under Her Majesty or engage in any other employment.

(2) The Commissioner shall be paid a salary equal to the salary of a puisne judge of the Exchequer Court of Canada, including any additional salary authorized by section 20 of the Judges Act, and is entitled to be paid reasonable travelling and living expenses while absent from his ordinary place of residence in the course of his duties.

Section 21

Such officers and employees as are necessary for the proper conduct of the work of the office of the Commissioner shall be appointed in the manner authorized by law.

Section 22

The Commissioner may engage on a temporary basis the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner, to advise and assist the Commissioner in the performance of the duties of his office and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of such persons.

Section 23

The Commissioner and the officers and employees of the Commissioner appointed as provided in section 21 shall be deemed to be persons employed in the Public Service for the purposes of the Public Service Superannuation Act.

Section 24

The Commissioner shall carry out such functions and duties as are assigned to him by this Act or any other Act of the Parliament of Canada, and may carry out or engage in such other related assignments or activities as may be authorized by the Governor in Council.

Section 25

It is the duty of the Commissioner to take all actions and measures within his authority with a view to ensuring recognition of the status of each of the official languages and compliance with the spirit and intent of this Act in the administration of the affaire of the institutions of the Parliament and Government of Canada and for that purpose, to conduct and carry out investigations either on his own initiative of pursuant to any complaint made to him and to report' and make recommendations with respect thereto as provided in this Act.

Section 26

(1) Subject to this Act, the Commissioner shall investigate any complaint made to him to the effect that, in any particular instance or ease,

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

(b) the spirit and intent of this Act was not or is not being complied with in the administration of the affairs of any of the institutions of the Parliament or Government of Canada.

(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.

(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, he may in his discretion refuse to investigate the matter further.

(4) The Commissioner may, in his discretion, refuse to investigate or cease to investigate any complaint if in his opinion

(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 his authority under this Act.

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

Section 27

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

Section 28

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

(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 for his making a report or recommendation that may adversely affect any individual or any department or other institution, he shall, before completing the investigation, take every reasonable measure to give to that individual, department 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.

Section 29

(1) Subject to this Act, the Commissioner may regulate the procedure to be followed by him in carrying out any investigation under this Act.

(2) The Commissioner may direct that information relating to any investigation under this Act be received or obtained, in whole or in part, by any officer of the Commissioner appointed as provided in section 21 and such officer shall, subject to such restrictions or limitations as the Commissioner may specify, have all the p era and duties of the Commissioner under this Act in relation to the receiving or obtaining of such information.

(3) The Commissioner shall require every person employed in his office who is directed by him to receive or obtain information relating to any investigation under this Act to comply with any security requirements applicable to, and to take any oath of secrecy required to be taken by, persons employed in any department or other institution concerned in the matter of the investigation.

Section 30

The Commissioner has, in relation to the carrying out of any investigation under this Act, power

(a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath, and to produce such documents and things as the Commissioner deems requisite to the full investigation and consideration of any matter within his authority under this Act, in the same manner and to the same extent as a superior court of record;

(b) to administer oaths;

(c) to receive and accept such evidence and other information whether on oath or by affidavit or otherwise as in his discretion he sees fit, whether or not such evidence or information is or would be admissible in a court of law; and

(d) subject to such limitations as the Governor in Council in the interests of defence or security may prescribe, to enter any premises occupied by any department or other institution of the Parliament or Government of Canada and carry out therein such inquiries within his authority under this Act as he sees fit.

Section 31

(1) This section applies where, after carrying out any investigation under this Act, the Commissioner is of the opinion that an act or omission that was the subject of the investigation is or was or appears to be or have been

(a) contrary to the provisions of this Act;

(b) contrary to the spirit and intent of this Act but in accordance with the provisions of any other Act of the Parliament of Canada or any regulations thereunder, or in accordance with a practice that leads or is likely to load to any involuntary contravention of this Act; or

(c) based wholly or partly on mistake or inadvertence.

(2) Where the Commissioner is of opinion

(a) that the act or omission that was the subject of the investigation should be referred to any department or other institution concerned for consideration and action if necessary,

(b) that any Act or regulations thereunder described in paragraph (b) of subsection (1) should be reconsidered or any practice described in that paragraph should be altered or discontinued, or

(c) that any other action should be taken,

the Commissioner shall report his opinion and his reasons therefor to the Clerk of the Privy Council and the deputy head or other administrative head of any department or other institution concerned and may in his report make such recommendations with respect thereto as he thinks fit, and, in any such case, may request the department or other institution concerned to notify him within a specified time of the action, if any, that it proposes to take to give effect to his recommendations.

Section 32

In the case of an investigation carried out by the Commissioner pursuant to any complaint made to him, the Commissioner shall inform the complainant and any individual, department or institution by whom or on whose behalf any answer relating to the complaint has been made pursuant to subsection (2) of section 28, in such manner and at such time as he thinks proper of the results of the investigation and, where any recommendations have been made by the Commissioner under section 31 but no action that stems to, him to be adequate and appropriate is taken thereon within a reasonable time after the making of the recommendations, he may inform the complainant of his recommendations and make such comments thereon as he thinks proper and, in any such case, shall provide a copy of such recommendations and comments to any individual whom he is required by this section to inform of the results of the investigation.

Section 33

(1) If within a reasonable time after the making of a report containing any recommendations under section 31, no action is taken thereon that seems to the Commissioner to be adequate and appropriate, the Commissioner, in his discretion and after considering any reply made by or on behalf of any department or other institution concerned, may transmit a copy of the report and recommendations to the Governor in Council and may thereafter make such report thereon to Parliament as he deems appropriate.

(2) The Commissioner may disclose in my report made by him under this section such matters as in his opinion ought to be unclosed in order to establish the grounds for his conclusions and recommendations, but in so doing shall take every reasonable precaution to avoid disclosing any matter the disclosure of which would or might be prejudicial to the defence or security of Canada or any state allied or associated with Canada.

(3) The Commissioner shall attach to every report made by him under this section a copy of any reply made by or on behalf of any department or other institution concerned.

Section 34

(1) In addition to any report that may be made by him under section 33, the Commissioner shall each year prepare and submit to Parliament a statement relating to the conduct of his office and the discharge of his duties under this Act during the preceding year including his recommendations, if any, for any proposed changes in this Act that he deems necessary or desirable in order that effect may he given to this Act according to its spirit and intent.

(2) Every report or statement to Parliament made by the Commissioner under section 33 or this section shall be made by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling respectively in those Houses.

(3) The Commissioner may, instead of making a separate report to Parliament under section 33 on the matter of any investigation carried out by him under this Act, include such report in his annual statement to Parliament made under this section unless, in his opinion, the nature of the report is such that it ought to be brought to the attention of Parliament without delay.

GENERAL

Section 35

The Governor in Council may make such regulations as he deems necessary to effect compliance with this Act in the conduct of the affairs of the Government of Canada and departments and agencies of the Government of Canada.

INTERPRETATION

Section 36

(1) In this Act,

(a) "court of record" means any body that, under the Act by or pursuant to which it is established, is or is declared to be a court of record;

(b) "Crown corporation" means a Crown corporation as defined in Part VIII of the Financial Administration Act;

(c) "enactment" means any Act of the Parliament of Canada including this Act and any rule, order, regulation, by-law proclamation described in section 4; and

(d) "National Capital Region" means the National Capital Region described in the Schedule to the National Capital Act.

(2) For the purposes of this Act, the "mother tongue" spoken by persons in any area of Canada means, in relation to any determination thereof required to be made under this Act, the language first learned in childhood by such persons and still understood by them, as ascertained by the decennial census taken immediately preceding the determination.

(3) For the purposes of this Act, a reference to the institutions or any of the institutions of the Parliament or Government of Canada shall be deemed to include the Canadian Forces and the Royal Canadian Mounted Police.

(4) For greater certainty it is hereby declared that section 107 of the Criminal Code does not apply to or in respect of any contravention or alleged contravention of any provision of this Act.

Section 37

In every Act of the Parliament of Canada, a reference to the "official languages" or the "official languages of Canada" shall be construed as a reference to the languages declared by section 2 of this Act to be the official languages of Canada for all purposes of the Parliament and Government of Canada.

Section 38

Nothing in this Act shall be construed as derogating from or diminishing in any way any legal or customary right or privilege acquired or enjoyed either before or after the coming into force of this Act with respect to any language that is not an official language.

CONSEQUENTIAL AMENDMENTS

Section 39

(1) Subsection (1) of section 3 of the Regulations Act is repealed and the following substituted therefor:

"3. (1) Every regulation-making authority shall, within seven days after making a regulation or, in the case of a regulation made in the first instance in one only of its official language versions, within seven days after its making in that version, transmit copies of the regulation in both official languages to the Clerk of the Privy Council."

(2) Subsection (1) of section 6 of the said Act is repealed and the following substituted therefor:

"6. (1) Every regulation shall be published in the Canada Gazette within twenty-three clays after copies thereof in both official languages arc transmitted to the Clerk of the Privy Council pursuant to subsection (1) of section 3."

(3) All that portion of subsection (3) of section 6 of the said Act preceding paragraph (a) thereof is repealed and the following substituted therefor:

"(3) No regulation is invalid by reason only that it was not published in the Canada Gazette, but no person shall be convicted for an offence consisting of a contravention of any regulation that at the time of the alleged contravention was not published in the Canada Gazette in both official languages unless"

ORDERLY ADAPTATION TO ACT

Section 40

(1) Where upon the submission of any Minister it is established to the satisfaction of the Governor in Council that the immediate application of any provision of this Act to any department or other institution of the Parliament or Government of Canada (hereinafter in this section called an "authority") or in respect of any service provided or made available by it

(a) would unduly prejudice the interests of the public served by the authority, or

(b) would be seriously detrimental to the good government of the authority, employer and employee relations or the effective management of its affairs,

the Governor in Council may by order defer of suspend the application of any such provision to the authority or in respect of any such service for such period, not exceeding sixty months from the coming into force of this Act, as the Governor in Council deems necessary or expedient.

(2) Any order made under this section may contain such directions and be subject to such terms and conditions as the Governor in Council deems appropriate to ensure the earliest possible application of any deferred or suspended provision provided for in the order, and in addition may prescribe different periods, not exceeding in any case the maximum period provided for under subsection (1), for different operations carried on or services performed or made available by the authority, to or in respect of which the application of any such provision is deferred or suspended.

(3) A copy of any order made under this section, together with a report thereon by the Governor in Council setting forth concisely the reasons for its making, shall be laid before Parliament within fifteen days after the making of the order or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that Parliament is sitting.

(4) In relation to the appointment and advancement in employment of personnel the duties of whose positions include duties relating to the provision of services by authorities to members of the public, it is the duty

(a) of the Public Service Commission, in cases where it has the authority to make appointments, and

(b) of the authority concerned, in all other cases,

to ensure that, in the exercise and performance of the powers, duties and functions conferred or imposed upon it by law, due account is taken of the purposes and provisions of this Act, subject always to the maintenance of the principle of selection of personnel according to merit as required by the Public Service Employment Act.

COMMENCEMENT

Section 41

This Act shall come into force on the sixtieth day after the day this Act is assented to.