Official Languages Act

Marginal note:Commissioner may apply or appear

• 78 (1) The Commissioner may

  • (a) within the time limits prescribed by paragraph 77(2)(a) or (b), apply to the Court for a remedy under this Part in relation to a complaint investigated by the Commissioner if the Commissioner has the consent of the complainant;

  • (b) appear before the Court on behalf of any person who has applied under section 77 for a remedy under this Part; or

  • (c) with leave of the Court, appear as a party to any proceedings under this Part.

• Marginal note:Exception

  (1.1) Despite paragraph (1)(a), if the Commissioner makes an order under subsection 64.5(1), the Commissioner

  • (a) is not permitted to make an application under paragraph (1)(a) in respect of any matter that is the subject of the order; and

  • (b) shall withdraw any applications that were made under paragraph (1)(a) in respect of any matter that is the subject of the order.

• Marginal note:Complainant may appear as party

  (2) Where the Commissioner makes an application under paragraph (1)(a), the complainant may appear as a party to any proceedings resulting from the application.

• Marginal note:Capacity to intervene

  (3) Nothing in this section abrogates or derogates from the capacity of the Commissioner to seek leave to intervene in any judicial proceedings relating to the status or use of English or French.