C-11 - Charter of the French language

Section 45 Disposition versions

2022-06-01

45. An employer is prohibited from dismissing, laying off, demoting or transferring a member of his staff or taking reprisals against or imposing any other penalty on the staff member for the sole reason that the member is exclusively French-speaking or does not have sufficient knowledge of a given language other than the official language or for any of the following reasons:

(1)  the staff member has demanded that a right arising from the provisions of this chapter be respected;

(2)  to deter the staff member from exercising such a right;

(3)  because the staff member does not have knowledge or a specific level of knowledge of a language other than the official language, where the performance of the duty does not require it;

(4)  because the staff member has taken part in meetings of, or carried out tasks for, a francization committee established under section 136 or 140 or a subcommittee created by that committee;

(5)  to induce the staff member to endorse, under the first paragraph of section 138.2, a document referred to in section 138.1, or to dissuade him from doing so; or

(6)  because the staff member has, in good faith, communicated information to the Office under section 165.22 or cooperated in an investigation conducted because of such a communication.

The fact that an employer requires a person to have knowledge or a specific level of knowledge of a language other than the official language to keep a position or to obtain a position, in particular through recruitment, hiring, transfer or promotion, is considered a prohibited practice under the first paragraph, unless the employer shows, in accordance with sections 46 and 46.1, that the performance of the duty requires such knowledge and that he first took all reasonable means to avoid imposing such a requirement.

1977, c. 5, s. 45; 1997, c. 24, s. 2; 2000, c. 57, s. 7; 2001, c. 26, s. 83; 2015, c. 15, s. 237; I.N. 2016-12-01; 2022, c. 14, s. 33.

2016-12-01

45. An employer is prohibited from dismissing, laying off, demoting or transferring a member of his staff for the sole reason that he is exclusively French-speaking or that he has insufficient knowledge of a particular language other than French, or because he has demanded that a right arising from the provisions of this chapter be respected.

A staff member not subject to a collective agreement who believes he has been aggrieved by an action that is prohibited by the first paragraph may exercise a remedy before the Administrative Labour Tribunal. The provisions applicable to a remedy relating to the exercise by an employee of a right arising out of the Labour Code (chapter C-27) apply, with the necessary modifications.

A staff member subject to a collective agreement who believes he has been so aggrieved may submit the grievance for arbitration if the association representing the staff member fails to do so. Section 17 of the Labour Code applies to the arbitration of the grievance, with the necessary modifications.

1977, c. 5, s. 45; 1997, c. 24, s. 2; 2000, c. 57, s. 7; 2001, c. 26, s. 83; 2015, c. 15, s. 237; I.N. 2016-12-01.

2016-01-01

45. An employer is prohibited from dismissing, laying off, demoting or transferring a member of his staff for the sole reason that he is exclusively French-speaking or that he has insufficient knowledge of a particular language other than French, or because he has demanded that a right arising from the provisions of this chapter be respected.

A staff member not subject to a collective agreement who believes he has been aggrieved by an action that is prohibited by the first paragraph may exercise a remedy before the Administrative Labour Tribunal remedy relating to the exercise by an employee of a right arising out of the Code apply, with the ne. The provisions applicable to acessary modifications.

A staff member subject to a collective agreement who believes he has been so aggrieved may submit the grievance for arbitration if the association representing the staff member fails to do so. Section 17 of the Labour Code applies to the arbitration of the grievance, with the necessary modifications.

1977, c. 5, s. 45; 1997, c. 24, s. 2; 2000, c. 57, s. 7; 2001, c. 26, s. 83; 2015, c. 15, s. 237.

2002-11-25

45. An employer is prohibited from dismissing, laying off, demoting or transferring a member of his staff for the sole reason that he is exclusively French-speaking or that he has insufficient knowledge of a particular language other than French, or because he has demanded that a right arising from the provisions of this chapter be respected.

A staff member not subject to a collective agreement who believes he has been aggrieved by an action that is prohibited by the first paragraph may exercise a remedy before the Commission des relations du travail established by the Labour Code (chapter C-27). The provisions applicable to a remedy relating to the exercise by an employee of a right arising out of the Code apply, with the necessary modifications.

A staff member subject to a collective agreement who believes he has been so aggrieved may submit the grievance for arbitration if the association representing the staff member fails to do so. Section 17 of the Labour Code applies to the arbitration of the grievance, with the necessary modifications.

1977, c. 5, s. 45; 1997, c. 24, s. 2; 2000, c. 57, s. 7; 2001, c. 26, s. 83.

2001-06-18

45. An employer is prohibited from dismissing, laying off, demoting or transferring a member of his staff for the sole reason that he is exclusively French-speaking or that he has insufficient knowledge of a particular language other than French, or because he has demanded that a right arising from the provisions of this chapter be respected.

A staff member not subject to a collective agreement who believes he has been aggrieved by an action that is prohibited by the first paragraph may exercise a remedy before a labour commissioner as though it were a remedy relating to the exercise of a right under the Labour Code (chapter C-27). Sections 15 to 20 of the Labour Code apply, with the necessary modifications.

A staff member subject to a collective agreement who believes he has been so aggrieved may submit the grievance for arbitration if the association representing the staff member fails to do so. Section 17 of the Labour Code applies to the arbitration of the grievance, with the necessary modifications.

1977, c. 5, s. 45; 1997, c. 24, s. 2; 2000, c. 57, s. 7.

1997-09-01

45. An employer is prohibited from dismissing, laying off, demoting or transferring a member of his staff for the sole reason that he is exclusively French-speaking or that he has insufficient knowledge of a particular language other than French, or because he has demanded that a right arising from the provisions of this chapter be respected.

1977, c. 5, s. 45; 1997, c. 24, s. 2.

1977-12-31

45. An employer is prohibited from dismissing, laying off, demoting or transferring a member of his staff for the sole reason that he is exclusively French-speaking or that he has insufficient knowledge of a particular language other than French.

1977, c. 5, s. 45.