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Indigenous Languages Act (S.C. 2019, c. 23)

Act current to 2020-09-09 and last amended on 2019-08-29. Previous Versions

Office of Commissioner of Indigenous Languages (continued)

Mandate and Powers, Duties and Functions (continued)

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Marginal note:Support offered by Office

 At the request of an Indigenous community or an Indigenous government or other Indigenous governing body, the Office may provide support to the community or the Indigenous government or other Indigenous governing body in its efforts to reclaim, revitalize, maintain and strengthen an Indigenous language, including its efforts to

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    (a) create permanent records of the language, including audio and video recordings and written materials such as dictionaries, lexicons and grammars of the language, for the purposes of, among other things, its maintenance and transmission;

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    (b) establish certification standards for translators and interpreters;

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    (c) conduct research and studies and community assessments in respect of the use of the language;

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    (d) develop and implement plans for reclaiming, revitalizing, maintaining and strengthening the language; or

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    (e) engage with the Government of Canada or provincial or territorial governments to establish culturally appropriate methods of teaching and learning the language.

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Marginal note:Dispute resolution services

 At the request of an Indigenous community, an Indigenous government or other Indigenous governing body, an Indigenous organization or the Government of Canada, the Office may provide services, including mediation or other culturally appropriate services, to facilitate the resolution of a dispute related to

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    (a) the fulfilment by any party of an obligation related to Indigenous languages under an agreement entered into by the Government of Canada;

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    (b) funding provided by the Government of Canada for the purposes of an initiative related to Indigenous languages;

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    (c) the fulfilment of any of the Government of Canada’s obligations under this Act; or

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    (d) the implementation of any of the Government of Canada’s policies and programs related to Indigenous languages.

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Marginal note:Review of complaints

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     (1) The Commissioner may conduct a review of a complaint, filed by an Indigenous government or other Indigenous governing body, an Indigenous organization or an Indigenous person, respecting any matter referred to in any of paragraphs 26(a) to (d).

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    Marginal note:Report

    (2) After conducting the review, the Commissioner must prepare a report containing any recommendations that the Commissioner considers to be appropriate.

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Marginal note:Capacity, rights, powers and privileges

 The Office has the capacity, rights, powers and privileges of a natural person, including the capacity to

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    (a) enter into contracts;

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    (b) acquire, hold and dispose of property or an interest or right in property, or lease property; and

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    (c) sue and be sued.

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Marginal note:Delegation

 The Commissioner may delegate any of the Commissioner’s powers, duties and functions under this Act to any director or employee of the Office, subject to any conditions that the Commissioner may impose.

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Marginal note:Limit of liability

 No action or other proceeding lies against the Commissioner, a director, an employee of the Office or a person acting on behalf of the Office for anything done, or omitted to be done, in the exercise or purported exercise in good faith of any power, or in the performance or purported performance in good faith of any duty or function, of that person in accordance with this Act.

Financial Management

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Marginal note:Fiscal year

 The Office’s fiscal year is the period beginning on April 1 in one year and ending on March 31 in the next year.

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Marginal note:Expenditure of revenues

 Subject to any conditions that the Treasury Board may impose, the Office may expend, in the furtherance of its mandate, during a fiscal year or the following one, any revenues that it receives in that fiscal year through the conduct of its activities.

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Marginal note:Business plan and budget

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     (1) The Office must establish a business plan and budget for each fiscal year and submit them to the Minister.

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    Marginal note:Scope and contents of business plan

    (2) The Office’s business plan must encompass all of the Office’s activities and include a statement of

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      (a) the Office’s mandate;

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      (b) the Office’s objectives for the fiscal year and the measures it intends to employ to achieve those objectives; and

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      (c) the Office’s expected performance for the fiscal year.

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    Marginal note:Contents of budget

    (3) The Office’s budget must include a statement of the Office’s projected revenues and expenses for the fiscal year.

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    Marginal note:Activities consistent with business plan

    (4) The Office must carry on its activities in a fiscal year in a manner that is consistent with its business plan for that year.

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Marginal note:Books and systems

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     (1) The Office must keep books of account and records in relation to them and must also maintain financial and management control and information systems.

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    Marginal note:Requirements

    (2) The books, records and systems referred to in subsection (1) must be kept and maintained in a manner that will provide reasonable assurance that

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      (a) the Office’s assets are safeguarded and controlled;

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      (b) its transactions are carried out in accordance with this Act;

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      (c) its financial, human and physical resources are managed economically and efficiently; and

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      (d) its activities are carried out effectively.

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    Marginal note:Internal audit

    (3) The Office may cause internal audits to be conducted to assess the Office’s transactions and activities for the purpose of verifying compliance with subsections (1) and (2).

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    Marginal note:Financial statements

    (4) The Office must prepare financial statements annually, in accordance with generally accepted accounting principles.

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    Marginal note:Form of financial statements

    (5) The Office’s financial statements must be prepared in a form that clearly sets out information according to its principal activities.

 
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