Page 13 - 《客語及少數族群語言政策》附錄_少數語言法律

prohibited by the first paragraph may exercise a remedy before the Administrative Labour Tribunal. The provisions
applicable to a remedy relating to the exercise by an employee of a right arising out of the Labour Code (chapter C-
27) apply, with the necessary modifications.

A staff member subject to a collective agreement who believes he has been so aggrieved may submit the grievance
for arbitration if the association representing the staff member fails to do so. Section 17 of the Labour Code applies
to the arbitration of the grievance, with the necessary modifications.
1977, c. 5, s. 45; 1997, c. 24, s. 2; 2000, c. 57, s. 7; 2001, c. 26, s. 83; 2015, c. 15, s. 237; I.N. 2016-12-01.

46. An employer is prohibited from making the obtaining of an employment or office dependent upon the
knowledge or a specific level of knowledge of a language other than the official language, unless the nature of the
duties requires such knowledge.

A person, whether or not in an employment relationship with the employer, who believes he has been aggrieved by
a contravention of the first paragraph and who is not subject to a collective agreement may exercise a remedy before
the Administrative Labour Tribunal. The provisions applicable to a remedy relating to the exercise by an employee
of a right arising out of the Code apply, with the necessary modifications.

A person who is subject to a collective agreement and who believes he has been so aggrieved may submit the
grievance for arbitration if the association representing the person fails to do so.

The remedy is brought before the Tribunal within 30 days after the date on which the employer informed the
complainant of the linguistic requirements of the employment or position or, failing that, from the last act of the
employer which was invoked to support the allegation of contravention of the first paragraph of this section.

It is incumbent upon the employer to prove to the Tribunal or the arbitrator that the performance of the work requires
knowledge or a specific level of knowledge of a language other than French.

If the Tribunal or the arbitrator finds the complaint to be justified, the Tribunal or the arbitrator may issue any order
the Tribunal or the arbitrator considers fair and reasonable in the circumstances, in particular an order to cease the
act complained of, to perform an act, such as the renewal of the staffing process for the employment or position, or
to pay compensation or punitive damages to the complainant.
1977, c. 5, s. 46; 2000, c. 57, s. 8; 2001, c. 26, s. 84; 2015, c. 15, s. 237.

47. A person who believes he has been aggrieved by a contravention of the first paragraph of section 46 may,
before exercising the remedy provided for in that section, apply in writing to the Office québécois de la langue
française for the matter to be submitted to a mediator to allow an exchange of views between the person and the
employer and to foster a speedy resolution of the matter by way of a written agreement.

The parties are required to take part in all meetings to which they are called by the mediator; the mediator and
the parties may use telephone or other communications equipment by which they may hear one another. The
complainant may be represented by the complainant’s association of employees.

Mediation may not extend beyond 30 days after the date it was applied for. Mediation may be terminated before
that time if, in the mediator’s opinion, his intervention is not expedient or desirable in view of the circumstances.
The mediator shall notify the parties in writing.

The time for bringing the matter before the Administrative Labour Tribunal or an arbitrator is suspended during
mediation. The time begins to run again on receipt by the complainant of a notice terminating the mediation or
not later than 30 days after mediation is applied for.
1977, c. 5, s. 47; 1977, c. 41, s. 1; 2000, c. 57, s. 9; 2002, c. 28, s. 34; 2001, c. 26, s. 85; 2015, c. 15, s. 237.

47.1. Unless the parties consent thereto, nothing that is said or written in the course of mediation may be admitted
as evidence before a court of justice or before a person or body of the administrative branch exercising
adjudicative functions.

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