Marginal note:Commissioner may apply or appear

• 78. (1) The Commissioner may

  • (a) within the time limits prescribed by paragraph 77(2)(a) or (b), apply to the Court for a remedy under this Part in relation to a complaint investigated by the Commissioner if the Commissioner has the consent of the complainant;

  • (b) appear before the Court on behalf of any person who has applied under section 77 for a remedy under this Part; or

  • (c) with leave of the Court, appear as a party to any proceedings under this Part.

• Marginal note:Complainant may appear as party

  (2) Where the Commissioner makes an application under paragraph (1)(a), the complainant may appear as a party to any proceedings resulting from the application.

• Marginal note:Capacity to intervene

  (3) Nothing in this section abrogates or derogates from the capacity of the Commissioner to seek leave to intervene in any adjudicative proceedings relating to the status or use of English or French.

Marginal note:Evidence relating to similar complaint

79. In proceedings under this Part relating to a complaint against a federal institution, the Court may admit as evidence information relating to any similar complaint under this Act in respect of the same federal institution.

Marginal note:Hearing in summary manner

80. An application made under section 77 shall be heard and determined in a summary manner in accordance with any special rules made in respect of such applications pursuant to section 46 of the Federal Courts Act.

Marginal note:Costs

• 81. (1) Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Act shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise.

• Marginal note:Idem

  (2) Where the Court is of the opinion that an application under section 77 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to the applicant even if the applicant has not been successful in the result.

PART XIGENERAL

Marginal note:Primacy of Parts I to V

• 82. (1) In the event of any inconsistency between the following Parts and any other Act of Parliament or regulation thereunder, the following Parts prevail to the extent of the inconsistency:

  • (a) Part I (Proceedings of Parliament);

  • (b) Part II (Legislative and other Instruments);

  • (c) Part III (Administration of Justice);

  • (d) Part IV (Communications with and Services to the Public); and

  • (e) Part V (Language of Work).

• Marginal note:Canadian Human Rights Act excepted

  (2) Subsection (1) does not apply to the Canadian Human Rights Act or any regulation made thereunder.