C-11 - Charter of the French language

Section 46 Disposition versions

2022-06-01

46. An employer is prohibited from requiring a person, in order for the person to be able to keep a position, or to obtain a position through, in particular, recruitment, hiring, transfer or promotion, to have knowledge or a specific level of knowledge of a language other than the official language, unless the nature of the duties requires such knowledge; even in the latter case, the employer shall first take all reasonable means to avoid imposing such a requirement.

An employer requiring knowledge or a specific level of knowledge of a language other than the official language for a position must, when publishing an offer to fill the position, indicate in the offer the reasons that justify the requirement.

1977, c. 5, s. 46; 2000, c. 57, s. 8; 2001, c. 26, s. 84; 2015, c. 15, s. 237; 2022, c. 14, s. 35.

2016-01-01

46. An employer is prohibited from making the obtaining of an employment or office dependent upon the knowledge or a specific level of knowledge of a language other than the official language, unless the nature of the duties requires such knowledge.

A person, whether or not in an employment relationship with the employer, who believes he has been aggrieved by a contravention of the first paragraph and who is not subject to a collective agreement 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 Code apply, with the necessary modifications.

A person who is subject to a collective agreement and who believes he has been so aggrieved may submit the grievance for arbitration if the association representing the person fails to do so.

The remedy is brought before the Tribunal within 30 days after the date on which the employer informed the complainant of the linguistic requirements of the employment or position or, failing that, from the last act of the employer which was invoked to support the allegation of contravention of the first paragraph of this section.

It is incumbent upon the employer to prove to the Tribunal or the arbitrator that the performance of the work requires knowledge or a specific level of knowledge of a language other than French.

If the Tribunal or the arbitrator finds the complaint to be justified, the Tribunal or the arbitrator may issue any order the Tribunal or the arbitrator considers fair and reasonable in the circumstances, in particular an order to cease the act complained of, to perform an act, such as the renewal of the staffing process for the employment or position, or to pay compensation or punitive damages to the complainant.

1977, c. 5, s. 46; 2000, c. 57, s. 8; 2001, c. 26, s. 84; 2015, c. 15, s. 237.

2002-11-25

46. An employer is prohibited from making the obtaining of an employment or office dependent upon the knowledge or a specific level of knowledge of a language other than the official language, unless the nature of the duties requires such knowledge.

A person, whether or not in an employment relationship with the employer, who believes he has been aggrieved by a contravention of the first paragraph and who is not subject to a collective agreement 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 person who is subject to a collective agreement and who believes he has been so aggrieved may submit the grievance for arbitration if the association representing the person fails to do so.

The remedy is brought before the Commission within 30 days after the date on which the employer informed the complainant of the linguistic requirements of the employment or position or, failing that, from the last act of the employer which was invoked to support the allegation of contravention of the first paragraph of this section.

It is incumbent upon the employer to prove to the Commission or the arbitrator that the performance of the work requires knowledge or a specific level of knowledge of a language other than French.

If the Commission or the arbitrator finds the complaint to be justified, the Commission or the arbitrator may issue any order the Commission or the arbitrator considers fair and reasonable in the circumstances, in particular an order to cease the act complained of, to perform an act, such as the renewal of the staffing process for the employment or position, or to pay compensation or punitive damages to the complainant.

1977, c. 5, s. 46; 2000, c. 57, s. 8; 2001, c. 26, s. 84.

2001-06-18

46. An employer is prohibited from making the obtaining of an employment or office dependent upon the knowledge or a specific level of knowledge of a language other than the official language, unless the nature of the duties requires such knowledge.

A person, whether or not in an employment relationship with the employer, who believes he has been aggrieved by a contravention of the first paragraph and who is not subject to a collective agreement 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).

A person who is subject to a collective agreement and who believes he has been so aggrieved may submit the grievance for arbitration if the association representing the person fails to do so.

The remedy is brought before a labour commissioner by filing a complaint as provided by section 16 of the Labour Code, within 30 days after the date on which the employer informed the complainant of the linguistic requirements of the employment or position or, failing that, from the last act of the employer which was invoked to support the allegation of contravention of the first paragraph of this section. Sections 19 to 20 of the Labour Code apply, with the necessary modifications.

It is incumbent upon the employer to prove to the labour commissioner or the arbitrator that the performance of the work requires knowledge or a specific level of knowledge of a language other than French.

If the labour commissioner or the arbitrator finds the complaint to be justified, the labour commissioner or the arbitrator may issue any order he considers fair and reasonable in the circumstances, in particular an order to cease the act complained of, to perform an act, such as the renewal of the staffing process for the employment or position, or to pay compensation or punitive damages to the complainant.

1977, c. 5, s. 46; 2000, c. 57, s. 8.

1977-12-31

46. An employer is prohibited from making the obtaining of an employment or office dependent upon the knowledge of a language other than the official language, unless the nature of the duties requires the knowledge of that other language.

The burden of proof that the knowledge of the other language is necessary is on the employer, at the demand of the person or the association of employees concerned or, as the case may be, the Office de la langue française. The Office de la langue française has the power to decide any dispute.

1977, c. 5, s. 46.