The request must be filed within 30 days of notification of the unfavourable decision. The request shall be submitted to an examining committee composed of three members designated by the Minister. The committee shall report its observations and recommendation to the Minister. Sections 76 to 79 apply to the persons contemplated in this section. For the purposes of the second paragraph of section 79, a reference to the Education Act is a reference to section of the Education Act for Cree, Inuit and Naskapi Native Persons.
This section, with the necessary modifications, applies to the Naskapi of Schefferville. Any institution to which the first paragraph applies that is founded or accredited after 1 October must adopt such a policy within two years after it is founded or receives accreditation. Upon request, an educational institution must transmit a report on the application of its policy to the Minister.
Similarly, anything that, by prescription of an Act, a regulation or an order in council, must be published in a French newspaper and in an English newspaper, may be published in a French newspaper alone. During a transitional period of such duration as the Government may fix after consultation with the persons concerned, sections 16 and 17 of this Act do not apply to communications of the civil administration with the bodies envisaged in section The committees shall identify terminological deficiencies and problematical terms and expressions in their designated field.
The Government shall fix the remuneration and determine the fringe benefits and other conditions of employment of the members of the Commission. The Government may establish, by regulation, the criteria for the choice of place names, the rules of spelling to be followed in matters relating to toponymy and the method to be followed in choosing and obtaining approval for place names.
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The Office shall determine the form of such report and the information it must furnish. It shall prescribe appropriate correctives, if needed. Any agency refusing to implement such correctives is guilty of an offence. The francization committee shall analyze the language situation in the enterprise and make a report to the management of the enterprise for transmission to the Office. Where necessary, the committee shall devise a francization program for the enterprise and supervise its implementation. Where a francization certificate is issued to the enterprise, the committee shall ensure that the use of French remains generalized at all levels of the enterprise according to the terms of section The francization committee may establish subcommittees to assist it in the carrying out of its tasks.
The francization committee shall meet not less than once every six months. Such representatives shall be designated by the association of employees representing the majority of the workers or, where several associations of employees together represent the majority of the workers, such associations shall designate the representatives by agreement. In the absence of an agreement, or in all other cases, such representatives shall be elected by the whole body of the workers of the enterprise in the manner and on the conditions determined by the management of the enterprise.
However, their term as representatives may be renewed. In no case may an employer not remunerate or dismiss, lay off, demote or transfer a worker for the sole reason that the worker took part in committee or subcommittee meetings or tasks. Any worker who feels aggrieved by an action that is prohibited by the second paragraph may exercise the rights set out in the second or third paragraph of section 45, as the case may be. The Office shall issue a certificate of registration to the enterprise. Within six months of the date on which the certificate of registration is issued, the enterprise shall transmit an analysis of its linguistic situation to the Office.
If, however, the Office considers that the use of French is not generalized at all levels of the enterprise, it shall notify the enterprise that it must adopt a francization program. In the case of an enterprise to which section applies, the Office may, in addition, order the establishment of a francization committee of four or six members; in that case, sections to are applicable with the necessary modifications. The francization program shall be submitted to the Office within six months of the date on which the notice is received.
The program requires the approval of the Office. The enterprise must comply with the elements and stages of its program and keep its personnel informed of the implementation thereof. In addition, the enterprise must submit reports on the implementation of its program to the Office, every 24 months in the case of an enterprise employing fewer than persons and every 12 months in the case of an enterprise employing or more persons.
The Government shall determine, by regulation, in what cases, on what conditions and according to what terms a head office or research centre may be a party to such an agreement. The regulation may prescribe matters which must be dealt with under certain provisions of such an agreement. While such an agreement remains in force, the head office or research centre is deemed to be complying with the provisions of this chapter.
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The enterprise shall submit to the Office, every three years, a report on the progression of the use of French in the enterprise. Before making a decision, the Office may hear the views of any interested person on the situation of the enterprise concerned. The Government shall also determine, by regulation, the procedure by which an interested person makes his views known under the second paragraph of section Where such an enterprise requires a period of time to comply with certain provisions of this Act or of a regulation thereunder, it may request the assistance of the Office and enter into a special agreement with the latter.
Within the scope of such an agreement, the Office may, for the period it determines, exempt the enterprise from the application of any provision of this Act or of a regulation thereunder.
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The Office shall, every year, make a report to the Minister of the measures taken by the enterprises and the exemptions granted. The Office shall notify the Minister of any exemption thus granted. The Office is also responsible for ensuring compliance with this Act. The Office shall help define and develop the francization programs provided for in this Act and monitor their application. The Office may also receive observations and suggestions from such parties regarding the quality of the French language or problems encountered in the application of this Act, and report thereon to the Minister.
The members of the Office shall be appointed by the Government as follows: The associate deputy minister responsible for the implementation of language policy shall be a permanent non-voting member of the Office; the associate deputy minister may appoint a substitute. At the expiry of their terms, non-permanent members shall remain in office until they are replaced or reappointed. Meetings shall be presided over by the president and director general, who shall have a casting vote in the event of a tie.
The members of the Office may participate in a meeting by means of telephone or other communications equipment enabling all participants to hear one another. The powers and functions conferred on the Office by the first paragraph of section 38 and sections 40, to , , and are exercised by the president and director general, who shall report periodically to the Office. The Office may delegate any other power or function to the president and director general. The other members of the Office shall receive no remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government.
They are, however, entitled to the reimbursement of reasonable expenses incurred in the exercise of their functions, on the conditions and to the extent determined by the Government. The Office may in particular establish permanent or temporary committees, define their powers and duties and determine their mode of constitution and operation. The committees may, with the authorization of the Minister, be composed in whole or in part of persons who are not members of the Office. Committee members shall receive no remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government.
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The Office may also generally authorize a member or staff member of the Office to act as a mediator to facilitate an agreement between the parties in accordance with section The Minister shall lay the report before the National Assembly within 30 days after receiving it or, if the Assembly is not sitting, within 30 days of resumption. On request or on its own initiative, each of the committees shall, in its designated field, advise and submit proposals to the Office.
At the expiry of their terms, committee members shall remain in office until they are replaced or reappointed. Where a complaint has been filed, the president and director general may exercise, alone, the powers of the Office. The Office may refuse to act if an appropriate recourse is available to the complainant or if it considers that the circumstances do not justify its intervention.
Where it refuses to act, the Office shall inform the complainant of its decision, giving the reasons on which it is based. The Office shall inform the complainant of the recourses available, if any. Where necessary, the Office may confer such powers and immunity on any person it designates. The person must, at the request of any interested person, identify himself and produce the certificate attesting his capacity. In the case of a contravention of section The members of the Conseil shall be appointed by the Government as follows: At the expiry of their terms, members shall remain in office until they are replaced or reappointed.
Meetings shall be presided over by the chair, who shall have a casting vote in the event of a tie. The members of the Conseil may participate in a meeting by means of telephone or other communications equipment enabling all participants to hear one another. The other members of the Conseil shall receive no remuneration, except in such cases, on such conditions and to such extent as may be determined by the Government. The Conseil may establish committees to assist it in the exercise of its powers and duties. The committees may, with the authorization of the Minister, be composed, in whole or in part, by persons who are not members of the Conseil.
The fines are doubled for a subsequent offence. In determining the amount of a fine, the judge takes into account, among other things, the revenues and other benefits the offender derived from the offence and any damages and socio-economic consequences that resulted from the offence. Moreover, if a person is convicted of an offence under this Act, a judge may, on an application made by the prosecutor and submitted with the statement of offence, impose on the offender, in addition to any other penalty, a further fine equal to the financial gain the offender realized or derived from the offence, even if the maximum fine has also been imposed.
The operator of an establishment where menus or wine lists that are not in conformity with the provisions of section 51 are presented to the public also commits an offence and is liable to the fines provided for in section The burden of proof concerning the exceptions provided for in sections Et elle posa la cruche sur le sol tandis que Mathieu rentrait dans la chambre pour lui chercher une chaise.
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