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C-11 - Charter of the French language

Section 47
Disposition versions

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47. Unless otherwise provided for in this Act, a person who believes he is a victim of a prohibited practice referred to in sections 45 and 46 and who wishes to assert his rights may do so with the Commission des normes, de l’équité, de la santé et de la sécurité du travail within 45 days after the occurrence of the practice complained of.
1977, c. 5, s. 47; 1977, c. 41, s. 1; 2000, c. 57, s. 9; 2002, c. 28, s. 34; 2001, c. 26, s. 85; 2015, c. 15, s. 237; 2022, c. 14, s. 37.
47. A person who believes he has been aggrieved by a contravention of the first paragraph of section 46 may, before exercising the remedy provided for in that section, apply in writing to the Office québécois de la langue française for the matter to be submitted to a mediator to allow an exchange of views between the person and the employer and to foster a speedy resolution of the matter by way of a written agreement.
The parties are required to take part in all meetings to which they are called by the mediator; the mediator and the parties may use telephone or other communications equipment by which they may hear one another. The complainant may be represented by the complainant’s association of employees.
Mediation may not extend beyond 30 days after the date it was applied for. Mediation may be terminated before that time if, in the mediator’s opinion, his intervention is not expedient or desirable in view of the circumstances. The mediator shall notify the parties in writing.
The time for bringing the matter before the Administrative Labour Tribunal or an arbitrator is suspended during mediation. The time begins to run again on receipt by the complainant of a notice terminating the mediation or not later than 30 days after mediation is applied for.
1977, c. 5, s. 47; 1977, c. 41, s. 1; 2000, c. 57, s. 9; 2002, c. 28, s. 34; 2001, c. 26, s. 85; 2015, c. 15, s. 237.
47. A person who believes he has been aggrieved by a contravention of the first paragraph of section 46 may, before exercising the remedy provided for in that section, apply in writing to the Office québécois de la langue française for the matter to be submitted to a mediator to allow an exchange of views between the person and the employer and to foster a speedy resolution of the matter by way of a written agreement.
The parties are required to take part in all meetings to which they are called by the mediator; the mediator and the parties may use telephone or other communications equipment by which they may hear one another. The complainant may be represented by the complainant’s association of employees.
Mediation may not extend beyond 30 days after the date it was applied for. Mediation may be terminated before that time if, in the mediator’s opinion, his intervention is not expedient or desirable in view of the circumstances. The mediator shall notify the parties in writing.
The time for bringing the matter before the Commission des relations du travail or an arbitrator is suspended during mediation. The time begins to run again on receipt by the complainant of a notice terminating the mediation or not later than 30 days after mediation is applied for.
1977, c. 5, s. 47; 1977, c. 41, s. 1; 2000, c. 57, s. 9; 2002, c. 28, s. 34; 2001, c. 26, s. 85.
47. A person who believes he has been aggrieved by a contravention of the first paragraph of section 46 may, before exercising the remedy provided for in that section, apply in writing to the Office québécois de la langue française for the matter to be submitted to a mediator to allow an exchange of views between the person and the employer and to foster a speedy resolution of the matter by way of a written agreement.
The parties are required to take part in all meetings to which they are called by the mediator; the mediator and the parties may use telephone or other communications equipment by which they may hear one another. The complainant may be represented by the complainant’s association of employees.
Mediation may not extend beyond 30 days after the date it was applied for. Mediation may be terminated before that time if, in the mediator’s opinion, his intervention is not expedient or desirable in view of the circumstances. The mediator shall notify the parties in writing.
The time for bringing the matter before a labour commissioner or an arbitrator is suspended during mediation. The time begins to run again on receipt by the complainant of a notice terminating the mediation or not later than 30 days after mediation is applied for.
1977, c. 5, s. 47; 1977, c. 41, s. 1; 2000, c. 57, s. 9; 2002, c. 28, s. 34.
47. A person who believes he has been aggrieved by a contravention of the first paragraph of section 46 may, before exercising the remedy provided for in that section, apply in writing to the Office de la langue française for the matter to be submitted to a mediator to allow an exchange of views between the person and the employer and to foster a speedy resolution of the matter by way of a written agreement.
The parties are required to take part in all meetings to which they are called by the mediator; the mediator and the parties may use telephone or other communications equipment by which they may hear one another. The complainant may be represented by the complainant’s association of employees.
Mediation may not extend beyond 30 days after the date it was applied for. Mediation may be terminated before that time if, in the mediator’s opinion, his intervention is not expedient or desirable in view of the circumstances. The mediator shall notify the parties in writing.
The time for bringing the matter before a labour commissioner or an arbitrator is suspended during mediation. The time begins to run again on receipt by the complainant of a notice terminating the mediation or not later than 30 days after mediation is applied for.
1977, c. 5, s. 47; 1977, c. 41, s. 1; 2000, c. 57, s. 9.
47. Any contravention of section 45 or 46, in addition to being an offence against this Act, gives a worker not governed by a collective agreement the same entitlement to vindicate his rights through a labour commissioner appointed under the Labour Code (chapter C‐27) as if he were dismissed for union activities. Sections 15 to 20 of the Labour Code then apply, with the necessary modifications.
If the worker is governed by a collective agreement, he has the same entitlement to submit his grievance for arbitration as his association, if the latter fails to act. Section 17 of the Labour Code applies, with the necessary modifications, for the arbitration of this grievance.
1977, c. 5, s. 47; 1977, c. 41, s. 1.
47. Any contravention of section 45 or 46, in addition to being an offence against this act, gives a worker not governed by a collective agreement the same entitlement to vindicate his rights through an investigation-commissioner appointed under the Labour Code as if he were dismissed for union activities. Sections 15 to 20 of the Labour Code then apply, mutatis mutandis.
If the worker is governed by a collective agreement, he has the same entitlement to submit his grievance for arbitration as his association, if the latter fails to act. Section 16 of the Labour Code applies, mutatis mutandis, for the arbitration of this grievance.
1977, c. 5, s. 47.
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