WHEREAS the people of Prince Edward Island take pride in the role of Prince Edward Island in the creation of Canada, a bilingual country;
AND WHEREAS the Government of Prince Edward Island is committed to supporting the Acadian and Francophone community and maintaining the French language on Prince Edward Island for future generations;
AND WHEREAS the Government of Prince Edward Island wishes to establish clear obligations respecting the provision of services by government institutions in French, based on the service priorities of the Acadian and Francophone community and the service capacity of government institutions;
THEREFORE, BE IT ENACTED by the Lieutenant Governor and the Legislative Assembly of the Province of Prince Edward Island as follows:
1. In this Act,
“Acadian and Francophone Affairs Secretariat” means the employees referred to in subsection 7(3);
“Acadian and Francophone community” means the community of people within the province who have a common knowledge and understanding of the French language;
“advisory committee” means the Acadian and Francophone Community Advisory Committee established under section 8;
“Complaints Officer” means the Complaints Officer appointed by the Minister in accordance with section 11;
“Co-ordinator” means, in relation to a government institution, the French Language Services Co-ordinator appointed by the head of the government institution in accordance with subsection 9(1);
“designated service” means a service designated in the regulations as a designated service;
“government institution” means
(a) a department or division of the Government of Prince Edward Island;
(b) a Crown corporation; or
(c) any other organization, that is prescribed in the regulations as a government institution;
“head” means, in relation to a government institution,
(a) in the case of a government institution that is a department or division of the Government of Prince Edward Island, the member of the Executive Council who presides over the government institution; or
(b) in the case of any other government institution, the chief officer of the government institution;
“Minister” means the Minister Responsible for Acadian and Francophone Affairs;
“regulations” means the regulations made by the Lieutenant Governor in Council pursuant to section 16;
“service” means a service that is provided to the public by a government institution. 2013,c.32,s.1.
2. (1) Nothing in this Act or the regulations shall be construed so as to prevent a government institution from providing a service other than a designated service to the public in French.
2. (2) Nothing in this Act or the regulations shall be construed as dictating or otherwise limiting the working language of the Government of Prince Edward Island.
2. (3) Nothing in this Act or the regulations shall be construed as limiting the use of French outside of the application of this Act and the regulations.
2013,c.32,s.2.
3. (1) Every government institution shall ensure that each designated service provided by that government institution is provided to any member of the public in the person’s choice of French or English.
3. (2) Every government institution shall ensure that
(a) measures are taken, in accordance with the regulations, to make it known to the public that a designated service of the government institution is provided in a person’s choice of French or English; and
(b) a designated service of the government institution is provided with comparable quality in French and English.
3. (3) For greater certainty, this section applies to a government institution whether the government institution provides a designated service directly or through a third party.
2013,c.32,s.3.
4. (1) Where a government institution receives written correspondence in French, the government institution shall ensure that such correspondence is responded to, in writing, in French.
4. (2) Where a government institution is conducting a public consultation, whether directly or through a third party, the government institution shall
(a) where the public consultation is conducted through written or electronic means, ensure that members of the public are provided with an opportunity to participate in the consultations in French and English; and
(b) where the public consultation is conducted through one or more public meetings, ensure that members of the public are provided with an opportunity to participate in at least one of the public meetings in French and English.
2013,c.32,s.4.
5. Where a government institution is responsible for erecting signage giving notice of a community name, the government institution shall, before doing so, consult with the community respecting the community name to be used on the sign, and give consideration to the community name in common usage, the historical name of the community and any Acadian and Francophone cultural ties to the community.
2013,c.32,s.5.
6. Where the Lieutenant Governor in Council or the head of a government institution is authorized or required under an enactment to appoint persons to an agency, board or commission, the Lieutenant Governor in Council or the head of the government institution, as the case may be, shall, before making such appointments, give full and fair consideration to the representation of members of the Acadian and Francophone community on the agency, board or commission.
2013,c.32,s.6.
7. (1) The Minister is responsible for the administration of this Act and the regulations.
7. (2) The functions of the Minister include developing and co-ordinating the implementation of policies and programs of the Government of Prince Edward Island relating to
(a) Acadian and Francophone Affairs; and
(b) the provision of designated services by government institutions in French.
7. (3) The Minister may, in accordance with the Civil Service Act R.S.P.E.I. 1988, Cap. C-8, engage such employees as the Minister deems necessary, who shall be known collectively as the Acadian and Francophone Affairs Secretariat, to assist with the administration of the functions of the Minister.
2013,c.32,s.7.
8. (1) There is hereby established an advisory committee, known as the Acadian and Francophone Community Advisory Committee, to provide to the Minister advice respecting the service priorities of the Acadian and Francophone community, the designation of services as designated services, the provision of designated services by government institutions in French, and any other matters concerning the Acadian and Francophone community in the province.
8. (2) The advisory committee shall consist of ten members, each of whom is bilingual in French and English, appointed by the Minister, including:
(a) one member who represents the West Prince region of the province;
(b) one member who represents the Evangeline region of the province;
(c) one member who represents the Summerside and Miscouche area;
(d) one member who represents the Rustico area;
(e) one member who represents the Charlottetown area;
(f) one member who represents the Eastern Kings region;
(g) four other members, including the Chair.
8. (3) Notwithstanding subsection (2), a vacancy in the membership of the advisory committee does not impair the right of the members in office to act, if the number of members in office is not less than five members.
8. (4) Members shall be appointed to the advisory committee for a term of three years and may be reappointed once.
8. (5) Notwithstanding subsection (4), the Minister may stagger the terms of the initial members appointed to the advisory committee.
8. (6) The appointment of a member of the advisory committee is revoked at the time
(a) the member resigns from the advisory committee by notice in writing delivered to the advisory committee;
(b) the member ceases to reside in the province; or
(c) the member’s appointment is revoked by the Minister.
8. (7) Where a member of the advisory committee ceases to hold office before his or her term expires, the Minister may appoint a new member to hold office for the remainder of the previous member’s term.
8. (8) A member of the advisory committee continues to hold office after the expiry of his or her term as a member until the member is reappointed or a successor is appointed.
8. (9) The members of the advisory committee shall be paid such remuneration and reimbursed for such expenses as the Lieutenant Governor in Council may determine.
8. (10) The Minister shall appoint an employee from the Acadian and Francophone Affairs Secretariat who is bilingual in French and English as an Executive Secretary to provide operational and administrative support to the advisory committee.
8. (11) The advisory committee may make bylaws not inconsistent with this Act or the regulations relating to the administrative operation of the advisory committee.
2013,c.32,s.8.
9. (1) The head of each government institution shall appoint a French Language Services Co-ordinator for the government institution, who shall perform such functions for the government institution as are set out in this Act and the regulations or assigned by the head of the government institution or the Minister.
9. (2) There is hereby established a Co-ordinators’ Committee, composed of all Co-ordinators and a chair appointed in accordance with subsection (3), for the purposes of sharing information and assisting government institutions to meet their obligations under this Act.
9. (3) The Minister shall appoint an employee from the Acadian and Francophone Affairs Secretariat as the Chair of the Co-ordinators’ Committee.
2013,c.32,s.9.
10. (1) Each fiscal year, commencing in the fiscal year in which this subsection comes into force, every government institution shall prepare and submit to the Minister, within such time, in such form and containing such information, as the Minister may request, an annual plan for the next fiscal year.
10. (2) Each fiscal year, commencing in the second fiscal year that follows by the fiscal year in which this subsection comes into force, every government institution shall prepare and submit to the Minister, within such time, in such form and containing such information, as the Minister may request, an annual report for the past fiscal year.
10. (3) The annual plan and the annual report of a government institution shall, in addition to containing such information as the Minister may request, contain information respecting
(a) the service priorities of the Acadian and Francophone community, as expressed by the advisory committee, in relation to the services provided by the government institution;
(b) the service capacity of the government institution to provide services in French;
(c) the provision of designated services by the government institution in French; and
(d) any complaints received by the government institution respecting compliance by the government institution with this Act.
10. (4) Each fiscal year, commencing in the fiscal year that follows the fiscal year in which this subsection comes into force, the Minister shall
(a) prepare an annual report for the past fiscal year respecting the activities of the Acadian and Francophone Affairs Secretariat and government institutions; and
(b) lay that annual report before the Legislative Assembly, within 15days of the commencement of a sitting of the Legislative Assembly.
2013,c.32,s.10.
11. (1) The Minister shall appoint a person who is bilingual in French and English as a Complaints Officer, who shall perform such functions respecting complaints as are set out in this Act and the regulations and is accountable to the Minister.
11. (2) The Complaints Officer shall be paid such remuneration and reimbursed for such expenses as the Lieutenant Governor in Council may determine.
2013,c.32,s.11.
12. (1) Any person may make a complaint to the Co-ordinator of a government institution alleging that the government institution did not comply with or is not complying with section 3 or 4, if the complaint is made
(a) within 60 days after the date when the alleged non-compliance occurred; or
(b) where the alleged non-compliance is continuing or continues for more than one day, within 60 days after the date when the alleged non-compliance first occurred.
12. (2) A person who wishes to make a complaint under subsection (1)shall
(a) state the complaint and the grounds for the complaint in writing;
(b) sign the complaint; and
(c) serve the complaint on the Co-ordinator.
12. (3) Upon receipt of a complaint made in accordance with subsection (2), a Co-ordinator shall
(a) notify the head of the government institution regarding the complaint;
(b) inquire into the complaint to the extent that the Co-ordinator determines is warranted; and
(c) subject to subsection (4), attempt to resolve the complaint.
12. (4) A Co-ordinator may dismiss a complaint if the Co-ordinator finds that the complaint
(a) is frivolous, vexatious or without foundation; or
(b) was not made within the time limit required under subsection (1).
12. (5) On dismissing a complaint, a Co-ordinator shall notify the head of the government institution of the dismissal and serve on the complainant
(a) written notice of, and reasons for, the dismissal; and
(b) written notice of the complainant’s right to request a review of the dismissal under subsection 13(1).
12. (6) Where a Co-ordinator does not either dismiss or resolve a complaint, the Co-ordinator shall
(a) refer the complaint to the Complaints Officer;
(b) notify the head of the government institution of the referral to the Complaints Officer; and (c) serve on the complainant written notice of the referral to the Complaints Officer.
12. (7) Where a Co-ordinator refers a complaint to the Complaints Officer, the Co-ordinator shall serve on the Complaints Officer a copy of
(a) the complaint; and
(b) any documentation or information collected by the Co-ordinator respecting the complaint.
2013,c.32,s.12.
13. (1) A complainant may, within 15 days after being served with a Request for review of dismissal of notice of the dismissal of his or her complaint by a Co-ordinator under complaint subsection 12(5), serve a request, in writing, for a review of the dismissal of a complaint on the Co-ordinator and the Complaints Officer.
13. (2) Within 15 days after being served with a request for a review of a dismissal of a complaint, a Co-ordinator shall notify the head of the government institution of the request and serve on the Complaints Officer a copy of
(a) the complaint;
(b) any documentation or information collected by the Co-ordinator respecting the complaint; and (c) the notice of, and reasons for, the Co-ordinator’s dismissal of the complaint.
13. (3) Within 15 days after being served with a complaint and related documentation and information by a Co-ordinator under subsection (2), the Complaints Officer shall review the dismissal of the complaint and either confirm the dismissal or overturn the dismissal.
13. (4) On confirming or overturning a dismissal of a complaint under subsection (3), the Complaints Officer shall serve on the complainant and the head of the government institution that is the subject of the complaint written notice of, and reasons for, the decision.
2013,c.32,s.13.
14. (1) Where a complaint is referred to the Complaints Officer under subsection 12(6) or the Complaints Officer overturns a dismissal of a complaint under subsection 13(3), the Complaints Officer shall inquire into the complaint to the extent that the Complaints Officer determines is warranted.
14. (2) The Complaints Officer may
(a) attempt to resolve the complaint; or
(b) dismiss the complaint if the Complaints Officer finds that the complaint
(i) is frivolous, vexatious or without foundation, or
(ii) was not made within the time limit required under subsection 12(1).
14. (3) On dismissing a complaint, the Complaints Officer shall serve on the complainant and the head of the government institution that is the subject of the complaint written notice of, and reasons for, the dismissal.
14. (4) Where the Complaints Officer does not resolve the complaint or dismiss the complaint within 30 days after receiving the referral under subsection 12(6) or overturning a dismissal of a complaint under subsection 13(3), the Complaints Officer shall serve written notice on the following persons respecting the entitlement of such persons to make representations to the Complaints Officer about the complaint:
(a) the complainant;
(b) the head of the government institution that is the subject of the complaint;
(c) any other person the Complaints Officer considers appropriate.
14. (5) The Complaints Officer may determine
(a) whether representations are to be made orally or in writing; and
(b) whether a person is entitled to have access to or respond to representations or to be present when representations are being made.
14. (6) The Complaints Officer may
(a) require the production of and examine any record related to the complaint that is in the custody of the government institution that is the subject of the complaint or a third party that is providing a designated service on behalf of the government institution that is the subject of the complaint; and
(b) enter and inspect any premises related to the complaint that is occupied by the government institution that is the subject of the complaint or a third party that is providing a designated service on behalf of the government institution that is the subject of the complaint.
14. (7) On receiving or hearing representations and completing his or her inquiry into a complaint, the Complaints Officer shall, within a reasonable time,
(a) prepare a written report setting out
(i) the findings of the Complaints Officer with respect to the allegations in the complaint, and
(ii) any recommendations of the Complaints Officer with respect to the allegations in the complaint; and
(b) serve a copy of the report on
(i) the complainant,
(ii) the head of the government institution that is the subject of the complaint, and
(iii) the Minister.
14. (8) The Minister shall include in the annual report that he or she submits to the Legislative Assembly in accordance with subsection 10(4), information respecting complaints made under this Act during the past fiscal year, including the outcome of such complaints and any actions taken by government institutions to address such complaints.
2013,c.32,s.14.
15. (1) Whenever a person is required under this Act or the regulations to serve a notice or documents on another person, the notice or documents shall be served by
(a) personal delivery to the person to be notified or provided with the documents;
(b) facsimile or other electronic means to the person to be notified or provided with the documents; or
(c) ordinary mail addressed to the person to be notified or provided with the documents at the person’s last known address.
15. (2) The service of a notice or documents by facsimile or other electronic means in accordance with subsection (1) is deemed to be effected upon the receipt by the server of an acknowledgement of receipt.
15. (3) The service of a notice or documents by ordinary mail in accordance with subsection (1) is deemed to be effected upon the expiration of seven days after the deposit of the notice or documents in the mail.
2013,c.32,s.15.
16. (1) The Lieutenant Governor in Council may make regulations for the better administration of this Act, including regulations
(a) subject to subsections (2) to (5), designating a service as a designated service;
(b) prescribing government institutions;
(c) respecting measures to be taken to make it known to the public that a designated service of a government institution is provided in a person’s choice of French or English;
(d) respecting participation in public consultations in French;
(e) respecting the Acadian and Francophone Affairs Secretariat;
(f) respecting the advisory committee;
(g) prescribing functions of the Co-ordinators;
(h) respecting the Co-ordinators’ Committee established under subsection 9(2);
(i) respecting the annual plans and annual reports of government institutions;
(j) prescribing functions of the Complaints Officer;
(k) respecting the complaint process;
(l) respecting consultations with the advisory committee under subsection (4);
(m) defining words or expressions used but not defined in this Act;
(n) prescribing any matter referred to in this Act as prescribed by the regulations; and
(o) respecting any other matter that in the opinion of the Lieutenant Governor in Council is necessary to give full effect to the intent and purpose of this Act.
16. (2) A regulation made under clause (1)(a) designating a service as a designated service may limit the scope of the designation with respect to
(a) where, when and the manner in which the service is provided; or
(b) any other consideration or circumstance relating to the provision of the service that the Lieutenant Governor in Council considers appropriate.
16. (3) Before making a regulation under clause (1)(a) designating a service as a designated service, the Lieutenant Governor in Council shall consider
(a) the service priorities of the Acadian and Francophone community, as expressed by the advisory committee, with respect to the services provided by the government institution; and
(b) the service capacity of the government institution to provide the service in French.
16. (4) A regulation that amends or revokes the designation of a service as a designated service may not be made under clause (1)(a) unless the Minister has first consulted with the advisory committee on the substance of the proposed regulation.
16. (5) Following consultation with the advisory committee under subsection (4), the regulation may be made, as proposed or with any changes that the Lieutenant Governor in Council considers advisable, without further consultation.
2013,c.32,s.16.
17. The obligations of government institutions under this Act and the regulations are subject to such limits as circumstances make reasonable and necessary, if all reasonable measures and plans for compliance with this Act and the regulations have been taken or made.
2013,c.32,s.17.
18. The French version and the English version of this Act and any regulations made pursuant to this Act are equally authoritative.
2013,c.32,s.18.
19. The French Language Services Act R.S.P.E.I. 1988, Cap. F-15.1 is repealed.
2013,c.32,s.19.
20. This Act comes into force on a date that may be fixed by proclamation of the Lieutenant Governor in Council.
2013,c.32,s.20.
1. In these regulations,
“Act” means the French Language Services Act R.S.P.E.I. 1988, Cap. F-15.2;
“traffic sign” means a traffic sign as defined in the Highway Traffic Act R.S.P.E.I. 1988, Cap. H-5, but does not include a directional sign for a tourism business under the Highway Signage Act R.S.P.E.I. 1988, Cap. H-4.1. (EC845/13)
2. Each of the following is a government institution for the purposes of the Act and these regulations:
(a) Department of Agriculture and Forestry;
(b) Department of Community Services and Seniors;
(c) Department of Education and Early Childhood Development;
(d) Department of Environment, Labour and Justice;
(e) Department of Finance, Energy and Municipal Affairs;
(f) Department of Fisheries, Aquaculture and Rural Development;
(g) Department of Health and Wellness;
(h) Department of Innovation and Advanced Learning;
(i) Department of Tourism and Culture;
(j) Department of Transportation and Infrastructure Renewal;
(k) Executive Council Office;
(l) Health PEI;
(m) Innovation PEI;
(n) Island Regulatory and Appeals Commission;
(o) Island Waste Management Corporation;
(p) Prince Edward Island Human Rights Commission;
(q) Prince Edward Island Liquor Control Commission;
(r) Prince Edward Island Museum and Heritage Foundation;
(s) Prince Edward Island Public Service Commission;
(t) Workers Compensation Board of Prince Edward Island.
3. (1) Each service that is designated as a designated service of a government institution is described in the second column of the table in the Schedule, adjacent to or under the name of that government institution in the first column of the table in the Schedule.
3. (2) Any limit on the scope of the designation of a service of a government institution as a designated service is described in the third column of the table in the Schedule. (EC845/13)
4. A government institution shall take the following measures to make it known to the public that a designated service of the government institution is provided in a person’s choice of French or English:
(a) where a designated service is provided in person,
(i) oral communication respecting the designated service shall be initiated in both French and English, and
(ii) signs indicating that oral communication respecting the designated service is available in both French and English shall be posted at any location where the designated service is provided;
(b) where a designated service is provided by telephone, oral communication respecting the designated service shall be initiated in both French and English;
(c) where a designated service is provided in writing or electronically, written or electronic materials, as the case may be, respecting the designated service shall be readily available to the public in both French and English;
(d) public notices or other information available to the public about a designated service shall indicate
(i) that the designated service is provided in a person’s choice of French or English, and
(ii) where the scope of the designation of the service as a designated service has been limited, the nature of the limitation.
(EC845/13)
5. For greater certainty, the table in the Schedule to these regulations forms part of these regulations. (EC845/13)
|
Government Institution |
Designated Service |
Scope of Designation |
|
Department of Tourism and Culture |
1. All services offered in person at specified public libraries |
The designation is limited to the following locations: Bibliothèque publique d’Abram-Village, Abram-Village; Bibliothèque publique Dr. J.-Edmond-Arsenault, Charlottetown Bibliothèque publique J.-Henri-Blanchard, Summerside
The designation is limited at each location to the services offered in person at that location. |
|
Department of Transportation and Infrastructure Renewal |
1. Traveller Information Service - 511 |
The designation is limited to the provision of this service by telephone and on the website of the Department of Transportation and Infrastructure Renewal |
|
2. Traffic signs containing written wording, erected or maintained by the Department of Transportation and Infrastructure Renewal |
The designation is limited to such traffic signs replaced or erected after the date on which these regulations come into force.
The designation does not apply to the following types of such traffic signs: stop signs; electronic variable message signs.
The designation does not apply with respect to the following written wording on such traffic signs: proper names; the words “Trans Canada Highway” on Trans Canada Highway route shields |
4. The registering court may require that an application for registration be accompanied by
(a) the judgment of the original court or a certified copy thereof;
(b) a certified translation of the judgment, if given in a language other than the language of the territory of the registering court;
(c) proof of the notice given to the defendant in the original proceedings, unless this appears from the judgment; and
(d) particulars of such other matters as may be required by the rules of the registering court.
[…]
AND WHEREAS the preservation of the cultural, racial, linguistic and religious heritage of a child promotes the healthy development of the child;
2. (2) The best interests of the child means the interests that appear, to the Director, or to a court, to be best for the child under the circumstances, having regard to all relevant considerations, including
[…]
(i) the cultural, racial, linguistic and religious heritage of the child;
15. (2) Among the persons appointed as members of an Advisory Committee shall be
(a) a person who is fluent in French and English; and
(b) a person who is an aboriginal person.
10. (1) Notwithstanding sections 6 and 7, an association
(a) may have the word “Co-opérative” or “Coopérative” as part of its name in place of the word “Co-operative”; or
(b) may have the word “Limitée” or the contraction “Ltd.” or the contraction “Ltée.” as the last word of its name in place of the word “Limited”.
8. (3) Where a transcript of proceedings, or a portion thereof, that has been reported in one of the official languages is requested to be prepared in the other official language by a presiding judge for the purposes of any proceedings before the court, the Chief Court Reporter shall designate a person who, in his or her opinion, is a qualified person to prepare, in the official language required, a transcript in that official language.
Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English. However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.
1. (1) In this Act,
[…]
(i) “eligible parent” means a resident of the province who, under section 23 of the Canadian Charter of Rights and Freedoms, has the right to have his or her child receive French first language instruction in the province;
(j) “English school system” means the administrative system in which English is used as the language of instruction and in which French is taught as a second language or by means of a French immersion program;
[…]
(m) “French first language instruction” means primary and secondary school instruction in French as a first language, but does not include a French immersion program;
(n) “French Language School Board” means the education authority known as La Commission scolaire de langue française or the French Language School Board, continued under section 11;
(o) “French school system” means the administrative system in which French is used as the language of instruction and in which English is taught as a second language;
20. (3) In addition to the responsibilities specified in subsection (2), the French Language School Board may
(a) promote and distribute information about French first language instruction in the province; and
(b) promote French language and culture in connection with its responsibility to deliver the courses of study and education programs approved or authorized pursuant to this Act.
2016,c.6,s.20.
24. A parent may enrol his or her school-aged child in the English school system in accordance with the regulations.
2016,c.6,s.24.
25. An eligible parent may enrol his or her school-aged child in the French school system in accordance with the regulations.
2016,c.6,s.25.
26. (1) Subject to the approval of the French Language School Board, a parent who is not an eligible parent may apply to the French Language School Board, in accordance with the regulations, to enrol his or her school-aged child in the French school system.
26. (2) The Lieutenant Governor in Council may make regulations, in addition to the regulations under section 107, with respect to the French school system and, in particular,
(a) providing for the provision and administration of French first language instruction in the province;
(b) respecting the process by which a parent, other than an eligible parent, may enrol his or her school-aged child in the French school system; and
(c) respecting the determination of demand for French first language instruction in the province.
2016,c.6,s.26.
27. (1) Subject to this Act and the regulations, a student may transfer between the English school system and the French school system.
27. (2) The Lieutenant Governor in Council may make regulations
(a) establishing procedures for the transfer of students between the English school system and the French school system;
(b) respecting the eligibility of a student to be enrolled in a French immersion program; and
(c) respecting the terms or conditions on which a student from the French school system may be enrolled in a French immersion program.
2016,c.6,s.27.
99. (4) The Registrar may refuse to issue a teacher’s license to an applicant on the grounds
[…]
(b) that the applicant is not sufficiently proficient in either English or French to teach in that language, as evaluated in accordance with the requirements set out in the regulations;
100. (7) The Registrar may refuse to issue a temporary permit to an applicant on the grounds
[…]
(b) that the applicant is not sufficiently proficient in either English or French to teach in that language, as evaluated in accordance with the requirements set out in the regulations;
17. (2) The factors to be included in a policy developed by the education authority pursuant to subsection (1) shall include
[…]
(d) in the case of a school in the French school system,
(i) the right of eligible parents to enrol their children in French first language education under section 23 of the Canadian Charter of Rights and Freedoms, and
(ii) the possible effects of the permanent closure of the school with respect to French language and culture in an area of the province.
4. (2) The French Language School Board, in consultation with the Chief Electoral Officer, may develop policies to provide for the manner in which a person may establish that the person meets one of the requirements specified in clause (1)(d).
8. (1) The Chief Electoral Officer shall
[…]
(g) publish notices respecting the nomination and election of trustees in daily and weekly newspapers in the province, in English and French, as the Chief Electoral Officer considers appropriate;
3. (1) To enrol his or her school-aged child in the French school system, an eligible parent shall
(a) apply to the French Language School Board in the form approved by the French Language School Board;
(b) file a declaration, in the form approved by the French Language School Board, establishing that he or she is an eligible parent; and
(c) provide any further information requested by the French Language School Board in support of the declaration.
3. (2) An application under subsection (1) shall include
(a) the following information respecting the child:
[…]
(v) French language proficiency,
3. (3) The French Language School Board may refuse to enrol a school-aged child in the French school system if the parent of the child is not an eligible parent.
(EC531/16)
4. (1) To seek approval to enrol his or her school-aged child in the French school system, a parent who is not an eligible parent shall apply to the French Language School Board in the form approved by the French Language School Board.
4. (2) An application under subsection (1) shall include
(a) the following information respecting the child:
[…]
(v) French language proficiency,
4. (3) The French Language School Board may approve an application submitted in accordance with subsections (1) and (2) if the French Language School Board is satisfied that
(a) French first language instruction is appropriate for the child, considering the child’s needs and academic proficiency; and
(b) enrolment of the child will not interfere with the ability of an eligible parent to enrol his or her child in the French school system. (EC531/16)
7. For the purposes of clauses 99(4)(b) and 100(7)(b) of the Act, an applicant’s language proficiency in English or French may be evaluated
(a) in the case of English language proficiency, through one of the following examinations:
(i) Test of English as a Foreign Language (TOEFL),
(ii) International English Language Testing System Academic (IELTS); and
(b) in the case of French language proficiency, through the Test pour étudiants et stagiares au Canada (TESTCan).
(EC534/16)
3. (3) Where all or any part of the documents submitted to the Minister under subsection (1) are not in the French or English language, the Minister may require a submission of a translation of the documents or any part thereof, verified in a satisfactory manner, before the Minister considers the application.
7. (2) Where all or any part of the documents submitted to the Minister under subsection (1) are not in the French or English language, the Minister may require a submission of a translation of the documents or any part thereof, verified in a satisfactory manner before the documents are filed under subsection (1).
AND WHEREAS it is recognized in Prince Edward Island as a fundamental principle that all persons are equal in dignity and human rights without regard to age, colour, creed, disability, ethnic or national origin, family status, gender expression, gender identity, marital status, political belief, race, religion, sex, sexual orientation, or source of income;
1. (1) In this Act
[…]
· (d) “discrimination” means discrimination in relation to age, colour, creed, disability, ethnic or national origin, family status, gender expression, gender identity, marital status, political belief, race, religion, sex, sexual orientation, or source of income of any individual or class of individuals;
2. (1) No person shall discriminate
(a) against any individual or class of individuals with respect to enjoyment of accommodation, services and facilities to which members of the public have access; or
(b) with respect to the manner in which accommodations, services and facilities, to which members of the public have access, are provided to any individual or class of individuals.
3. (1) No person shall (a) deny to any individual or class of individuals, on a discriminatory basis, occupancy of any commercial unit or self contained dwelling unit or accommodation in a housing unit that is used to provide rental accommodation; or (b) discriminate against any individual or class of individuals with respect to any term or condition of occupancy of any commercial unit or self-contained dwelling unit, or accommodation in a housing unit that is used to provide rental accommodation.
4. No person who offers to sell property or any interest in property shall
(a) refuse an offer to purchase the property or interest made by an individual or class of individuals on a discriminatory basis; or
(b) discriminate against any individual or class of individuals with respect to any term or condition of sale of any property or interest.
5. Where in an instrument transferring an interest in real property a covenant or condition restricts the sale, ownership, occupation, or use of the property on a discriminatory basis, the covenant or condition is void.
6. (1) No person shall refuse to employ or to continue to employ any individual
(a) on a discriminatory basis, including discrimination in any term or condition of employment; or
6. (2) No employment agency shall accept an inquiry in connection with employment from any employer or prospective employee that directly or indirectly expresses any limitation, specification or preference or invites information that is discriminatory and no employment agency shall discriminate against any individual.
6. (3) No person shall use or circulate any form of application for employment or publish any advertisement in connection with employment or prospective employment or make any inquiry in connection with employment that directly or indirectly expresses any limitation, specification or preference or invites information that is discriminatory.
6. (4) This section does not apply to
(a) a refusal, limitation, specification or preference based on a genuine occupational qualification;
(b) employment where disability is a reasonable disqualification;
(c) an exclusively religious or ethnic organization or an agency of such an organization that is not operated for private profit and that is operated primarily to foster the welfare of a religious or ethnic group with respect to persons of the same religion or ethnic origin as the case may be, if age, colour, creed, disability, ethnic or national origin, family status, gender expression, gender identity, marital status, political belief, race, religion, sex, sexual orientation, or source of income is a reasonable occupational qualification.
8. No employees’ organization shall exclude any individual from full membership or expel or suspend any of its members on a discriminatory basis or discriminate against any individual in regard to his employment by an employer.
9. No business, professional or trade association shall exclude any individual from full membership or expel or suspend any of its members on a discriminatory basis.
10. (1) No person or agency carrying out a public function, including fire protection or hospital services, through the use in whole or in part of volunteers, shall exclude, expel or limit any volunteer applicant on a discriminatory basis.
10. (2) This section does not apply to an exclusively religious or ethnic organization that is not operated for private profit and that is operated primarily to foster the welfare of a religious or ethnic group with respect to persons of the same religion or ethnic origin, as the case may be.
12. (1) No person shall publish, display or broadcast, or permit to be published, displayed or broadcasted on lands or premises, or in a newspaper or through a radio or television broadcasting station or by means of any other medium, any notice, sign, symbol, implement or other representation indicating discrimination or an intention to discriminate against any person or class of persons.
13. No person shall discriminate against an individual or a class of individuals in any manner prescribed by this Act because of the age, colour, creed, disability, ethnic or national origin, family status, gender expression, gender identity, marital status, political belief, race, religion, sex, sexual orientation, or source of income of any person with whom the individual or the class of individuals associates.
14. (1) Sections 2 to 13 do not apply
[…]
(b) to display or publication by or on behalf of an organization that
(i) is composed exclusively or primarily of persons having the same political or religious beliefs, nationality, ancestry, or place of origin, and
18. The Commission shall
[…]
(b) develop a program of public information and education in the field of human rights to forward the principle that every person is free and equal in dignity and rights without regard to age, colour, creed, disability, ethnic or national origin, family status, gender expression, gender identity, marital status, political belief, race, religion, sex, sexual orientation, or source of income;
21. (1) If a foreign order or other document is written in a language other than English or French, the order or other document shall be accompanied by a translation of the order or other document into the English or French language.
21. (2) A translation required under subsection (1) shall be authenticated as being accurate by a certificate of the translator.
2002, c.14,s. 21.
2. If the said award or agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent.
1. This Convention, of which the Chinese, English, French, Russian and Spanish texts shall be equally authentic, shall be deposited in the archives of the United Nations.
(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal.
(2) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.
(1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this article and of article 36.
(2) The party relying on an award or applying for its enforcement shall supply the duly authenticated original award or a duly certified copy thereof, and the original arbitration agreement referred to in article 7 or a duly certified copy thereof. If the award or agreement is not made in an official language of this State, the party shall supply a duly certified translation thereof into such language.
DONE at Vienna, this day of eleventh day of April, one thousand nine hundred and eighty, in a single original, of which the Arabic, Chinese, English, French, Russian, Spanish texts are equally authentic.
Done at The Hague, on the _______________ day of _______________ 19_______________, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of The Hague Conference on Private International Law at the date of its Fifteenth Session.
16. Words in an enactment establishing a corporation shall be construed
[…]
(e) in the case of a corporation having a name consisting of an English and a French form or a combined English and French form, to vest in the corporation power to use either the English or French form of its name or both forms and to show on its seal both the English and French forms of its name or to have two seals, one showing the English and the other showing the French form of its name.
5. The following persons are disqualified from serving as jurors:
[…]
(j) persons who are unable to understand the language in which the trial is to be conducted.
1992, c.37, s.5; 1993, c.29, s.4; 1997,c.20,s.3; 2000,c.5,s.3; 2010,c.31,s.3; 2010,c.14,s.3; 2012,c.17,s.2; 2015,c.28,s.3.
10. (1) Notwithstanding section 8, where a trial is to be held in the French language, the sheriff may compile a list of names and addresses of persons who speak the French language in the county in which the sheriff has jurisdiction.
10. (2) For the purpose of compiling the list pursuant to subsection (1), the sheriff may cooperate with any department of the Government of Canada or the Government of Prince Edward Island, person, association, organization or institution that has available the names and addresses of French-speaking persons in the county in which the trial is to be held.
10. (3) The sheriff shall keep a record of persons who indicate on their record juror information returns an ability to speak in the French language.
10. (4) The list compiled pursuant to subsections (1), (2) and (3) may be used as an alternative source for names and addresses of prospective jurors for use when a trial is to be held in the French language.
1992, c.37, s.10.
20. (1) In addition to any challenges that may be made under section 19, a party is entitled to any number of challenges for cause on the following grounds:
[…]
(f) the person is unable to understand, speak or read the language in which the trial is to be conducted.
(Parts A. B. C. D. and E. must be completed)
You have been selected at random for jury service. If you are not disqualified from jury service for any of the reasons given below and are not granted relief from jury service by the sheriff or, failing that, by the court, you must attend at the time and place set out in the attached Juror Summons.
Part D. Possible Juror Disqualification
Do you understand the English language [ ] Yes [ ] No
Do you understand the French language [ ] Yes [ ] No
9. (1) On the filing of a garnishment process that
[…]
(c) is written in or accompanied by a sworn or certified translation into English or French, the Prothonotary shall issue a notice of garnishment to enforce the support or maintenance obligation.
3. (1) In the future actions that affect the economy of the Maritime Provinces, the governments of the Maritime Provinces are to be guided by the following principles:
[…]
(b) protect and enhance the right of all residents of the Maritime Provinces to participate fully in the Maritime economy regardless of language and geographic location and in accordance with the Human Rights Act R.S.P.E.I. 1988, Cap. H-12;
(c) protect and enhance the linguistic rights and cultural identities of the people of the Maritime Provinces;
8. Any resident of the Maritime Provinces has the right to communicate with and to receive service, in English and French, from any institution established specifically in pursuance of the purpose, principles and strategic goals of this Act.
1992, c.45, s.8.
9. (2) No registered member of the clergy, justice or marriage where commissioner shall solemnize a marriage where one or both of the parties do not understand the language in which the marriage ceremony is to be performed unless an interpreter is present to interpret and explain clearly to the party or parties the meaning of the ceremony.
16. (2) Where a document required to be provided to an issuer by an applicant for the purposes of this section is in a language other than English or French, the applicant shall, at the applicant’s expense, provide a certified translation for the use of the issuer.
R.S.P.E.I. 1974, Cap. M-5, s.16; 1993,c.16,s.2; 2016,c.14,s.7.
3.1 (1) In addition to the requirements set out in section 8.1 of the Act, an applicant for a marriage commissioner’s license shall
[…]
(b) be proficient in the English language; and
24. (1) Any person who applies
[…]
(b) for registration in the Medical Register under section 15 or 16;
(c) for registration in the Temporary and Limited Register under section 18;
(d) for registration in the Medical Specialists Register under section 19;
(e) for registration in the Family Practice Register under section 20;
or
(f) for registration in the Medical Education Register under section 22,
shall
[…]
(i) satisfy the Council that he has a reasonable proficiency in written and spoken English or French or both;
32. (2) Where the administrator has reason to believe that the patient has difficulty comprehending the language or form in which the information required by subsection (1) is being conveyed, the administrator shall cause the information to be given to the patient in a language or form the patient understands.
2. Each Contracting Party may introduce the provisions of the Annex into its law either by reproducing the actual text, or by translating it into its official language or languages.
1. The original of the present Convention, in the English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Government of the United States of America, which shall transmit certified copies thereof to each of the signatory and acceding States and to the International Institute for the Unification of Private Law.
3. It may be written in any language, by hand or by any other means.
[...]
AND WHEREAS the Acadian and Francophone communities on Prince Edward Island have a vibrant and integral role in the Island’s history and culture;
AND WHEREAS members of the Acadian and Francophone communities in 2007 requested the development and adoption of French lyrics for the Island Hymn as part of the 250th anniversary of the Deportation of Island Acadians;
AND WHEREAS French-language lyrics for the Island Hymn, known as L’hymne de l’Île and written by Raymond J. Arsenault, were agreed upon by the Acadian and Francophone communities and the provincial government in March 2009;
BE IT ENACTED by the Lieutenant Governor and the Legislative Assembly of the Province of Prince Edward Island as follows:
1. The song known as The Island Hymn with words by Lucy Maud Montgomery, as set out in Part I of the Schedule to this Act, and with music by Lawrence W. Watson is hereby adopted as and shall be the official provincial anthem of Prince Edward Island.
2010,c.41,s.1.
2. The song known as L’hymne de l’Île with words by Raymond J. Arsenault, as set out in Part II of the Schedule to this Act, and with music by Lawrence W. Watson is hereby adopted as and shall be the French-language version of the official provincial anthem of Prince Edward Island.
2010,c.41,s.2.
2.1 (1) Notwithstanding any other provision of this Act, the Lieutenant Governor in Council may appoint a bilingual judge of the provincial court of a province other than Prince Edward Island to preside over proceedings where an accused has requested that the proceedings be conducted in French.
2.1 (2) A judge appointed pursuant to subsection (1)
(a) shall hold office until his or her retirement, resignation or removal from office from the provincial court of that other province;
(a.1) shall not practice law in Prince Edward Island during the term of the appointment;
(b) shall have all the powers, rights, privileges and duties conferred upon a judge pursuant to sections 6 and 11 and clause 12(1)(a);
(c) shall receive the same remuneration as that for a judge appointed under section 2, calculated by reference to a daily rate for each day on which services are provided;
(d) repealed by 2010(2nd),c.24,s.2;
(e) shall be subject to the authority of the Chief Judge in accordance with section 4.
5. Where a judgment sought to be registered under this Act is in a language other than the English language
(a) the judgment or the exemplification or certified copy thereof, as the case may be, shall have attached thereto for all purposes of this Act a translation in the English language approved by the court; and
(b) upon such approval being given the judgment shall be deemed to be in the English language.
R.S.P.E.I. 1974, Cap. R-7, s.5.
12. (2) Subject to section 25, an applicant is eligible to be registered in the register of a regulated health profession and to be issued a certificate of registration if the applicant
[…]
(b) in the opinion of the Council, has reasonable proficiency in written and spoken English;
4. (2) Subject to section 5, an applicant is entitled to be registered in Part A of the pharmacist register if the Registrar is satisfied that the applicant has
[…]
(k) either
(i) provided evidence satisfactory to the Registrar that the applicant has reasonable proficiency in written and spoken English, or
(ii) met the English proficiency requirements set out in the Language Proficiency Requirements for Licensure as a Pharmacist in Canada, published by NAPRA in 2006, as amended from time to time; and
4. (3) An applicant is entitled to be registered in Part B of the pharmacists register if the Registrar is satisfied that the applicant has:
[…]
(i) either
(i) provided evidence satisfactory to the Registrar that the applicant has reasonable proficiency in written and spoken English, or
(ii) met the English proficiency requirements set out in the Language Proficiency Requirements for Licensure as a Pharmacist in Canada, published by NAPRA in 2006, as amended from time to time; and
10. (3) An applicant is entitled to be registered in the pharmacy interns register if the Registrar is satisfied that the applicant has:
[…]
(g) either
(i) provided evidence satisfactory to the Registrar that the applicant has reasonable proficiency in written and spoken English, or
(ii) met the English proficiency requirements set out in the Language Proficiency Requirements for Licensure as a Pharmacist in Canada, published by NAPRA in 2006, as amended from time to time; and
13. (3) An applicant is entitled to be registered in the pharmacy technicians register if the Registrar is satisfied that the applicant has:
[…]
(j) either
(i) provided evidence satisfactory to the Registrar that the applicant has reasonable proficiency in written and spoken English, or
(ii) met the English proficiency requirements set out in the Language Proficiency Requirements for Licensure as a Pharmacist in Canada, published by NAPRA in 2006, as amended from time to time; and
5. (1) There is established a Social Assistance Appeal Board composed of not less than seven and not more than nine members with some relevant experience in human services, appointed by the Lieutenant Governor in Council as follows:
[…]
(c) at least one member shall be fluent in French and English.
5. (3) The information required to be displayed on a sign posted in accordance with these regulations may also be displayed on the sign in such additional language as is preferred by the owner or employer who posts the sign or causes it to be posted.
(EC279/03; 489/15)
14. (6) The information set out in a directional sign for a tourism business may be displayed in such language as is preferred by the tourism business.
(EC298/03; 44/13)
4. An applicant may make an oral request for access to a record if
(a) the applicant’s ability to read or write English or French is limited; or
9. (2) Where the first language of an applicant for registration is other than English, the applicant
(a) shall take such a test, as may be required by the Board, of English as a second language, if the Board determines that the test is necessary to ensure that the applicant has adequate communication skills; and
(b) shall obtain a score on the test that meets the requirements set by the Board.
(EC622/02)
23. (1) In the case of canned fish, every can of fish or the wrapper or label thereon shall be correctly and legibly marked in English or French, in addition to any other language, to indicate
[…]
24. (1) In the case of fish, other than canned fish, every container or the label thereon shall be correctly and legibly marked in English or French, in addition to any other language, to indicate
[…]
7. Where the first language of an applicant for registration is a language other than English, the applicant shall, before he or she may be registered, pass one or more English language proficiency tests, as required by the Council, with the minimum score determined by the Council. (EC93/06)
3.4 The curriculum must describe the teaching and learning process. Learning must take place in a broad context that is sensitive to linguistic, ethnic, spiritual, cultural and social diversity.
14. (1) A licensee shall display a poster in English at each of the offices authorized by the licence and shall ensure that the poster is visible to borrowers immediately upon entering the office and that it complies with this section.