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Legal framework
The Canadian Charter of Rights and Freedoms of 1982
stipulates in subsection 20(1) that, in prescribed circumstances, members
of the public have the right to communicate with and receive services from
federal institutions in the official language of their choice. Part IV of
the Official Languages Act of 1988 entitled "Communications with and
Services to the Public" sets out the duties of federal institutions to give
full effect to this right. The Official Languages (Communications with and
Services to the Public) Regulations specify the extent of the public's right
to receive federal services in English and French.
In short, the Act requires that any head or central office of a
federal institution, whatever its location, all offices in the National Capital
Region, and all offices of institutions that report directly to Parliament must
serve the public in both official languages (section 22 and
subsections 24(2) and (3) of the Act).
This obligation also falls on all other offices, including those
that serve the travelling public, where there is significant demand for services
in either official language (section 22 and subsection 23(1)), as well
as in offices the nature of which makes the use of both official languages
reasonable (subsection 24(1)). The Act gives the Governor in Council the
authority to make regulations prescribing circumstances relating to significant
demand and nature of the office, as well as those relating to services provided
to the travelling public by third parties contracted by federal institutions at
offices where there is significant demand (section 32). The regulations
define the circumstances under which the public is entitled to be served in
either official language. The directives relating to the implementation of
the regulations indicate to federal institutions how to apply some of the
provisions in the regulations, namely, assessment of demand, restricted
clientele and the principle of proportionality (see chapter 5-2).
Of particular importance in Part IV are sections 25 to
31. Section 25 of the Act stipulates that the duty imposed on federal
institutions to communicate with and to serve the public in the official
language of its choice must be met when another person or organization acts on
behalf of an institution and provides services that it would normally have
provided (see the policy statements in part 1 of this manual).
Section 26 of the Act provides that federal institutions that regulate
persons or organizations with respect to activities related to the health,
safety or security of members of the public must, wherever it is reasonable to
do so, ensure through their regulation of these organizations that they serve
the public in both languages. Section 27 specifies that the obligations
relating to communications and services to the public apply to both oral and
written communications and related documents and activities.
Under section 28, federal institutions are to ensure that
offices required to provide their services in both official languages take
appropriate measures to inform the public that their services are available in
either official language, at the choice of any member of the public (see
chapter 1-2 on active offer). Section 29 of the Act requires that all
signs identifying the offices of a federal institution must be bilingual or
placed together, with both official languages equally prominent.
Under section 30, subject to Part II and as required
under Part IV of the Act, federal institutions must use such communications
media as will enable them to communicate effectively with members of the public
in the official language of their choice (see the guidelines on the application
of sections 11 and 30 of the Act in chapter 1-5). Finally,
section 31 provides that the provisions of Part IV prevail in the
event of any inconsistency with the provisions of Part V. This means that
the rights of the public take precedence and employees who are required to work
in both official languages (whether because they hold a bilingual position or,
as is the case in Crown corporations, must carry out their duties in both
official languages) must first and foremost serve members of the public in the
official language of their choice.
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