Notice to the reader: This document is no longer in effect. It has been archived online and is kept purely for historical purposes.
Application
With the exception of section 91 of the Act, the policies
and guidelines in Part 5 concern more particularly federal institutions for
which Treasury Board is the employer. Other federal institutions must, however,
comply with the general principles. They may also adapt specific aspects to
their own situation, where appropriate.
Legal framework
The Official Languages Act sets out the roles and
responsibilities of the principal players in the management of the federal
government's official languages program. It clearly establishes that the major
responsibility for implementing the provisions of Parts IV, V and VI of the
Act — on service to the public, language of work, and participation of
English-speaking and French-speaking Canadians, respectively — rests with
each federal institution. Furthermore, the obligations flowing from the Act are
imposed on the institutions themselves, not on their employees. It is up to each
institution to take the measures that best suit its particular situation in
implementing its official languages program. All, however, should keep in mind
that the provisions relative to communications with and services to the public
and language of work have primacy over all other federal statutes and
regulations, except the Canadian Human Rights Act (section 82 of the
Act).
Part VIII of the Act confers on the Treasury Board the
responsibility for the general direction and coordination of the policies and
programs relating to the implementation of Parts IV, V and VI in federal
institutions (subsection 46(1)). The Treasury Board's role under
subsection 46(1) extends to all federal institutions, including Crown
corporations, except the Senate, the House of Commons and the Library of
Parliament.
While the Treasury Board Secretariat has the responsibility for
establishing and interpreting policies on official languages in federal
institutions, the Commissioner of Official Languages, in his role as ombudsman,
is responsible for ensuring that the spirit and intent of the Act are respected.
Part IX of the Act strengthens the Commissioner's role. In addition to
investigating complaints and seeking solutions, the Commissioner can, in certain
circumstances, initiate or participate in the proceedings before the Federal
Court dealing with unresolved complaints. The institution against which a
complaint is made or a court action is taken is responsible for taking the
necessary measures as a follow-up to the investigation or the court action.
Finally, even if the deputy head or the chief executive officer
of each federal institution is ultimately responsible for the successful
implementation of the institution's official languages program, the basic
responsibility rests with the senior managers of each institution, who must
ensure that the policies are respected and the official languages program is
successfully implemented in their areas of responsibility. Therefore, when
planning their annual objectives, managers with official languages obligations
must integrate their objectives in this regard into their area's and the
institution's global objectives.
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