LEGISLATIVE BASIS
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The study is based on sections 56, 57 and 58 of the Official Languages Act. Section 56 provides that “It is the duty of the Commissioner of Official Languages to take all actions and measures within the authority of the Commissioner 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 order to do so, “It is the duty of the Commissioner… to conduct and carry out investigations either on her own initiative or pursuant to any complaint made to the Commissioner.” Section 57 stipulates that “The Commissioner may initiate a review of any regulations or directives that affect or may affect the status or use of the official languages.” Section 58 concerns the investigation of complaints received by the Commissioner. The provisions of Part IV, on services to the public, and the provisions of Part IX, on the powers of the Commissioner, were also taken into account.
The commissions are institutions established under an Act of the Parliament of Canada. They are subject to a legal framework that includes, not only the legislation that governs them and establishes their mission, but also other federal legislation, including the Official Languages Act. They are therefore required, among other things, to comply with Parts IV (Communications with and services to the public) and VII (advancement of English and French) of the Act. Accordingly, and when appropriate, they should include in their report, in a clear and detailed manner, the results of their assessment on the impact of their decisions concerning any official language minority communities.
The study also factors in the provisions of the Electoral Boundaries Readjustment Act and how they relate to the Official Languages Act.
