The provisions of the Official Languages Act that affect parliamentarians
“I think the primary value underpinning Canadian language policy is respect: we must all demonstrate respect for both official languages, for unilingual Canadians and for minority language communities; respect for citizens, taxpayers, parliamentarians and public servants.
Accordingly, linguistic duality and respect for language rights is everybody’s business. We all have responsibilities in this regard. The values of respect, generosity and integrity on which linguistic duality is based should inspire us all.”
Graham Fraser, Commissioner of Official Languages
Address at the Canadian Bar Association’s Canadian Legal Conference, August 14, 2007
The Official Languages Act contains several provisions regarding parliamentarians’ rights and obligations.
- Part I of the Official Languages Act makes English and French the official languages of Parliament. Everyone has the right to use either of those languages in any debates and other proceedings of Parliament.
- The Act requires Parliament to provide simultaneous interpretation of its debates and other proceedings. Further, reports of debates or other proceedings of Parliament (e.g. appearances before the various committees) must include a transcription of what was said in one official language and its translation in the other official language.
- Section 90 of the Act stipulates that “Nothing in this Act abrogates or derogates from any powers, privileges or immunities of members of the Senate or the House of Commons in respect of their personal offices and staff.” Under this section, parliamentarians are not subject to the Official Languages Act for their own personal offices and staff. Members of Parliament also have certain privileges and immunities with regard to the Official Languages Act when carrying out certain activities or duties solely in their capacity as MP for their riding. However, when they are carrying out duties on behalf of the Government of Canada (for example, if they are head of a department and are speaking on its behalf), parliamentarians must comply with the Act.
