Court remedy

Additional Information

When do I apply for a court remedy?

As an ombudsman, the Commissioner of Official Languages of Canada is responsible for ensuring that federal institutions respect your language rights. In some cases, however, the Commissioner’s investigation may not produce the desired results, or the institution may not follow up on the Commissioner’s recommendations. If so, one option that may be available to you under the Official Languages Act is to take your case to court. This option is called a “court remedy.”

What is a court remedy?

The court remedy is defined in Part X of the Official Languages Act. It allows you to initiate legal proceedings against the federal institution that was the subject of your complaint. If the Federal Court concludes that the federal institution failed to comply with the Official Languages Act, it can order that corrective measures be taken.

Who can apply for a court remedy?

All members of the public, including federal public service employees, may apply for a court remedy if they have filed a complaint with the Commissioner of Official Languages of Canada.

As stipulated in Part X of the Official Languages Act, the Commissioner of Official Languages of Canada may intervene in the proceedings (with the Court’s permission), apply to the Court himself (with your permission) or appear before the Court on your behalf.

What is the time frame for applying for a court remedy?

Part X of the Official Languages Act states that the court remedy must be applied for either

  • within 60 days of your being informed of the following:
    • the Commissioner’s decision to refuse to investigate your complaint;
    • the Commissioner’s decision to cease to investigate your complaint;
    • the results of the Commissioner’s investigation of your complaint;
    • the results of a follow-up to the Commissioner’s investigation of your complaint;

or

  • at least six months after a complaint is filed, if you have not been informed of the results of the investigation or of the Commissioner’s decision to refuse or cease to investigate your complaint.

In what situations can I apply to the Court for a remedy?

You can apply for a court remedy if you have filed a complaint with the Commissioner of Official Languages of Canada concerning a right or duty under the following sections of the Official Languages Act:

Note: Seeking a court remedy under the Official Languages Act does not prohibit you from pursuing other legal recourse.

How do I apply for a court remedy?

Applying for a court remedy involves drafting several complex legal documents (including a notice of application, affidavits and a memorandum of fact and law). It is therefore advisable to hire a lawyer if you decide to go to court; however, it is not necessary to do so. For information on the procedures to follow when applying for a remedy, please contact the office of the registry of the Federal Court.

What costs are involved in a court remedy?

It is difficult to predict how much it will cost to seek a court remedy. Generally speaking, however, you should anticipate having to pay for the following:

  • A filing fee payable to the Federal Court
  • Lawyer’s fees
  • Costs related to the production of documents
  • Legal costs and expenses of the other party, to be paid at the Court’s discretion, if you lose your case

Note: If the Federal Court is of the opinion that your case has raised an important new principle in relation to the interpretation of the Official Languages Act, it may award costs to you even if your application is dismissed.

Date modified:
2022-11-04