APPENDIX

Page 10 of 10

Recommendations of the Commissioner of Official Languages

Recommendation 1
The Commissioner of Official Languages recommends that, by June 2009, the government review subparagraph 15(1)(b)(i) of the Electoral Boundaries Readjustment Act to make it consistent with sections 16 to 20 of the Canadian Charter of Rights and Freedoms, and with the provisions and spirit of Part VII of the Official Languages Act, to ensure that official language minority communities are clearly identified and included in the definitions of “community of interest” or “community of identity” to be taken into account by the electoral boundaries commissions.


Recommendation 2
The Commissioner of Official Languages recommends that the government specifically mention official language minority communities in the new paragraph to be included in section 15 of the Electoral Boundaries Readjustment Act to ensure that the commissions are required to take them into consideration in the redistribution process.


Recommendation 3
The Commissioner of Official Languages recommends that the government provide immediate support for research into a definition of the main factors for communities of interest to ensure consistency with sections 16 to 20 of the Canadian Charter of Rights and Freedoms and Part VII of the Official Languages Act, prior to the 2011 redistribution.


Recommendation 4
The Commissioner of Official Languages recommends that the government amend section 19 of the Electoral Boundaries Readjustment Act by June 2009 to clearly indicate the commissions’ obligation to publish notices of and their proposal for the electoral redistribution in newspapers that are likely to reach official language minority communities across Canada, just as they must do so for official language majority communities.


Recommendation 5
The Commissioner of Official Languages recommends that Elections Canada ensure, during the next electoral redistribution, that the communications plan prepared for the commission respects the provisions of the Official Languages Act and the equal status of both official languages.


Recommendation 6
The Commissioner of Official Languages recommends that the government ensure that all new provisions of the Electoral Boundaries Readjustment Act concerning information intended for the public from the commissions, specify that the information must always be disseminated, entirely in both official languages, and that the commissions must ensure the use of equivalent media that effectively reaches the official language communities, in compliance with the provisions and spirit of the Official Languages Act.


Recommendation 7
The Commissioner of Official Languages recommends that the government amend section 19 of the Electoral Boundaries Readjustment Act to allow the commissions to receive written comments, including e-mails, and to require that the commissions carry out consultations with groups representing the communities, especially official language minority communities, prior to presenting their proposal, thus enabling them to inform the commissions of their existence and for the commissions to then provide a rationale for the impact of their decisions.


Recommendation 8
The Commissioner of Official Languages recommends that the government require commissions that make substantial changes to their initial proposal when presenting their final report to the House of Commons, to conduct new public consultations in those electoral districts affected by their new proposal, in a timely manner, so as official language minority communities and others affected by these changes, where applicable, can express their opinion.


Recommandation 9
The Commissioner of Official Languages recommends that the government review section 20 of the Electoral Boundaries Readjustment Act to establish the essential factors, that must be taken into consideration by all commissions, including the treatment of official language minority communities, to ensure that all commissions address these factors effectively in their report.


Recommendation 10 
The Commissioner of Official Languages recommends that the government add a provision to the Electoral Boundaries Readjustment Act referring to the Commissioner of Official Languages’ investigatory powers in order to obtain the commissions’ co-operation in dealing with complaints brought to the Commissioner’s attention.


 

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