RESOLUTION NO. __________

TITLE: HAWAI‘I OFFICIAL LANGUAGES ACT

REQUESTING AN ACT OF THE LEGISLATURE TO PROMOTE THE USE OF THE HAWAIIAN LANGUAGE FOR OFFICIAL PURPOSES IN THE STATE; TO PROVIDE FOR THE USE OF BOTH OFFICIAL LANGUAGES OF THE STATE IN LEGISLATIVE PROCEEDINGS, IN ACTS OF THE LEGISLATURE, IN THE ADMINISTRATION OF

JUSTICE, IN COMMUNICATING WITH OR PROVIDING SERVICES TO THE PUBLIC AND IN CARRYING OUT THE WORK OF PUBLIC BODIES; TO SET OUT THE

DUTIES OF SUCH BODIES WITH RESPECT TO THE OFFICIAL LANGUAGES OF THE STATE; AND FOR THOSE PURPOSES, TO PROVIDE FOR THE

ESTABLISHMENT OF AN OFFICE OF THE COMMISSIONER OF OFFICIAL LANGUAGES AND TO DEFINE ITS FUNCTIONS; TO PROVIDE FOR THE

PUBLICATION BY THE COMMISSIONER OF CERTAIN INFORMATION RELEVANT TO THE PURPOSES OF THIS ACT; AND TO PROVIDE FOR RELATED MATTERS.

WHEREAS, along with Hawai‘i, the list of officially multilingual countries and U.S. jurisdictions now numbers no fewer than 44, including Abkhazia, American Samoa, Aotearoa (New Zealand), Belgium, Bolivia, Burundi, Cameroon, Canada, Chad, China (Hong Kong & Macau), Czech Republic, Djibouti, Ecuador, Finland, Guam, both cities of Hialeah & Miami (Florida) and San Francisco (California), India, Israel, Iraq, Ireland, Italy, Kazakhstan, Kenya, Kyrgyszstan, Luxembourg, Malta, Netherlands, Northern Mariana Islands, Norway, Pakistan, Peru, Philippines, Portugal, Puerto Rico, Seychelles, Singapore, Slovenia, Somalia, Spain, Sri Lanka, Sweden, Switzerland, and the United Kingdom (http://en.wikipedia.org/wiki/List_of_multilingual_countries_and_regions and http://en.wikipedia.org/wiki/Sami_languages , see Appendix 1, p. 4); and

WHEREAS, several other governments provide bilingual services by right for indigenous minorities, including Australia, England (Wales) and Mexico (http://www.anu.edu.au/linguistics/nash/aust/policy.html , http://en.wikipedia.org/wiki/Welsh_Language_Act_1993 , and

http://www.diputados.gob.mx/LeyesBiblio/pdf/257.pdf , see Appendix 2, p. 20); and

WHEREAS, the U.S. Public Law 103-150 (1993 Apology Bill) resolved by the Senate and House of Representatives “recognizes and commends efforts of reconciliation initiated by the State of Hawai‘i….(and) supports reconciliation efforts between the United States and the Native Hawaiian people” (http://en.wikisource.org/wiki/Public_Law_103-150 , see Appendix 3, p. 34); and

. WHEREAS, the state of Hawai‘i generally treats Hawaiian language education as if it were enrichment, foreign language education, and because of this perspective, Hawaiian speaking children are yet seen as having no right to education in Hawaiian; and fluency in Hawaiian is not a minimum qualification for employment in Kula Kaiapuni Hawai‘i, and testing of students in Kula Kaiapuni Hawai‘i through Hawaiian has not been provided in spite of federal government recognition that national standardized tests as used in Hawai‘i

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are biased against minority children even when such children are educated through English in that such tests do not have a distinct minority culture focus; as a result, there is presently no guarantee that Hawaiian speaking children may choose Hawaiian medium education and receive transportation to their schools (http://www.ahapunanaleo.org/eng/resources/resources_nestmovement.html , see Appendix 4, p. 39); and

WHEREAS, some Hawaiian children are leaving Hawaiian immersion programs for fear of being inadequately prepared for getting accepted into the colleges and universities of their choice; and

WHEREAS, 40 years after the adoption of their Official Languages Act, Canada has grown from a country where English predominates to a country proud of its two official languages, and support for bilingualism among Canadians is at an all time high (http://www.officiallanguages.gc.ca/html/anniversary_anniversaire_e.php and http://images.google.com/imgres?imgurl=http://www.tbs-sct.gc.ca/reports-rapports/cp-rc/2006-2007/ann/images/LinguisticDuality-eng.gif&imgrefurl=http://www.tbs-sct.gc.ca/reports-rapports/cp-rc/2006-2007/ann/ann12-eng.asp&usg=__Z1ajcvMVcio-MaN6f6CVC3e761I=&h=514&w=500&sz=17&hl=en&start=1&um=1&tbnid=-bCCBcslFhenhM:&tbnh=131&tbnw=127&prev=/images%3Fq%3Dproportion%2Bof%2BCanadians%2Bsupporting%2Blinguistic%2Bduality%26hl%3Den%26client%3Dfirefox-a%26channel%3Ds%26rls%3Dorg.mozilla:en-US:official

%26sa%3DN%26um%3D1 , see Appendix 5, p. 43); and

WHEREAS, the Hawai‘i Official Language Act 1) establishes the equality of status and equal rights and privileges as to the use of official languages in all institutions of the legislature and government of the state, 2) establishes full and equal access to the legislature and legislative proceedings, to the laws of the state and to courts established by government in both official languages, 3) guarantees the right of any member of the public to communicate with, and to receive available services from, any institution of the legislature or government in either official language, 4) guarantees officers and employees of government institutions and public bodies equal opportunities to use the official language of their choice while working together in pursuing the goals of those institutions and public bodies, 5) guarantees English-speaking residents of Hawai‘i and Hawaiian-speaking residents of Hawai‘i, without regard to their ethnic origin or first language learned, equal opportunities to obtain employment in the institutions of government, 6) establishes the State Legislature is committed to achieving, with due regard to the principle of selection of personnel according to merit, full participation of English-speaking and Hawaiian-speaking residents of Hawai‘i in its institutions, 7) establishes the State Legislature is committed to enhancing the vitality and supporting the development of English and Hawaiian linguistic minority communities as part of the two official language communities of the State, and to fostering full recognition and use of Hawaiian and English in the Hawaiian Islands, 8) estalishes the State Legislature is committed to cooperating with County and Municipal governments and their institutions and public bodies to support the development of Hawaiian and English linguistic minority communities, to provide services in both Hawaiian and English languages, to respect the constitutional guarantees of minority language educational rights and to enhance opportunities for all to learn both Hawaiian and English languages, 9) establishes the State Legislature is committed to enhancing the bilingual character of the State Capital District and to encouraging the business community, labor orgnaizations and voluntary organizations in the State to foster the recognition and use of Hawaiian and English languages, and 10) establishes the State Legislature recognizes the importance of preserving and enhancing the

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use of languages other than Hawaiian and English while strengthing the status and use of the official languages (http://laws.justice.gc.ca/en/ShowFullDoc/cs/O-3.01//20090812/en and http://www.achtanna.ie/en.act.2003.0032.1.html adapted, see Appendix 6, p. 47); and

WHEREAS, Article 15 of the Hawai‘i State Constitution declares Hawaiian to be an official language “except that Hawaiian shall be required for public acts and transactions only as provided by law” (http://hawaii.gov/lrb/con/conart15.html , see Appendix 7, p. 128); and

WHEREAS, nearly 2,000 residents of Hawai‘i (including 3 public office holders and candidates at State, Municipal and Office of Hawaiian Affairs judicatories) have joined Hawai‘i Bilingual, whose positions are 1) Hawai‘i citizens shal by right receive public services in the official language of their choice, as in Canada, 2) All public service communications shall be published in Hawaiian, in addition to English, and 3) the Hawai‘i State Board of Education and the University of Hawai‘i shall adopt universal Hawaiian language proficiency graduation standards (http://apps.facebook.com/causes/124832/13574130?m=387a50ea

and http://www.maoliworld.com/group/h2ohawaiibilingual , see Appendix 8, p. 130);

NOW, THEREFORE, BE IT RESOLVED by the Association of Hawaiian Civic Clubs in Convention at Makena, Maui this 7th day of November 2009, that the State Legislature immediately adopt a Hawai‘i Official Languages Act similar to those adopted in Canada and Ireland.

BE IT FURTHER RESOLVED, that the Hawai‘i State Legislature 1) ensure respect for English and Hawaiian as the official languages of the State and ensure equality of status and equal rights and privileges as to their use in all governmental institutions, in particular with respect to their use in the Legislative proceedings, in legislative and other instruments, in the administration of justice, in communicating with or providing services to the public and in carrying out the work of State, County and municipal institutions, 2) support the development of Hawaiian and English linguistic minority communities and generally advance the equality of status and use of the Hawaiian and English languages within the Hawaiian Islands, 3) set out the powers, duties and functions of governmental institutions and publc bodies with respect to the official languages of the State, including the establishment of an Office of the Commissioner of Official Languages (and to define its functions), as well as 4) provide for the publication by the Commissioner of Official Languages of certain information relevant to the purposes of this Act and related matters.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to the Governor of Hawai‘i, State Senate President, State Speaker of the House, State SenateCommittee on Hawaiian Affairs, State House Committee on Hawaiian Affairs, Office of Hawaiian Affairs Chair of the Board of Trustees, Mayor of Honolulu and all County Mayors, and the Chairs of the Boards of Trustees of the Ali‘i Trusts.

INTRODUCED BY: Hawaiian Civic Club of WaimanaloREFERRED TO: ________________________ACTION: ______________________________

Appendix 1 (A & B)

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A. List of multilingual countries and regions

From Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/List_of_multilingual_countries_and_regions

Jump to: navigation, searchMain article: Multilingualism

Countries that are officially or unofficially multilingual      Multiple official languages      Single official language, functionally multilingual      No official language, functionally multilingual

This is an incomplete list of areas with either multilingualism at the community level or at the personal level.

There is a distinction between social and personal bilingualism. Many countries, such as Belgium, which are officially multilingual, may have many monolinguals in their population. Officially monolingual countries, on the other hand, such as France, can have sizable multilingual populations.

Africa

Central Africa

Cameroon  : English & French (official) + Cameroonian Pidgin, Basaa, Bikya, Bung, Fula, Kanuri, Ngumba, Yeni, Bamum

Central African Republic  : French (official) + Sango Chad  : Arabic & French (official) + more than 100 tribal languages Democratic Republic of the Congo  : French (official), + Lingala, Kongo, Swahili &

Tshiluba (national languages) + 238 other languages Equatorial Guinea  : Spanish + French + Portuguese Republic of the Congo  : French (official) + Lingala & Kituba national languages +

other dialects, including Kikongo and Kituba (Kikongo creole)

East Africa

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Burundi  : French & Kirundi (official) + Swahili Kenya  : English & Swahili (official) + other indigenous languages Rwanda  : English, French & Kinyarwanda (official languages) Seychelles  : English, French & Seychellois Creole (official languages) Tanzania  : Swahili (national) + English, Gujarati & Portuguese Uganda  : English (official) + Arabic, Luganda, Swahili + other Bantu languages &

other Nilo-Saharan languages

Horn of Africa

Djibouti  : Arabic & French (official) + Somali & Afar Eritrea  : no official language with two dominant language families: Semitic (Arabic,

Tigrinya, Tigre and Dahlik) and Cushitic (Afar, Beja, Blin & Saho) + Kunama & Nara + English, Amharic & Italian

Ethiopia : Amharic (official) Somalia  : Somali & Arabic (official)

North Africa

Algeria : Arabic (official) + Tamazight languages (a national language) + French Egypt : Arabic (official) + Egyptian Arabic, English & French Libya : Arabic (official) + Tamazight, Tamahaq + Italian & English Mauritania : Arabic (de facto) + Hassaniya & French Morocco : Arabic + French, Amazigh & Moroccan Arabic

o Western Sahara : Hassaniya, Moroccan Arabic, Spanisho Sahrawi Arab Democratic Republic : Arabic + Spanish

Sudan : Arabic & English + indigenous languages Tunisia : Modern Standard Arabic (official) + Tunisian Arabic, French & several

Tamazight languages

Southern Africa

Botswana  : English (official) + Setswana (national) Comores  : Arabic, Comorian, French Lesotho  : English + Sesotho Madagascar  : French + Malagasy Malawi  : Chichewa (national) + English (official) Mauritius  : English (official) + French (administrative), Mauritian Creole (lingua

franca), Hindi, Hakka, Bojpoori, Tamil, Urdu, Marathi, Namibia  : English (official) + Ovambo (half of the population), Afrikaans & German

(former official languages), Portuguese (Angolan immigrants, both of African & European-descent)

South Africa  : Afrikaans, English, Ndebele, Sepedi, Sesotho, Setswana, Swati, Tsonga, Venda, Xhosa, Zulu.

Swaziland  : English + Siswati Zimbabwe  : English (official), Shona, Ndebele

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West Africa

Benin : French (official) + many indigenous languages including Fon & Songhay Burkina Faso : French (official) + indigenous Sudanic languages Cape Verde : Portuguese + Cape Verdean Creole Côte d'Ivoire : French (official) + 60 indigenous dialects Gambia : English (official) + Mandinka, Wolof, Fula & others Ghana : English (official) + Akan, Dagaare/Wale, Dagbane, Dangme, Ewe, Ga,

Gonja, Kasem & Nzema + 70 others Guinea : French (official) + Arabic, Fula & Susu Guinea-Bissau : Portuguese (official) + Kriol + indigenous languages Liberia : English (official) + 20 ethnic group languages Togo  : French (official) + Ewe, Mina & le Kabiyé

Americas

Bolivia is officially multilingual, supporting Spanish and 36 native languages[1]. Canada is officially bilingual under the Official Languages Act and the Constitution

of Canada that require the federal government to deliver services in both official languages. As well, minority language rights are guaranteed where numbers warrant. 59.3% of the population speak English as their first language while 22.9% are native speakers of French. The remaining population belong to some of Canada's many immigrant populations or to the indigenous population. See Bilingualism in Canada

The Canadian province of New Brunswick, with a large Acadian population (35% French-speaking), is the only province in Canada with two official languages.

The Canadian province of Quebec, (7.9% English-speaking) Note: Although there is a relatively sizable English-speaking population in Quebec, French is the only official language. At the same time, most government services are available in English and French.

There are also significant French language minorities in the provinces of Manitoba, Nova Scotia, Ontario and Prince Edward Island. Though these provinces are not officially bilingual they do provide a number of services in French.

Nunavut is a Canadian territory with a population that is 85% Inuit. Its official languages are the Inuit dialects of Inuktitut and Inuinnaqtun as well as English and French.

In many of Canada's First Nations' communities in the more isolated regions, aboriginal languages are retained. English and French are accepted in the community at the community elders' discretion.

In the 2006 Canadian census, information and questions are available in sixty-two languages, including eighteen First Nation languages.

Ecuador defines Spanish as its official language, but Spanish, Quechua and Shuar - as official languages of intercultural relations in the Article 2 of the 2008 Constitution[2].

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In Guatemala, the official language is Spanish, however, there are 23 distinct Mayan languages. Not all Guatemalans speak Spanish, while some may do so only as a second or third language.

In Mexico, the government recognizes 62 indigenous languages, including Nahuatl spoken by more than 1.5 million people and Aquacatec spoken by 27 people, along with Spanish. There is no official language at the federal level, although Spanish is the de facto state language.

In the Netherlands Antilles and Aruba, where Dutch is the official language, but most inhabitants of Curaçao, Aruba and Bonaire are multilingual and speak Papiamento, Dutch and sometimes English and Spanish. Most inhabitants are fluent in all four.

Paraguay , 48% of its population is bilingual in Guaraní and Spanish, of whom 37% speak only Guaraní and 8% only Spanish but the latter increases with the use of Jopará.

Peru 's official languages are Spanish and, in the zones where they are predominant, Quechua, Aymara, and other aboriginal languages.

In the USA, at the federal level, there is no official language, although there have been efforts to make English the official language.

The US state of Louisiana is unofficially bilingual (de facto) in English and French.

The US state of Hawaii is officially bilingual in English and Hawaiian. Three US territories are also bilingual: American Samoa (Samoan and

English), Guam (English and Chamorro), and Puerto Rico (Spanish and English). One US territory is trilingual: Northern Marianas Islands (English, Chamorro, and Carolinian)

In Florida, at the municipal level, Hialeah recognizes both English and Spanish while Miami recognizes English, French Creole, and Spanish as official government languages.

Asia

In Iraq, Arabic is the official language of the state, Kurdish is the official language of the north where 4 million native speakers live. Other languages also exist among Christian communities north of and around Baghdad, such as Aramaic.

In Lebanon, Arabic is the official language, French, Armenian and English are spoken alongside Arabic. Many Lebanese are fluent in all four.

In China, Putonghua is the official language and is spoken in all regions. It is used for official and formal purposes, by the media and in education as the language of instruction. However in every locality and region, local dialects of spoken variants of

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Chinese are spoken in daily life. These dialects range from being quite similar to Putonghua, such as Tianjin dialect, to varieties that are mutually unintelligible with Putonghua such as Shanghai dialect (Wu) or Guangzhou dialect (Cantonese). In the autonomous regions, minority languages are used (such as Tibetan in Tibet or Mongolian in Inner Mongolia).

In Hong Kong, both English and Chinese are official languages. While Cantonese is the dominant Chinese language, Putonghua is gradually having more speakers in recent years. Although these three languages are taught in schools and are mandatory subjects, most people only speak Cantonese; relatively few people are fully bilingual in Cantonese and English or Putonghua.

In Macau, both Chinese and Portuguese are official languages. While Cantonese is the dominant Chinese language, Putonghua is also spoken. Chinese is taught in all schools, while Portuguese is mainly taught in government schools. In addition, English is also taught in many schools.

India . There are 23 official languages in India (Including Hindi and English). The largest, Hindi, is spoken natively by 50% of the population and is largely understood by educated Indians. English is also widely used, although mainly in urban parts of the country. An Indian with a high-school education would generally be trilingual - speaking his or her own native language, in addition to Hindi and English, with varying fluency, both the languages being compulsorily (in select states) taught in most schools and colleges. French is one of the official languages in the territory of Puducherry. For more information, see Languages of India, List of national languages of India.

Pakistan . There are two official languages (English and Urdu) and many regional languages and dialects (the latter are often unintelligible from other dialects of the "same language"). As in India, most Pakistanis are trilingual, being perfectly fluent in both English and Urdu as well as their own regional language. At the same time due to a higher level of integration and interaction between the various communities than in India, many Pakistanis have at least some understanding of one or more other regional language, for example many Punjabis and Pakhtuns are able to understand each others languages due to interaction, the same is true of Balochis and Sindhis.

In the South-western Iranian province of Khuzestan, most people speak native Khuzestani Persian, Khuzestani Arabic & Standard Persian, sometimes in addition to their own community languages such as Lur, Qashqa'i, Domari, Armenian or Mandaic where applicable .

Many people in Indonesia are bilingual at an early age. They speak a local native language with their families whereas the official Indonesian language is used to communicate with people from other regions and is taught in schools as a compulsory subject. Indonesia has over two hundred native languages.

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In Israel, Hebrew and Arabic both have official status. The Jewish population largely speaks Hebrew, though many Jewish immigrants to Israel (especially from Europe) have a different mother tongue, such as Arabic, Amharic, Yiddish, Ladino, Russian, Romanian, Polish, Ukrainian, English, or French. The Arab population of Israel speaks Arabic, which is also the language of instruction in Arab Israeli schools. Functionally, almost all Arabs in Israel also speak Hebrew. English is widely spoken and understood as a second language by both Jews and Arabs. Officially, road signs must be in Hebrew, Arabic, and a romanized Hebrew transliteration.

Many Koreans living in Japan speak both Korean and Japanese.

Everyone in Malaysia is at least bilingual while Malaysians of Chinese and Indian descent mostly trilingual or even multilingual. Malay, the official language of the country, is a compulsory subject learnt in all public schools, and English is the language of instruction for Science and Maths. Tamil and several Chinese dialects are spoken by respective communities. The indigenous peoples of Sabah and Sarawak speak their ancestral languages (Dayak etc). Multilingualism is common in Malaysia, most notably among the Chinese and Indian communities.

Philippines : Filipino and English are official languages in the constitution. Some people in native Tagalog areas are bilingual, while in non-Tagalog speaking areas it is common to be multilingual in the native and/or regional language/s, Filipino and English.

Singapore : English, Mandarin Chinese, Malay and Tamil are all official languages. As English links the different races, a group with diverse races communicate using English. In addition to English, individuals speak their ethnic language, a dialect (especially for Chinese elders), and usually have some proficiency with a third language from one of the four, or commonly Japanese, French or German.

Sri Lanka . Sinhala and Tamil are official languages.

Taiwan : Mandarin Chinese is the "official" language, but Taiwanese is commonly used in most people (especially adults and elders). In the Hakka community, some people are trilingual in Hakka, Mandarin and Taiwanese. Some 10 Aboriginal languages are also spoken in the mountain and eastern portion of the island.

Tajikistan : Tajik and Russian are widely spoken.

Kazakhstan : Kazakh and Russian both have official status—Kazakh as the "state" language and Russian as the "official" language of commerce.

Kyrgyzstan : Kyrgyz and Russian both have official status.

In Uzbekistan, Uzbek, Tajik, and Russian are all widely spoken.

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Europe

see also European Charter for Regional or Minority Languages Belgium has three official languages: Dutch (59%) in the North, French (31%) in the

South and a small minority speaks German. Its bilingual capital, Brussels (10%), is mainly French. In Flanders, 59% and 53% of the Flemings know French or English respectively, in Wallonia only 19% and 17% know Dutch or English. In each region, Belgium's third official language, German, is notably less known than Dutch, French or English..[3] Wallonia recognises all of its vernacular dialect groups as regional languages, Flanders doesn't.

In the Czech Republic, several municipalities of Zaolzie area have official bilingualism (Czech and Polish). Bilingual signs are permitted if a minority constitutes at least a 10% of the population of the municipality.

Estonia has one official language, Estonian, but also sizaeable Russian-speaking community (30% in 2000). Russian can be used in communication with local government where it's native to most population (Article 52 of the Constitution). Most Estonians can speak Russian.[4]

Finland has two official languages, Finnish and Swedish. Swedish is spoken by a minority, about 5.5% native speakers concentrated along the coast and on the Åland Islands.

Gibraltar is a British overseas territory whose sole official language is English. However, most of the population is also fluent in Spanish due to it sharing its only land border with Spain. Gibraltarians also use Llanito as their local vernacular.

Ireland , where three languages have some form of official status. Irish (one of the Goidelic languages) is the first official language while English is the second. Approximately 1.7 million Irish citizens are either fluent or semi-fluent in Irish[citation

needed], making it the most commonly spoken Goidelic language and the second most spoken Celtic language after Welsh[citation needed]. However English is far more commonly used as around 3% speak Irish as their first language, about half of them living in Gaeltacht regions where Irish is the everyday language.

Italy . The official language overall is Italian, while bilingualism is applied in some territories. In the province of Bolzano-Bozen German is co-official. In the Aosta Valley region French is co-official, as is Slovene in some municipalities of the provinces of Trieste and Gorizia. Ladin municipalities of Bolzano-Bozen are trilingual (Italian, Ladin, and German). Italian law n. 482/1999 enforce bilingualism also in Sardinia (with Sardu), Friuli (with Friulian), Western Alps in Piedmont (with Occitan) and other linguistic minorities.

Latvia has one official language, Latvian, but also a sizeable Russian-speaking minority (37% in 2000. Russian is spoken by most population.

[5]

Luxembourg is a rare example of a truly trilingual society, in that it not only has three official languages, Luxembourgish, French and German, but has a trilingual education system. For the first four years, Luxembourgish is the medium of instruction, before giving way to German, which in turn gives way to French. (In

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addition, children learn English and another European language, usually Spanish or Italian.) Similarly in the country's parliament, debates are conducted in Luxembourgish, draft legislation is drafted in German, while the statute laws are in French.

Malta has two official languages, Maltese and English. Italian is also spoken by a large percentage of the population.

Netherlands has two official languages, Dutch which is the primary language and Frisian which is recognized as a minority language and spoken by between 300.000-700.000 people, mostly in de province of Friesland (Fryslân), where it is the official first language, though a large majority of the population uses Dutch instead.

Poland — 20 Bilingual communes in Poland (mostly Polish-German) Portugal - although Portuguese is practically universal, the Mirandese language, a

related Leonese language is spoken in Miranda do Douro, in northeastern Portugal, is officially recognized (see: Languages of Portugal)

In Romania, the official language is Romanian but significant minority languages are recognized on the local level. The biggest ethnic minority is the Hungarian community of 1.4 million (6.6%).

ex-Soviet republics and Warsaw Pact countries: many people fluently speak Russian, especially in Slavic countries within the area of the former USSR (typically in Belarus and Ukraine), along with Moldova, which has a Slavic minority. However, few Polish, Slovak or Czech people speak Russian, despite huge expenditures in the past.

o Republics of Russia . The language of titular nation is also official in those republics (though usage of a titular language is often not widespread).

Chuvash , Bashkir and Mari residents of Tatarstan also speak three languages: own, Russian and Tatar.

Among the Maris, widespread trilingualism has been reported (Mari-Russian-Tatar; Mari-Chuvash-Russian; Mari-Udmurt-Russian; even four languages used intermittently: Mari-Tatar-Udmurt-Russian in Mari-Turek areas)[6]

In the 1980s, almost all the Karelians were bilingual, speaking both Karelian and Russian (being Karelian-Finnish bilingual in Finland). Trilingualism Karelian-Finnish-Russian also occurred in the Karelian ASSR.[7]

o Abkhazia . According to Georgian law, Georgian and Abkhazian are official languages; according to Abkhazian law — Abkhazian and Russian. Elder generation of Abkhaz spoke Georgian, Russian and Abkhaz language

Slovakia has a Hungarian minority of 520,000 (9.7%). Slovenia . In the costal area (Koper, Izola and Piran) Italian is also an official

language, in addition to Slovene. In the eastern part of Prekmurje, Hungarian is used as an official language next to Slovene. In the bilingual areas, all children are taught both languages.

Spain , where many regions have more than one official language: Euskadi and Navarra (Basque-Spanish), Galicia (Galician-Spanish), Valencia, Balearic Islands (Catalan-Spanish) and Catalonia (Aranese-Catalan-Spanish), but especially in Catalonia, where Spanish and Catalan both enjoy great social esteem and are both

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used in almost every social situation). Asturian is recognised by Asturias and Leonese is recognised by Castile and León. - see:Languages of Spain.

Sweden . Tornedalen and Haparanda in North Bothnia, Finnish-speaking. Switzerland has four national languages; German, French, Italian and Romansh [8] .

The cantons Valais, Fribourg and Bern are bilingual (French and German), while canton Graubünden is trilingual (German, Romansh and Italian).

In most countries of the Former Socialist Federal Republic of Yugoslavia, Serbian, Croatian, and Bosnian are understood by all three groups (see Serbo-Croatian)

In Carpathian Ruthenia, Ukraine, Slovaks living near Uzhgorod speak Ukrainian and Hungarian in addition to their mother tongue, Slovakian. In villages near Mukachevo Germans (Swabian dialect speakers) also speak Hungarian and Ukrainian.

the United Kingdom o Ulster Scots , a variety of Scots, is spoken by some in northern regions, but

again English is far more commonly used and Ulster Scots is less actively used in media. Irish and Ulster Scots now both have official status in Northern Ireland as part of the 1998 Belfast Agreement.

o Scotland . 58,652 Gaelic speakers, mostly concentrated in the Highlands and the Hebrides, the traditional heartland of Gaelic culture. Also Scots with approximately 2 to 3 million speakers - a Germanic language closely related to English.

o Wales with 611,000 Welsh speakers, including the majority of the population in parts of north and west Wales.[9]

Oceania

In New Zealand, a small percentage of the population has some reasonable degree of bilingualism with English and Māori, mostly among the Māori themselves; few are fully fluent in Māori. New Zealand Sign Language is also an official language. English is the main language with over 99% of the population speaking it fluently.

Multilingual Cities

In many cities around the globe, a majority of the population frequently speaks two or more languages. There are also large cities with high numbers of immigrants such as London, New York and Toronto, where dozens of languages can be heard, but the majority of the population are monolingual.

There are many more cities of multi-lingual speakers where multilingualism a part of everyday life.

The following list is an example:

Accra , Ghana - English, Akan, Ga Ahmedabad , India - English, Hindi, Gujarati Alghero , Italy - Italian, Sardinian, Catalan

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Andorra , Andorra - Catalan, Spanish, Portuguese, French Bangalore , India - English, Hindi, Kannada, Tamil, Malayalam, Telugu Barcelona, Spain - Spanish, Catalan Beirut, Lebanon - Arabic, French, English, Armenian Biel , Switzerland - French, German Bolzano , Italy - German, Italian Brussels, Belgium - Dutch, French Cape Town , South Africa - English, Xhosa, Afrikaans Cebu , Philippines - Cebuano, English, Tagalog Chennai , India - English, Tamil Tricity of Chandigarh, Mohali and Panchkula, India - English, Hindi, Punjabi Darjeeling , India - Nepali, English, Hindi, Bengali Delhi , India - English, Hindi, Urdu, Punjabi Dublin , Ireland - English, Irish Dubai , United Arab Emirates - English, Arabic, Malayalam, Hindi Durban , South Africa - English, Zulu Gibraltar - English, Spanish, Llanito Gorizia , Italy - Italian, Friulian, Slovene Fribourg , Switzerland - French, German Helsinki - Finnish, Swedish Hong Kong , China - Chinese, English Hyderabad , India - English, Hindi, Telugu, Urdu Jerusalem - Hebrew,Arabic, English, , Yiddish Kinshasa , Democratic Republic of the Congo - French, Lingala Kolkatta , India - English, Hindi, Bengali Koper , Slovenia - Slovene, Italian, Croatian Kuala Lumpur - English, Malay, Cantonese, Mandarin, Tamil

o Lome , Togo - Ewe, French Luxembourg City , Luxembourg - French, German, Luxembourgish, English Macau , China - Chinese, Portuguese Manila , Philippines - English, Tagalog Mangalore , India - Kannada, Hindi, Tulu Miami , Florida - English, French Creole, Spanish Montreal , Canada - French, English Mumbai , India - English, Hindi, Marathi Nicosia , Cyprus - Greek, Turkish Oranjestad , Aruba - Dutch, English Ottawa , Canada - English, French Patna , India - English, Hindi, Maithili, Bhojpuri, Magahi Pula , Croatia - Croatian, Italian Pune , India - English, Hindi, Marathi San Juan , Puerto Rico - English, Spanish San Francisco , USA - Chinese, English, Spanish Singapore - English, Chinese, Malay, Tamil Tel Aviv , Israel - Mainly Hebrew, (in parts of Jaffa) Arabic , (Immigrant

Communities) Russian, English, Aramaic

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Trieste , Italy - Italian, Slovene Trivandrum , India - Malayalam, English, Hindi Valencia , Spain - Valencian, Spanish Vigo , Spain - Galician, Spanish Willemstad , Curacao - Papiamento, Dutch Zamboanga , Philippines - Chavacano, Tagalog, English, Tausug, Visayan languages

Footnotes

1. ̂ Bolivian Constitution, Article 5-I: Son idiomas oficiales del Estado el castellano y todos los idiomas de las naciones y pueblos indígena originario campesinos, que son el aymara, araona, baure, bésiro, canichana, cavineño, cayubaba, chácobo, chimán, ese ejja, guaraní, guarasu’we, guarayu, itonama, leco, machajuyai-kallawaya, machineri, maropa, mojeño-trinitario, mojeño-ignaciano, moré, mosetén, movima, pacawara, puquina, quechua, sirionó, tacana, tapiete, toromona, uru-chipaya, weenhayek, yaminawa, yuki, yuracaré y zamuco.

2. ̂ [1]3. ̂ Van Parijs, Philippe, Professor of economic and social ethics at the UCLouvain,

Visiting Professor at Harvard University and the KULeuven. "Belgium's new linguistic challenges" (pdf 0.7 MB). KVS Express (supplement to newspaper De Morgen) March–April 2007: Article from original source (pdf 4.9   MB ) pages 34–36 republished by the Belgian Federal Government Service (ministry) of Economy — Directorate-general Statistics Belgium. http://www.statbel.fgov.be/studies/ac699_en.pdf. Retrieved on 2007-05-05. — The linguistic situation in Belgium (and in particular various estimations of the population speaking French and Dutch in Brussels) is discussed in detail.

4. ̂ [2]5. ̂ [3]6. ̂ Paul Ariste Keelekontaktid. Tallinn: 1981 (Estonian)7. ̂ Paul Ariste Keelekontaktid. Tallinn: 1981 (Estonian)8. ̂ Swiss Constitution/Part 1, article 4, states: The national languages are German,

French, Italian, and Romansh.9. ̂ Map of percentage able to speak Welsh, 2001

B. Sami languages

From Wikipedia, the free encyclopedia

http://en.wikipedia.org/wiki/Sami_languages

Jump to: navigation, search

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Sami

Spoken in Finland, Norway, Sweden, and Russia

Region Sápmi (Lapland)

Sami or Saami is a general name for a group of Uralic languages spoken by the Sami people in parts of northern Finland, Norway, Sweden and extreme northwestern Russia, in Northern Europe. Sami is frequently (and erroneously) believed to be a single language. Several names are used for the Sami languages: Saami, Sámi, Samic, Saamic, as well as the exonyms Lappish and Lappic. The last two are, along with the term Lapp, considered derogatory by many.[1]

Classification

The Sami languages form a branch of the Uralic language family. According to the traditional view, Sami is within the Uralic family most closely related to the Baltic-Finnic languages (Sammallahti 1998). However, this view has recently been doubted by some scholars, who argue that the traditional view of a common Finno-Sami protolanguage is not as strongly supported as has been earlier assumed[2], and that the similarities may stem from an areal influence on Sami from Baltic-Finnic.

In terms of internal relationships, the Sami languages are divided into two groups: western and eastern. The groups may be further divided into various subgroups and ultimately individual languages. (Sammallahti 1998: 6-38.) Parts of the Sami language area form a dialect continuum in which the neighbouring languages may be to a fair degree mutually intelligible, but two more widely separated groups will not understand each other's speech. There are, however, sharp and absolute language boundaries, in particular between Northern Sami, Inari Sami and Skolt Sami, the speakers of which are not able to understand each other without learning or long practice.

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Geographic distribution

Historically verified distribution of the Sami languages: 1. Southern Sami, 2. Ume Sami, 3. Pite Sami, 4. Lule Sami, 5. Northern Sami, 6. Skolt Sami, 7. Inari Sami, 8. Kildin Sami, 9. Ter Sami. Darkened area represents municipalities that recognize Sami as an official language.

The Sami languages are spoken in Sápmi in Northern Europe, in a region stretching over the four countries Norway, Sweden, Finland and Russia, reaching from the southern part of central Scandinavia in the southwest to the tip of the Kola Peninsula in the east.

During the Middle Ages and Early Modern Age now extinct Sami languages were also spoken in the central and southern parts of Finland and Karelia and in a wider area on the Scandinavian peninsula. Historical documents as well as Finnish and Karelian oral tradition contain many mentions of the earlier Sami inhabitation in these areas (Itkonen 1947). Also loanwords as well as place-names of Sami origin in the southern dialects of Finnish and Karelian dialects testify of earlier Sami presence in the area (Koponen 1996; Saarikivi 2004; Aikio 2007). These Sami languages, however, became later extinct under the wave of the Finno-Karelian agricultural expansion.

History

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The Proto-Sami language is believed to have formed in the vicinity of the Gulf of Finland between 1000 B.C. to 700 A.D. derived from a common Proto-Sami-Finnic language (M. Korhonen 1981[3]). However reconstruction of any basic proto-languages in the Uralic family have reached a level close to or identical to Proto-Uralic (Salminen 1999[4]). The language is believed to have expanded west and north into Fennoscandia during the Iron Age reaching central-Scandinavia during the Proto-Scandinavian phase (Bergsland 1996.[5]). The language assimilated several layers of unknown Paleo-European languages from the early hunter gatherers, first during the Proto-Sami phase and second in the subsequent expansion of the language in the west and the north of Fennoscandia that is part of modern Sami today. (Aikio 2004[6], Aikio 2006[7]).

Written languages and sociolinguistic situation

At present there are nine living Sami languages. The largest six of the languages have independent literary languages; the three others have no written standard, and there are only few, mainly elderly speakers left. The ISO 639-2 code for all Sami languages without its proper code is "smi". The six written languages are:

Northern Sami (Norway, Sweden, Finland): With an estimated 15,000 speakers, this accounts for probably more than 75% of all Sami speakers in 2002.[citation needed] ISO 639-1/ISO 639-2: se/sme

Lule Sami (Norway, Sweden): The second largest group with an estimated 1,500 speakers.[citation needed] ISO 639-2: smj

Southern Sami (Norway, Sweden): 500 speakers (estimated).[citation needed] ISO 639-2: sma

Inari Sami (Enare Sami) (Inari, Finland): 500 speakers (estimated).[citation needed] SIL code: LPI, ISO 639-2: smn

Skolt Sami (Näätämö and the Nellim-Keväjärvi districts, Inari municipality, Finland, also spoken in Russia, previously in Norway): 400 speakers (estimated).[citation needed] SIL code: LPK, ISO 639-2: sms

Kildin Sami (Kola Peninsula, Russia): 650 speakers (estimated).[citation needed] SIL code: LPD

The other Sami languages are moribund and have very few speakers left. Ten speakers of Ter Sami were known to be alive in 2004,[8] and Pite Sami and Ume Sami likely have under 20 speakers left.[citation needed] The last speaker of Akkala Sami is known to have died in December 2003,[9] and the eleventh attested variety Kemi Sami became extinct in the 19th century.

Official status

Adopted in April 1988, Article 110a of the Norwegian Constitution states: "It is the responsibility of the authorities of the State to create conditions enabling the Sami people to preserve and develop its language, culture and way of life." The Sami Language Act went into effect in the 1990s. Sami is an official language of the municipalities of Kautokeino, Karasjok, Gáivuotna (Kåfjord), Nesseby, Porsanger, Tana, Tysfjord, and Snåsa.

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A bilingual street sign in Enontekiö in both Finnish (top) and Northern Sámi

In Finland, the Sami language act of 1991 granted Sami people the right to use the Sami languages for all government services. The Sami language act of 2003 made Sami an official language in Enontekiö, Inari, Sodankylä and Utsjoki municipalities.

On April 1, 2002 Sami became one of five recognized minority languages in Sweden. It can be used in dealing with public authorities in the municipalities of Arjeplog, Gällivare, Jokkmokk and Kiruna.

See also: Sami parliaments of Finland, Norway, and Sweden

External links

Kimberli Mäkäräinen "Sámi-related odds and ends," including 5000+ word vocabulary list

Risten Sámi dictionary and terminology database. Sámedikki giellastivra - Sami language department of the Norwegian Sami

parliament (in Norwegian and Northern Sami) Finland - Sámi Language Act Sami Language Resources All about Sami Languages with glossaries, scholarly

articles, resources Álgu database , an etymological database of the Sami languages (in Finnish and North

Sámi) Sami anthems , Sami anthems in various Sami languages

Northern Sami edition of Wikipedia, the free encyclopedia

References

1. ̂ Karlsson, Fred (2008). An Essential Finnish Grammar. Abingdon-on-Thames, Oxfordshire: Routledge. pp. 1. ISBN 978-0-415-43914-5.

2. ̂ T. Salminen: Problems in the taxonomy of the Uralic languages in the light of modern comparative studies. — Лингвистический беспредел: сборник статей к 70-

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летию А. И. Кузнецовой. Москва: Издательство Московского университета, 2002. 44–55. AND [1]

3. ̂ Korhonen, Mikko 1981: Johdatus lapin kielen historiaan. Suomalaisen kirjallisuuden seuran toimituksia ; 370. Helsinki, 1981

4. ̂  : Problems in the taxonomy of the Uralic languages in the light of modern comparative studies. — Лингвистический беспредел: сборник статей к 70-летию А. И. Кузнецовой. Москва: Издательство Московского университета, 2002. 44–55.

5. ̂ Knut Bergsland: Bidrag til sydsamenes historie, Senter for Samiske Studier Universitet i Tromsø 1996

6. ̂ Aikio, A. (2004). An essay on substrate studies and the origin of Saami. Irma Hyvärinen / Petri Kallio / Jarmo Korhonen (eds.), Etymologie, Entlehnungen und Entwicklungen: Festschrift für Jorma Koivulehto zum 70. Geburtstag, pp. 5–34. Mémoires de la Société Néophilologique de Helsinki 63. Helsinki.

7. ̂ Aikio, A. (2006). On Germanic-Saami contacts and Saami prehistory. Journal de la Société Finno-Ougrienne 91: 9–55..

8. ̂ Tiuraniemi Olli: "Anatoli Zaharov on maapallon ainoa turjansaamea puhuva mies", Kide 6 / 2004.

9. ̂ Microsoft Word - Nordisk samekonvensjon hele dokumentet 14112005.doc

Fernandez, J. 1997. Parlons lapon. - Paris. Itkonen, T. I. 1947. Lapparnas förekomst i Finland. - Ymer: 43–57. Stockholm. Koponen, Eino 1996. Lappische Lehnwörter im Finnischen und Karelischen. - Lars

Gunnar Larsson (ed.), Lapponica et Uralica. 100 Jahre finnisch-ugrischer Unterricht an der Universität Uppsala. Studia Uralica Uppsaliensia 26: 83-98.

Saarikivi, Janne 2004. Über das saamische Substratnamengut in Nordrußland und Finnland. - Finnisch-ugrische Forschungen 58: 162–234. Helsinki: Société Finno-Ougrienne.

Sammallahti, Pekka (1998). The Saami Languages: an introduction. Kárášjohka: Davvi Girji OS. ISBN 82-7374-398-5.

Retrieved from "http://en.wikipedia.org/wiki/Sami_languages"Categories: Sami languages | Languages of Sweden | Languages of Finland | Languages of Russia | Languages of NorwayHidden categories: All articles with unsourced statements | Articles with unsourced statements from September 2008 | Articles with unsourced statements from February 2007

Appendix 2 (A, B, & C)

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Other states providing bilingual public services by right for indigenous populations:A. Language policies for Australian languageshttp://www.anu.edu.au/linguistics/nash/aust/policy.html

categories (by text colour): advocacy and commentary | government reports and reviews (Green Papers) | government policy (White Papers)

sections: state/territory | national | international | other countries

state / territory

NSW

The first state Aboriginal Languages Policy (NSW DAA)http://www.daa.nsw.gov.au/data/files//languagespolicyFINAL.pdf, dated 24 May 2004

Aboriginal Languages Project, following the release of the Aboriginal Languages K-10 Syllabus in 2003linked from http://ab-ed.boardofstudies.nsw.edu.au

NSW Aboriginal Languages Research and Resource Centre (The Languages Centre), part of the NSW Department of Aboriginal Affairs, founded 2003http://www.alrrc.nsw.gov.au/

Senator Aden Ridgeway interview, 2003?http://www.fatsil.org/VOTL/Articles/18-1.htm

Kevin Lowe. 2001. The Need for Community Consultation to assist in the Development of Aboriginal Language Programs in schools: A Draft Discussion Paper. The full version of the extract that appeared in Voice of the Land 20 (November 2001) ,9,11.http://www.fatsil.org/papers/research/lowe-1.htm

Tasmania

Western Australia

Aboriginal Education Operational Plan 2005-2008http://www.det.wa.edu.au/education/abled/docs/Operational%20Plan.pdf

Curriculum Council, with mission "To set curriculum policy directions for kindergarten to

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year 12 schooling in Western Australia"http://www.curriculum.wa.edu.au

Network of Aboriginal language centres : Submisson on the Draft State Sustainability Strategyhttp://www.sustainability.dpc.wa.gov.au/docs/submissions_to_draft/Mirima%20Council.pdf

South Australia

Eira, Christina & Mary-Anne Gale. 2007. Language policy and language programs in South Australia. PowerPoint® presentation, to Victorian Indigenous Languages Policy and Development Workshop, Melbourne, March 2007

Curriculum Portal - Learning Australian Indigenous languageshttp://www.decs.sa.gov.au/curric/pages/languages/languagescontact/

Curriculum, Standards and Accountability (SACSA) Framework - section about languageshttp://www.sacsa.sa.edu.au/link.asp?ID=FRAMEWORK:EYINTROCONTEXT:TAG Accessed April 2007. (Draft dated May 2002)

Victoria

In March 2007 the Victorian government announced its first step towards a policy on Indigenous languages

The Victorian Aboriginal Corporation for Languages coordinates Community Language Programs throughout Victoria.http://www.vaclang.org.au/

Queensland

Dixon, Sally. 2004. Ecological perspectives on language policy and language planning theory: towards a critical understanding of language planning in the Torres Strait Islands. Submitted for the Degree of Bachelor of Arts (Linguistics) (Honours), School of Linguistics, Faculty of Arts, The University of NSW. 115pp. * copy at AIATSIS Library

'The Future of Indigenous Languages in Queensland schools', October 2003 (a comprehensive overview)http://people.aapt.net.au/~cassynancarrow/language/futures.html

Northern Territory

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Simpson, Jane, Jo Caffery, and Patrick McConvell. 2009. Gaps in Australia's Indigenous language policy: dismantling bilingual education in the Northern Territory. AIATSIS Research Discussion Paper 24, June 2009http://www.aiatsis.gov.au/__data/assets/pdf_file/10704/Simpson_et_al_2009_DP_24.pdf

NT Curriculum Frameworkhttp://www.deet.nt.gov.au/education/ntcf/docs/indigenous_lang_cult.pdf

Learning Lessons: The Implementation Phase. Status Report. Learning Lessons Implementation Steering Committee. October 2005 http://www.deet.nt.gov.au/education/indigenous_education/previous_publications/docs/learning_lessons-the_implementation_phase.pdf

Indigenous Languages and Culture in NT Schools: Report 2004-05, Executive Summary http://www.deet.nt.gov.au/education/indigenous_education/previous_publications/indigenous_languages_culture_report/ilc_report_exec_summary.pdf

1999 - Northern Territory Department of Education. Learning Lessons: An Independent Inquiry into Aboriginal Education in the Northern Territory. NT Government Printer (conducted by Tess Lea and Bob Collins) 1.6MB PDFhttp://www.deet.nt.gov.au/education/indigenous_education/previous_publications/docs/learning_lessons_review.pdf

ATSIC Submission to the ["Collins"] Review into Aboriginal Education in the Northern Territory. [1999?]http://pandora.nla.gov.au/pan/41033/20060106/ATSIC/issues/education/Docs/Collins_review.pdf

Australian Capital Territory

The Way Forward. Multicultural Summit - Summary. 10 December 2005. p.11 'Language Policy' suggestions. http://www.dhcs.act.gov.au/community/mau/pubs/Summit%20Summary%20Booklet.pdf

ACT Languages Policy. Draft paper for discussion. December 1994. Canberra: ACT Government (Social Policy Branch, Chief Minister's Department). 28pp. See ß3, pp.17-18.

Norfolk Island

"While English is the official language of Norfolk Island, recognition has also been given to ‘Norf’k’, a mixture of 18th Century English and Tahitian, brought to the island by the Pitcairners. The Norfolk Island Language (Norf’k) Act 2004 not only recognised Norf’k but affirmed ‘the right of the people to

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speak and write it freely and without interference or prejudice from government or other persons’. The Act also allows for Norf’k to be taught in school. UNESCO has recognised the language following a submission by the Norfolk Island Government. The significance of the language policy is that it identifies and recognises a unique cultural element, provides identity and emphasizes the island’s ‘special cultural values’."

Turner, Mark. 2007. Norfolk Island / Australia. Kreddha Autonomy Mapping Project.

national (newer to older)

Purdie, Nola. 2009. A way forward for Indigenous languages. ACER Research Developments Vol. 21, Article 2. * considers strategies for strengthening the quality of Indigenous languages programs in schools   http://research.acer.edu.au/resdev/vol21/iss21/2

Purdie, Nola, Tracey Frigo, Clare Ozolins, Geoff Noblett, Nick Thieberger, Janet Sharp. 2008. Indigenous languages programmes in Australian schools : A way forward. Australian Council for Educational Research. the former Australian Government Department of Education, Science and Training through the Australian Government’s School Languages Programme. xvii+228pp.http://www.dest.gov.au/sectors/school_education/publications_resources/profiles/documents/Indigenous_Language_Programme_in_Australian_schools_pdf.htm

Noel Pearson, Native tongues imperilled, The Australian , March 10, 2007 http://www.theaustralian.news.com.au/story/0,20867,21352767-7583,00.html * includes his seven "points about language policy"

DCITA (Department of Communications, Information Technology and the Arts) "The Maintenance of Indigenous Languages and Records (MILR) program supports policies and community initiatives to preserve and maintain Indigenous languages."See 'Strategy and Action Plan 2007–08', Attachment A pp.14-17 in'Program information and guidelines 2007–08' available in Word and PDF formatshttp://www.dcita.gov.au/__data/assets/pdf_file/54023/MILR_Guidelines_2007-08.pdfhttp://www.dcita.gov.au/__data/assets/word_doc/54022/MILR_Guidelines_2007-08.doc

DCITA MILR publications, including

The National Indigenous Languages (NILS) Survey Report (2005) (AIATSIS/FATSIL)http://www.arts.gov.au/indigenous/national_indigenous_languages_survey_report_2005 (2.6MB PDF) via http://www.arts.gov.au/indigenous/

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Economic Costs and Benefits of Australian Indigenous Languages (2004) (Peter Muhlhausler and Richard Damania) http://hdl.handle.net/2440/40591 pointing to http://www.arts.gov.au/__data/assets/pdf_file/0015/14730/Discussion_Paper-Economic_Costs_and_Benefits_of_Australian_Indigenous_Languages.pdf

Plan 2005-2008 based on 2004 report of Ministerial Council on Education, Employment, Training and Youth Affairs (MCEETYA)http://www.mceetya.edu.au/verve/_resources/languageeducation_file.pdf from National Statement and Plan on Languages Education in Australian Schools page

DEST (Department of Education, Science and Training) policies, issues and reviews relating to Indigenous educationhttp://www.dest.gov.au/sectors/indigenous_education/policy_issues_reviews/policy_issues_reviews_menu.htmincluding National Goals for Indigenous Education (page last modified Tue, 24 Apr 2007 3:58:35 PM)"17.     To develop programs to support the maintenance and continued us[e] of Aboriginal and Torres Strait Islander Languages."

Lo Bianco, J. 2004. A site for debate, negotiation and contest of national identity: language policy in Australia. 35 pages. Guide for the development of language education policies in Europe: From linguistic diversity to plurilingual education.  Strasbourg: Council of Europe. (French and English)http://www.coe.int/t/dg4/linguistic/Source/LoBiancoEn.pdf

Dixon, Sally. 2004. Ecological perspectives on language policy and language planning theory: towards a critical understanding of language planning in the Torres Strait Islands. Submitted for the Degree of Bachelor of Arts (Linguistics) (Honours), School of Linguistics, Faculty of Arts, The University of NSW * Chapter 1 'Language Policy in Australia: towards a critical theory', pp.3-42 * copy at AIATSIS Library

Lester Irabinna Rigney. 2002. Bread versus freedom - Treaty and stabilising Indigenous Languages. Presented to National Treaty Conference.http://www.fatsil.org/papers/research/rigney-2.htm

Review of the Australian Government Languages Other than English Programme (LOTE) - Report. Commonwealth of Australia, 2002http://www.dest.gov.au/sectors/school_education/publications_resources/lote_programme_review/recommendations.htm#In_relation_to_Indigenous_Languages,_it_is_recommended_that:

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National Aboriginal and Torres Strait Islander Education Policy (AEP)http://www.dest.gov.au/archive/schools/indigenous/aep.htm (page created 2001-12-19, modified 8 Aug 2005)

Lo Bianco, Joseph, and Rosie Wickert (eds). 2001. Australian policy activism in language and literacy. Melbourne: Language Australia. 6.6MB PDF at ERIC #:ED471603 http://eric.ed.gov/ERICWebPortal/Home.portal?_nfpb=true&ERICExtSearch_SearchValue_0=%22Lo+Bianco+Joseph%22&ERICExtSearch_SearchType_0=au&_pageLabel=RecordDetails&objectId=0900000

b8017876a&accno=ED471603&_nfls=false * introduction "Activists and Policy" (LoBianco, Wickert) * Part 1, pp.13-44, "From policy to anti-policy:  How fear of language rights took policy-making out of community hands" (LoBianco): tracks Australian language and literacy policy * "Advocating the sustainability of linguistic diversity" (Michael Singh)

Hammond, Jennifer. 2001. Literacies in school education in Australia: disjunctions between policy and research. Language and Education Vol. 15, No. 2&3. http://www.multilingual-matters.net/le/015/0162/le0150162.pdf

FATSIL Indigenous Language Policy Statement and Strategic Plan objectives summarised in Voice of the Land 16.1(2001). http://www.fatsil.org/VOTL/Articles/16-1.htm

Recognition Rights and Reform - Aboriginal and Torres Strait Islander Languages (AUSTLII)Part of Reconciliation and Social Justice Library. Page created Mon, 3 Jul 2000 2:32:51 PM http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/atsic/ntsj1/54.html

State of Indigenous languages in Australia - 2001, by P. McConvell and N. Thieberger. State of the Environment Second Technical Paper Series (Natural and Cultural Heritage), Department of the Environment and Heritage, Canberra. http://www.environment.gov.au/soe/techpapers/languages/

Royal Commission on Aboriginal Deaths in Custody Recommendations 55, 56, 188

Janke, Terri. 1998. Our Culture: Our Future: Report on Australian Indigenous Cultural and Intellectual Property Rights. Prepared for Australian Institute of Aboriginal and Torres Strait Islander Studies and the Aboriginal and Torres Strait Islander Commission. © Michael Frankel & Company and Terri Janke.  2.5MB http://web.archive.org/web/20030803155859/www.icip.lawnet.com.au/culture.pdf

Commonwealth Literacy Policy: Literacy for All: The Challenge for Australian Schools. Department of Employment, Education, Training and Youth Affairs (DEETYA), 1998. Commonwealth Literacy Policies for Australian Schools. Australian Schooling Monograph Series No. 1/1998 http://www.dest.gov.au/sectors/school_education/publications_r

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esources/profiles/literacy_all_challenge_australian_schools.htmß5.3 Indigenous Students: http://www.dest.gov.au/archive/schools/literacy&numeracy/publications/lit4all.htm#5.3

Language and Literacy: Australia's Fundamental Resource, prepared by Language Australia. Authors: Joseph Lo Bianco, Pauline Bryant, Richard B. Baldauf. National Board of Employment, Education and Training, Australian Research Council, Discipline Research Strategies. June 1997. ISBN 0642236550

McKay, Graham R. 1996. The land still speaks: review of Aboriginal and Torres Strait Islander language maintenance and development needs and activities. Canberra: Australian Govt. Pub. Service. xxvii+290pp. Commissioned Report No. 44. (Australia. National Board of Employment, Education and Training). ISBN 064445945X xxvii+290pp. http://www.dest.gov.au/nbeet/publications/pdf/96_10.pdf

Lo Bianco, Joseph. Pluralist Nations: Pluralist Language Policies? Presented to 1995 Global Cultural Diversity Conference Proceedings, Sydney. (Chief Executive, The National Languages and Literacy Institute of Australia Limited)http://www.immi.gov.au/media/publications/multicultural/confer/04/speech18a.htm

Culture and Heritage: Indigenous Languages by John Henderson and David Nash. State of the Environment Technical Paper Series (Natural and Cultural Heritage), Series 1, Department of the Environment and Heritage. To January 1995.http://www.environment.gov.au/soe/techpapers/series1/indigeno.html

Ozolins, Uldis. 1993. The politics of language in Australia . Cambridge University Press. * reviewed by Mari Rhydwen, Oceania 64.3(March 1994), 274 *  'The National Language Policy issued in Australia'. Pacific Linguistics (1985) Series C-92; pp. 281-9.

Government response to the recommendations of the House of Representatives Standing Committee on Aboriginal and Torres Strait Islander Affairs inquiry into Aboriginal and Torres Strait Islander language maintenance report, "A matter of survival", June 1992.

Language and culture : a matter of survival : report of the inquiry into Aboriginal and Torres Strait Islander language maintenance June 1992. Parliament - House of Representatives. Standing Committee on Aboriginal and Torres Strait Islander Affairs (HRSCATSIA). Canberra: Australian Government Publishing Service.

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http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/parliamentary/language/index.html

Appendix 7: Recommendations from the National Aboriginal Languages Workshop "Our Language, Our Future", 12th & 13th December 1991, Adelaide SA. http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/parliamentary/language/83.html

White Paper response - PALC.  Wangka Maya. 14pp.  Text posted to peg:aust.languages 2:28 pm  Oct 25, 1991.  Archived in file '16 Wangka Maya response' in ASEDA item 0380.

ALLP: Australia's Language: The Australian Language and Literacy Policy, by John Dawkins, Minister for Employment Education and Training. Announced 2 September 1991. Canberra: AGPS, 1993. * "The White Paper was released in early September 1991 and announced a national policy and a national strategy to promote language and literacy in Australia through the Australian Language and Literacy Policy (ALLP)." http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/parliamentary/language/70.html

Dept. of Employment, Education and Training. The language of Australia; discussion paper on an Australian literacy and language policy for the 1990s. Canberra : Australian Government Publishing Service, December 1990, 2 v. in 1 * "The Green Paper on a draft Australian Language and Literacy Policy was released in December 1990" http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/parliamentary/language/70.html

Riley-Mundine, Lynette, and Bryn Roberts (Pitman Roberts and Partners). 1990. Review of National Aboriginal Languages Program. AACLAME Occasional Paper Number 5. Australian Advisory Council on Languages and Multicultural Education, Canberra. Scanned as 2.6MB PDF available as ERIC #:ED355757 at http://eric.ed.gov/ERICWebPortal/Home.portal?_nfpb=true&_pageLabel=RecordDetails&ERICExtSearch_SearchValue_0=ED355757&ER

ICExtSearch_SearchType_0=eric_accno&objectId=0900000b8013bfae * National Aboriginal Languages Project 1988-90, became National Aboriginal Languages Program (DEET)

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NPL: Lo Bianco, Joseph. 1987. National Policy on Languages. Commonwealth Department of Education. Canberra: Australian Government Publishing Service. ISBN-13 978-0644061186 * extracted highlights: http://www.multiculturalaustralia.edu.au/doc/lobianco_2.pdf * Ministerial announcement of policy, 15 December 1987 http://www.multiculturalaustralia.edu.au/doc/youngholding_1.pdf * comment: "Australia's education and training system has also responded to the changing ethnic composition of our population. A system of language training was put in place to provide migrants with access. Community languages were integrated into school curricula and became an important national resource. In 1987 the Federal Government adopted a National Policy on Languages, becoming the first English speaking country to have such a policy and the first in the world to have a multilingual languages policy" p.29 of CFAC. 1994. 2001: A Report from Australia: a report to the Council of Australian Governments by the Centenary of Federation Advisory Committee. Canberra: AGPS. [quoted http://www.immi.gov.au/media/publications/multicultural/confer/04/speech18b.htm ]

Parliament - Senate Standing Committee on Education and the Arts ; Malcolm Arthur Colston, Chairman. October 1984. Report on a national language policy. Canberra: Australian Government Publishing Service. Cat. No. 8505820 * Recommendations http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/parliamentary/language/82.html

Fesl, Eve D. 1983. Submission to the Senate Standing Committee on Education and the Arts on a National Language Policy. iii+178pp. AIATSIS Library MS 4156.

Bell, Jeanie (ed.) 1982. Language planning for Australian Aboriginal languages: papers presented at the Workshop to Develop Aboriginal Leadership in Language Planning, Alice Springs, 16-20 February, 1981. Alice Springs, NT; Institute for Aboriginal Development.

A useful glossary of acronyms (at 1992): http://www.austlii.edu.au/au/special/rsjproject/rsjlibrary/parliamentary/language/5.html

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Language Australia has closed, the former National Languages and Literacy Institute of Australia Ltd. (NLLIA); some of the operations of its Melbourne Office are now run through CAE (Centre for Adult Education) in Melbourne.

Literacy: A Chronology of Selected Research and Commonwealth Policy Initiatives Since 1975. Canberra, Department of the Parliamentary Library, Social Policy Group. 7 December 1999. http://www.aph.gov.au/library/pubs/chron/1999-2000/2000chr02.htm

Australian Indigenous Cultural and Intellectual Property Rights (site dormant in recent years)

international (newer to older)

For general news on language policy worldwide, see LGPOLICY-LIST http://listserv.linguistlist.org/archives/lgpolicy-list.html, and the Consortium for Language Policy and Planning http://ccat.sas.upenn.edu/plc/clpp/

United Nations. Human Rights Council. 23 June 2006. Recommendation to the UN General Assembly for the adoption of the draft Declaration on the Rights of Indigenous Peoples. See Article 14 Language, Article 15 Education, and Article 17 Media. http://www.un.org/esa/socdev/unpfii/en/declaration.html, http://daccessdds.un.org/doc/UNDOC/LTD/G06/125/71/PDF/G0612571.pdf

Building stronger communities: Indigenous Australian rights in education and language by Lester Irabinna Rigney/FATSILA submission to the Working Group on Indigenous Populations of a UN subcommission on Human Rightsfull version of an article that appeared in Voice of the Land 21 (March 2002) , 8-9http://www.fatsil.org/papers/research/rigney-1.htm

Romaine, Suzanne. 2002. The Impact of language policy on endangered languages. International Journal on Multicultural Societies Vol. 4, No. 2 ISSN 1564-4901 © UNESCO.http://www.unesco.org/most/vl4n2romaine.pdf

Luisa Maffi. 1999. Building the Tools: toward the integrated protection of indigenous languages and Knowledge as part of indigenous heritage. Terralingua Discussion Paper #14http://www.terralingua.org/DiscPapers/DiscPaper14.htm

Universal Declaration of Linguistic Rights, adopted by the 1996 World Conference on Linguistic rights, communicated to UNESCOhttp://unesdoc.unesco.org/images/0010/001042/104267e.pdf

other countries

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New Zealand's Maori Language Act 1987 , which refers in places to Welsh Language Act 1967 (U.K.)

Linguistic Rights - National Constitutions, Management of Social Transformations (MOST) Programme Clearing House, UNESCOhttp://www.unesco.org/most/ln2nat.htm

Regional and minority languages of the European Unionhttp://ec.europa.eu/education/policies/lang/languages/langmin/regmin_en.html

Acknowledgements: incorporating suggestions from (newest to earliest) Jason Lee, Adriano Truscott, Melanie Gillbank, Christina Eira <ceira AT vaclang.org.au>, Mary-Anne Gale, Rob Amery, Jane Simpson, and David Nathan's Language rights & policy links in his World Wide Web Virtual Library; also from some of the sources listed in my links and resources on Endangered Languages and language documentation (to 2005)

Return to Australian languages index page© 2009 David Nash

B. Welsh Language Act 1993

From Wikipedia, the free encyclopedia

http://en.wikipedia.org/wiki/Welsh_Language_Act_1993

Jump to: navigation, search

The Welsh Language Act 1993 is an Act of the Parliament of the United Kingdom, which put the Welsh language on an equal footing with the English language in Wales with regard to the public sector.

The Laws in Wales Acts 1535–1542 had made English the only language of the law courts and other aspects of public administration in Wales. The Welsh Courts Act 1942 had given the right to use Welsh in courts providing that the Welsh speaker was under a disadvantage in having to speak English, but this was very narrowly defined by subsequent case law. The Welsh Language Act 1967 overturned these decisions and gave rise to the concept of 'equal validity' between the Welsh and English languages. As a result, Governmental Departments began preparing documents in Welsh, and following a campaign of destroying or vandalising

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unilingual English road signs by members of Cymdeithas yr Iaith Gymraeg (The Welsh Language Society), local councils were allowed to provide many bilingual signs in Wales. It was however the Welsh Language Act 1993 which established that 'in the course of public business and the administration of justice, so far as is reasonably practicable, the Welsh and English languages are to be treated on the basis of equality.'

Basically the Act did three things:

set up the Welsh Language Board, answerable to the Secretary of State for Wales, with the duty of promoting the use of Welsh and ensuring compliance with the other provisions.

gave Welsh speakers the right to speak Welsh in court proceedings obliged all organisations in the public sector providing services to the public in Wales

to treat Welsh and English on an equal basis

The powers given to the Secretary of State for Wales under this Act were later devolved to the National Assembly for Wales. Delegated or Secondary Legislation has been made under this Act by the Secretary of State, and subsequently the National Assembly forcing more public bodies to prepare what are known as Welsh Language Schemes which show their commitment to the 'equality of treatment' principle.

External links

Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database

Full text of the Welsh Language Act 1993 Campaign for a New Welsh Language Act

[show] v • d • e

United Kingdom legislation

This Wales-related article is a stub. You can help Wikipedia by expanding it.

This legislation article is a stub. You can help Wikipedia by expanding it.Retrieved from "http://en.wikipedia.org/wiki/Welsh_Language_Act_1993"Categories: United Kingdom Acts of Parliament 1993 | Welsh language | Welsh laws | Language policy | Wales stubs | Statute stubs

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C. General Law of Linguistic Rights of Indigenous Peoples

De Wikipedia, la enciclopedia libre From Wikipedia, the free encyclopedia

http://es.wikipedia.org/wiki/Ley_General_de_Derechos_Ling%C3%BC%C3%ADsticos_de_los_Pueblos_Ind%C3%ADgenas

Saltar a navegación , búsqueda Jump to: navigation, search

La Ley General de Derechos Lingüísticos de los Pueblos Indígenas , es un estatuto mexicano publicado en el Diario Oficial de la Federación el 13 de marzo de 2003 , durante la gestión del entonces presidente Vicente Fox Quesada y que dio lugar a la creación del Instituto Nacional de las Lenguas Indígenas .

Translation: The General Law of Linguistic Rights of Indigenous Peoples, is a statute of Mexico published in the Official Gazette on March 13 of 2003, during the administration of then President Vicente Fox Quesada, and that led to the creation of the National Institute of Indigenous Languages.

Dicha ley es un elemento jurídico que contempla el reconocimiento de los derechos tanto individuales, como colectivos de las personas y pueblos que poseen y practican, alguno de los 62 lenguajes indígenas como lengua materna .

Translation: This law is a law that provides for the recognition of the rights both individual and collective of individuals and peoples who have and practice some of the 62 indigenous languages as mother tongue.

Además especifica nociones como lo que debe comprenderse por lenguas indígenas y lenguas nacionales, las condiciones de aplicación del decreto, y los atributos, propósitos y funciones del Instituto Nacional de las Lenguas Indígenas.

Translation: Besides specific ideas as to be understood by indigenous languages and national languages of the implementation of the decree, and the attributes, purposes and functions of the National Institute of Indigenous Languages.

Enlaces externo External links

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Artículos de la Ley General de Derechos Lingüísticos de los Pueblos Indígenas Articles of the General Law of Linguistic Rights of Indigenous Peoples

Algunos derechos son: Some rights are:

• Derecho a ser reconocido como miembro de una comunidad lingüística • Right to be recognized as a member of a linguistic community

• Derecho al uso de la lengua en privado y en público • Right to use of language in private and in public

• Derecho a relacionarse y asociarse con otros miembros de la comunidad lingüística de origen • Right to associate and interact with other members of the language community of origin

• Derecho a mantener y desarrollar la propia cultura • Right to maintain and develop their culture

• Derecho a la enseñanza de la propia lengua y cultura • Right to education in their own language and culture

• Derecho a disponer de servicios culturales • Right of access to cultural services

• Derecho a una presencia equitativa de la lengua y la cultura del grupo en los medios de comunicación • Right to an equitable presence of their language and culture in the media

• Derecho a ser atendidos en su lengua en los organismos oficiales y en las relaciones socioeconómicas. • Right to be cared for in their own language from government bodies and in socioeconomic relations. (Es decir, que en los centros escolares, de trabajo, oficinas de gobierno, entre otros, las personas puedan comunicarse y ser atendidas en su lengua materna) (That is, in schools, work, government offices, among others, people can communicate and be served in their mother tongue)

Obtenido de " http://es.wikipedia.org/wiki/Ley_General_de_Derechos_Ling%C3%BC%C3%ADsticos_de_los_Pueblos_Ind%C3%ADgenas " Retrieved from "http://es.wikipedia.org/wiki/Ley_General_de_Derechos_Ling% C3% BC% C3% ADsticos_de_los_Pueblos_Ind% C3% ADgenas" Categorías : Leyes de México | México en 2003 Categories: Law of Mexico | Mexico in 2003

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Appendix 3:

Public Law 103-150

From Wikisource: http://en.wikisource.org/wiki/Public_Law_103-150

103RD UNITED STATES CONGRESS1ST SESSION

Joint Resolution

To acknowledge the 100th anniversary of the January 17, 1893 overthrow of the Kingdom of Hawaii, and to offer an apology to Native Hawaiians on behalf of the United States for the

overthrow of the Kingdom of Hawaii.

Whereas, prior to the arrival of the first Europeans in 1778, the Native Hawaiian people lived in a highly organized, self-sufficient, subsistent social system based on communal land tenure with a sophisticated language, culture, and religion;

Whereas, a unified monarchical government of the Hawaiian Islands was established in 1810 under Kamehameha   I , the first King of Hawaii;

Whereas, from 1826 until 1893, the United States recognized the independence of the Kingdom of Hawaii, extended full and complete diplomatic recognition to the Hawaiian Government, and entered into treaties and conventions with the Hawaiian monarchs to govern commerce and navigation in 1826, 1842, 1849, 1875, and 1887;

Whereas, the Congregational Church (now known as the United Church of Christ), through its American Board of Commissioners for Foreign Missions, sponsored and sent more than 100 missionaries to the Kingdom of Hawaii between 1820 and 1850;

Whereas, on January 14, 1893, John L. Stevens (hereafter referred to in this Resolution as the "United States Minister"), the United States Minister assigned to the sovereign and independent Kingdom of Hawaii conspired with a small group of non-Hawaiian residents of the Kingdom of Hawaii, including citizens of the United States, to overthrow the indigenous and lawful Government of Hawaii;

Whereas, in pursuance of the conspiracy to overthrow the Government of Hawaii, the United States Minister and the naval representatives of the United States caused armed naval forces of the United States to invade the sovereign Hawaiian nation on January 16, 1893, and to position themselves near the Hawaiian Government buildings and the Iolani Palace to intimidate Queen Liliuokalani and her Government;

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Whereas, on the afternoon of January 17,1893, a Committee of Safety that represented the American and European sugar planters, descendants of missionaries, and financiers deposed the Hawaiian monarchy and proclaimed the establishment of a Provisional Government;

Whereas, the United States Minister thereupon extended diplomatic recognition to the Provisional Government that was formed by the conspirators without the consent of the Native Hawaiian people or the lawful Government of Hawaii and in violation of treaties between the two nations and of international law;

Whereas, soon thereafter, when informed of the risk of bloodshed with resistance, Queen Liliuokalani issued the following statement yielding her authority to the United States Government rather than to the Provisional Government:

I Liliuokalani, by the Grace of God and under the Constitution of the Hawaiian Kingdom, Queen, do hereby solemnly protest against any and all acts done against myself and the Constitutional Government of the Hawaiian Kingdom by certain persons claiming to have established a Provisional Government of and for this Kingdom.That I yield to the superior force of the United States of America whose Minister Plenipotentiary, His Excellency John L. Stevens, has caused United States troops to be landed a Honolulu and declared that he would support the Provisional Government.Now to avoid any collision of armed forces, and perhaps the loss of life, I do this under protest and impelled by said force yield my authority until such time as the Government of the United States shall, upon facts being presented to it, undo the action of its representatives and reinstate me in the authority which I claim as the Constitutional Sovereign of the Hawaiian Islands.Done at Honolulu this 17th day of January, A.D. 1893.

Whereas, without the active support and intervention by the United States diplomatic and military representatives, the insurrection against the Government of Queen Liliuokalani would have failed for lack of popular support and insufficient arms;

Whereas, on February 1, 1893, the United States Minister raised the American flag and proclaimed Hawaii to be a protectorate of the United States;

Whereas, the report of a Presidentially established investigation conducted by former Congressman James Blount into the events surrounding the insurrection and overthrow of January 17, 1893, concluded that the United States diplomatic and military representatives had abused their authority and were responsible for the change in government;

Whereas, as a result of this investigation, the United States Minister to Hawaii was recalled from his diplomatic post and the military commander of the United States armed forces stationed in Hawaii was disciplined and forced to resign his commission;

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Whereas, in a message to Congress on December 18, 1893, President Grover Cleveland reported fully and accurately on the illegal acts of the conspirators, described such acts as an "act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress", and acknowledged that by such acts the government of a peaceful and friendly people was overthrown;

Whereas, President Cleveland further concluded that a "substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair" and called for the restoration of the Hawaiian monarchy;

Whereas, the Provisional Government protested President Cleveland's call for the restoration of the monarchy and continued to hold state power and pursue annexation to the United States;

Whereas, the Provisional Government successfully lobbied the Committee on Foreign Relations of the Senate (hereafter referred to in this Resolution as the "Committee") to conduct a new investigation into the events surrounding the overthrow of the monarchy;

Whereas, the Committee and its chairman, Senator John Morgan, conducted hearings in Washington, D.C., from December 27,1893, through February 26, 1894, in which members of the Provisional Government justified and condoned the actions of the United States Minister and recommended annexation of Hawaii;

Whereas, although the Provisional Government was able to obscure the role of the United States in the illegal overthrow of the Hawaiian monarchy, it was unable to rally the support from two-thirds of the Senate needed to ratify a treaty of annexation;

Whereas, on July 4, 1894, the Provisional Government declared itself to be the Republic of Hawaii;

Whereas, on January 24, 1895, while imprisoned in Iolani Palace, Queen Liliuokalani was forced by representatives of the Republic of Hawaii to officially abdicate her throne;

Whereas, in the 1896 United States Presidential election, William McKinley replaced Grover Cleveland;

Whereas, on July 7, 1898, as a consequence of the Spanish-American War, President McKinley signed the Newlands Joint Resolution that provided for the annexation of Hawaii;

Whereas, through the Newlands Resolution, the self-declared Republic of Hawaii ceded sovereignty over the Hawaiian Islands to the United States;

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Whereas, the Republic of Hawaii also ceded 1,800,000 acres [7,280 km²] of crown, government and public lands of the Kingdom of Hawaii, without the consent of or compensation to the Native Hawaiian people of Hawaii or their sovereign government;

Whereas, the Congress, through the Newlands Resolution, ratified the cession, annexed Hawaii as part of the United States, and vested title to the lands in Hawaii in the United States;

Whereas, the Newlands Resolution also specified that treaties existing between Hawaii and foreign nations were to immediately cease and be replaced by United States treaties with such nations;

Whereas, the Newlands Resolution effected the transaction between the Republic of Hawaii and the United States Government;

Whereas, the indigenous Hawaiian people never directly relinquished their claims to their inherent sovereignty as a people or over their national lands to the United States, either through their monarchy or through a plebiscite or referendum;

Whereas, on April 30, 1900, President McKinley signed the Organic Act that provided a government for the territory of Hawaii and defined the political structure and powers of the newly established Territorial Government and its relationship to the United States;

Whereas, on August 21, 1959, Hawaii became the 50th State of the United States;

Whereas, the health and well-being of the Native Hawaiian people is intrinsically tied to their deep feelings and attachment to the land;

Whereas, the long-range economic and social changes in Hawaii over the nineteenth and early twentieth centuries have been devastating to the population and to the health and well-being of the Hawaiian people;

Whereas, the Native Hawaiian people are determined to preserve, develop and transmit to future generations their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs, practices, language, and social institutions;

Whereas, in order to promote racial harmony and cultural understanding, the Legislature of the State of Hawaii has determined that the year 1993, should serve Hawaii as a year of special reflection on the rights and dignities of the Native Hawaiians in the Hawaiian and the American societies;

Whereas, the Eighteenth General Synod of the United Church of Christ in recognition of the denomination's historical complicity in the illegal overthrow of the Kingdom of

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Hawaii in 1893 directed the Office of the President of the United Church of Christ to offer a public apology to the Native Hawaiian people and to initiate the process of reconciliation between the United Church of Christ and the Native Hawaiians; and

Whereas, it is proper and timely for the Congress on the occasion of the impending one hundredth anniversary of the event, to acknowledge the historic significance of the illegal overthrow of the Kingdom of Hawaii, to express its deep regret to the Native Hawaiian people, and to support the reconciliation efforts of the State of Hawaii and the United Church of Christ with Native Hawaiians;

Now, therefore, be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Acknowledgment and Apology.

The Congress (1) on the occasion of the 100th anniversary of the illegal overthrow of the Kingdom of Hawaii on January 17, 1893, acknowledges the historical significance of this event which resulted in the suppression of the inherent sovereignty of the Native Hawaiian people;(2) recognizes and commends efforts of reconciliation initiated by the State of Hawaii and the United Church of Christ with Native Hawaiians;(3) apologizes to Native Hawaiians on behalf of the people of the United States for the overthrow of the Kingdom of Hawaii on January 17, 1893 with the participation of agents and citizens of the United States, and the deprivation of the rights of Native Hawaiians to self-determination;(4) expresses its commitment to acknowledge the ramifications of the overthrow of the Kingdom of Hawaii, in order to provide a proper foundation for reconciliation between the United States and the Native Hawaiian people; and(5) urges the President of the United States to also acknowledge the ramifications of the overthrow of the Kingdom of Hawaii and to support reconciliation efforts between the United States and the Native Hawaiian people.

Section 2. Definitions.

As used in this Joint Resolution, the term "Native Hawaiians" means any individual who is a descendent of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii.

Section 3. Disclaimer.

Nothing in this Joint Resolution is intended to serve as a settlement of any claims against the United States.

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Appendix 4:

‘Aha Punana Leo website, “Nest Movement”

http://www.ahapunanaleo.org/eng/resources/resources_nestmovement.html

Hawaiian Language Nest Movement

Hawaiians and others have long fought to save the Hawaiian language from extinction. During the territorial period, Hawaiian was used privately in churches and local laws were passed to promote the teaching of the Hawaiian language in the public schools and the university. Lack of control of the administration of the public schools and University of Hawai‘i resulted in these laws being poorly enforced for many years. In the 1950s, a major dictionary of 30,000 words was completed by the distinguished team of Hawaiian culture authority, Mary Kawena Pukui and linguist, Dr. Samuel Elbert. In the 1970s, a revitalization of interest in the Hawaiian culture resulted in the reestablishment of Hawaiian as an official language of the state of Hawai‘i and in a push to bring elders called kūpuna into the elementary school classrooms. This renewed interest gave rise to the establishment of Hawaiian Studies and Hawaiian Language B. A. degrees. Elementary, high school and even college programs brought better awareness and prestige to Hawaiian but did not produce sufficiently fluent students. Classes where taught through the medium of English and many students rapidly forgot the Hawaiian that they learned in class. During the Hawaiian Renaissance, a small group of students under the leadership of Larry Kimura, then a young teacher of Hawaiian language, began to work closely with Hawaiian elders. They only spoke Hawaiian to each other at all times. This lead to an increased fluency rate for this group of people. Some of these same students began to speak only Hawaiian to their babies. These children became the first new native speakers outside Ni‘ihau in fifty years. Also interacting with these students were a number of Polynesians attending the university in Hawai‘i, including Māori influential in developing the Māori language revival in New Zealand.

In 1982, Tāmati Reedy, one of the Māori students, then head of the New Zealand Office of Māori Affairs, returned to Hawai‘i to inform the group led by Larry Kimura about the establishment of the Kōhanga Reo, language nest movement in New Zealand. These Kōhanga Reo brought preschool-aged children together with fluent speakers of the Māori language in settings where only the indigenous language was used. This contact led to the establishment of the ‘Aha Pūnana Leo in 1983 with Larry Kimura as the first president. When the movement began, there were less than 50 children under the age of 18 fluent in Hawaiian and an estimated 2,000 native speakers of Hawaiian, most of who were over the age of 70.

The Pūnana Leo movement began with great difficulties. In spite of the status of Hawaiian as an official language of the state of Hawai‘i, legal barriers against use of Hawaiian in public

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and private schools still existed. The Hawaiian entities that might be expected to support the movement did not. The first language nest school opened on Kaua‘i in 1984 with a mixed enrollment of native speaking Ni‘ihau children and other Hawaiian children. At first, teachers could not bring themselves to speak only Hawaiian to the children. Regrettably, the native speaking children began to speak English and the other children did not gain Hawaiian fluency. That school was temporarily closed down for lack of funding while other schools opened in Honolulu and Hilo, where there were more parents able to support the schools through tuition as well as the support of Hawaiian speaking babies of Kimura's student group. Even with the increased resources of these locations, a system of required in-kind service, required parent meetings, and required parent language classes was instituted to strengthen the Pūnana Leo schools. These requirements have remained a major foundation of the Pūnana Leo program. In addition, a strict policy of no English in Pūnana Leo schools resulted in children rapidly learning and regularly using Hawaiian. Excitement grew among Hawaiians after seeing for the first time in more than 50 years, children speaking fluently in Hawaiian with their grandparents and with each other. The movement began to grow explosively and affected enrollments in Hawaiian language courses at the high school and college level dramatically.

The use of Hawaiian language in Pūnana Leo was contrary to Hawai‘i state law as was the use of Hawaiian language in the public school serving the tiny population of native speaking children on isolated Ni‘ihau Island. For three years the Pūnana Leo families and Ilei Beniamina of Ni‘ihau lobbied the state legislature to change the law. Finally in 1987, the legislature made provisions for the use of Hawaiian in the Pūnana Leo schools and in public schools.

In spite of the law allowing for Hawaiian as a medium of education in the public schools, the state Department of Education did not open schools in Hawaiian for Ni‘ihau children or for the children matriculating from the Pūnana Leo schools. In Hilo, Pūnana Leo parents kept their kindergarten aged children at the Pūnana Leo and established a boycott school called Kula Kaiapuni Hawai‘i or Hawaiian surrounding environment school. In Honolulu, Pūnana Leo children were assigned to a bilingual program taught by a speaker of the Philippine language, Ilocano. In 1987, after assistance from the legislature, a new administration in the Department of Education, and Dorothy Lazore of the Mohawk immersion program in Canada, the state established two experimental schools that they called Hawaiian language immersion schools and which Pūnana Leo families continued to call Kula Kaiapuni Hawai‘i. These initial schools were actually streams of Hawaiian classes within an English medium school with a staff and administration that knew no Hawaiian. Many Hawaiian language immersion schools continue with this model today.

Over the next decade Pūnana Leo and Kula Kaiapuni Hawai‘i parents, with the support of ‘Aha Pūnana Leo, struggled to develop and expand Kula Kaiapuni Hawai‘i and Hawaiian language education in general to the level that had existed prior to it being banned at the turn of the century. We sought full education through Hawaiian from preschool through high school. We sought teaching English as a second language beginning in fifth grade and having English taught through the medium of Hawaiian if the school so chose. We sought a guarantee that any Hawaiian speaking child would be guaranteed the right to education

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through the Hawaiian medium in the same way that any English speaking child had the right to be educated in English in Hawai‘i. We sought the hiring of teachers who were certified as having fluency in Hawaiian that was equal to the level of English fluency required in the English medium classrooms. We sought text books and other teaching materials in Hawaiian. We sought the right to bus service to Kula Kaiapuni Hawai‘i for all children attending in the same way that children attending English language schools all have the right to bus transportation to their schools. We sought testing in Hawaiian for our children in the same way that children in English schools had their children tested through the language of the school. Finally we sought to establish total Hawaiian medium schools where the principal, librarian, cooks, and entire staff spoke Hawaiian.

There have been many victories. Pūnana Leo language nests have expanded to eleven sites throughout Hawai‘i. In these same communities, parents fought for a new Kula Kaiapuni Hawai‘i to be established, often by first holding a boycott school at the local Pūnana Leo. So far, Kula Kaiapuni Hawai‘i have subsequently opened in these communities. State and federal funds have been appropriated for curriculum development and teacher training. Although much needs to be done in this area, children are being provided with classroom materials. The ‘Aha Pūnana Leo is a major source of such curriculum, including technological support through a statewide Hawaiian language based computer system and printed and non-printed materials in Hawaiian.

The State Board of Education rewarded the resolve of Pūnana Leo and Kula Kaiapuni Hawai‘i families by allowing the establishment of Hawaiian medium education through grade 12. We have been successful in having the state approve teaching English as a course beginning in grade five and continuing on as a yearly course through high school. The state also agreed to establish two schools taught and administered solely through the Hawaiian language. The state established one such school on its own called Ke Kula Kaiapuni ‘O Ānuenue, but this site has had to continue to battle state policies that treat Hawaiian as secondary to English. Ānuenue has an elementary through high school program in Hawaiian. Other than Ānuenue and Pūnana Leo k-12 model sites described later below, Kula Kaiapuni Hawai‘i feed into English intermediate and high schools where some courses are taught through Hawaiian and others are taught through English.

Areas that still need attention are a guarantee that Hawaiian speaking children may choose Hawaiian medium education and receive transportation to their schools. The state generally treats Hawaiian language education as if it were enrichment, foreign language education. Because of this perspective, Hawaiian speaking children are seen as having no right to education in Hawaiian. Furthermore, fluency in Hawaiian is not a minimum qualification for employment in Kula Kaiapuni Hawai‘i. This policy has resulted in some teachers being hired who were less fluent in Hawaiian than incoming Pūnana Leo children. Hawaiian fluency among administrative and support staff is supported even less in any totally state run Kula Kaiapuni Hawai‘i due to union contracts similar to those that hinder the requirement of Hawaiian fluency for teachers. Testing of students in Kula Kaiapuni Hawai‘i through Hawaiian has not been provided in spite of federal government recognition that national standardized tests as used in Hawai‘i are biased against minority children even when such children are educated through English in that such tests do not have a distinct minority

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culture focus. In spite of the lack of tests in Hawaiian focusing on the unique content and approach of Kula Kaiapuni Hawai‘i, students in these schools appear to be outperforming the average for Hawaiian children in Hawai‘i public schools.

The ‘Aha Pūnana Leo has strived to bring Kula Kaiapuni Hawai‘i to a higher level by forming special sites with model laboratory schools where Hawaiian is the administrative and operational language as well as the classroom language. This has been done in cooperation with the Department of Education and the laboratory school program of Ka Haka ‘Ula O Ke‘elikōlani College of Hawaiian Language of the University of Hawai‘i at Hilo. These schools were initially developed primarily because the Department of Education has not been able to actuate plans to develop such sites on its own. Presently, three such schools are in operation. One, Ke Kula Ni‘ihau O Kekaha, in Kekaha on the island of Kaua‘i is open to all native speakers of the Ni‘ihau dialect of Hawaiian. It strives to develop a total Ni‘ihau dialect speaking teaching and support staff. Another, Ke Kula ‘o S. M. Kamakau in Kāne‘ohe on the island of O‘ahu, is home to a Pūnana Leo as well as the K-12 program. Ke Kula o Kamakau strives to enroll whole families into the program, providing comprehensive multi-age grouped programming for children and complimentary programming for adults. The third school, Ke Kula ‘O Nāwahīokalani‘ōpu‘u, is also home to a Pūnana Leo and K-1 school. The location of Nāwahīokalani‘ōpu‘u on ‘APL controlled property has allowed for the development of an extensive program of environmental/agriculture science and student involvement with ‘Aha Pūnana Leo curriculum development and outreach programs. A consortium agreement with Ka Haka ‘Ula O Ke‘elikōlani College has allowed for early enrollment in college courses as well. During their senior year, the first graduating class at Nāwahīokalani‘ōpu‘u concurrently enrolled for between nine and eleven college credits each, earning college grade point averages ranging from 2.9 to 3.5. They not only succeeded in these courses taught through English, but they all also passed the English composition placement examination which many Hawaiian students from English medium high schools have difficulty passing.

The first students educated entirely in Hawaiian graduated in 1999. This group of eleven students from Ke Kula ‘O Ānuenue (6) and Ke Kula ‘O Nāwahīokalani‘ōpu‘u (5) were the first to graduate from totally Hawaiian medium schools in over one hundred years. In the 2005-2006 school year, there were approximately 2,000 students enrolled in programs taught through Hawaiian from preschool through high school. In addition, there has been much growth in the teaching of Hawaiian at other levels. Of particular note is the expansion of the ‘Aha Pūnana Leo's consortium partner at the University of Hawai‘i at Hilo to become Ka Haka ‘Ula O Ke‘elikōlani College of Hawaiian Language, the first Native American language college in the United States. This college offers an MA in Hawaiian language and literature which is the first MA in a specific Native American language and also a teaching certificate taught through Hawaiian, another first for a Native American language. The successes demonstrated in programs developed by the consortium led to the approval of Doctorate Degree Program to the Hawaiian Language College.

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Appendix 5 (A & B)

Popularity of Bilingualism in Canada

A. From: http://www.officiallanguages.gc.ca/html/anniversary_anniversaire_e.php

40th anniversary

2008–2009 Annual Report

On May 26, 2009, the Commissioner of Official Languages released his 2008–2009 annual report, in which one chapter is devoted to the 40 years of the Official Languages Act.

The Official Languages Act is celebrating its 40th anniversary. So much has changed since 1969! Over time, Canada has grown from a country where English predominates to a country proud of its two official languages. Support for bilingualism among Canadians is at an all-time high, and dynamic official language communities are thriving across the country.

The enactment of the Act, combined with several other factors, triggered a series of advances in all areas of society. It is therefore an important milestone of our history that we are celebrating today.

I invite you to take advantage of this anniversary to look back on the progress we have made, celebrate our achievements and our victories, and reflect on the future of our official languages.

Happy anniversary!

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B. Canada's Performance Report 2006-07 – Annexes

http://www.tbs-sct.gc.ca/reports-rapports/cp-rc/2006-2007/ann/ann12-eng.asp

A diverse society that promotes linguistic duality and social inclusion

Indicators

Attitudes toward diversityAttitudes toward linguistic dualityVolunteerismPolitical participation

Attitudes toward diversity

Current performance and trends

As an attitude toward diversity, personal tolerance of others increased slightly between 1991 and 2004. For example, 29.0 per cent of Canadians believe they are more tolerant toward ethnic groups, an increase of 6 percentage points; 65.0 per cent feel there has been no change, an increase of 3.0 per cent; and 8.0 per cent believe they are less tolerant, a decrease of 2.0 per cent.

Meanwhile, support for affirmative action and employment equity declined between 1985 and 2004, falling from 44.0 per cent to 28.0 per cent of Canadians agreeing with the idea that

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"Government should require employers to advance non-whites to higher positions." (Environics, 2004 Focus Canada–Multiculturalism and Ethnic Tolerance)

Attitudes toward linguistic duality

Current performance and trends

In 2006, 72 per cent of Canadians said they personally favour bilingualism for all of Canada, representing a 16-per-cent increase since 2003 (56 per cent).

This increase is due to greater support from Anglophones. In fact, the gap between Anglophones' and Francophones' support for bilingualism for all of Canada has gradually diminished over the years. While the support among Anglophones increased by 14per cent from 1991 to 2003 (a 12-year period), it grew by a robust 19 per cent from 2003 to 2006. Meanwhile, the percentage of Francophones in favour of bilingualism in Canada stayed relatively stable between 2003 and 2006, moving from 88 per cent to 90 per cent.

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Moreover, the Canadian public continues to view bilingualism as an advantage, both in personal and economic terms. In 2006, 68.7 per cent of Canadians agree that having French as well as English spoken in Canada enhances employment and business opportunities for all Canadians.

Finally, seven out of 10 Canadians think that living in a country with two official languages is one of the things that really define what it means to be Canadian. (Decima Research, The Evolution of Public Opinion on Official Languages in Canada, 2006)

Additional Information:

Public opinion polls indicated that most (82%) of Canadians agree that Canada's multicultural make-up is one of the best things about Canada. This represents a 5 point increase from when Canadians were asked about this topic in 1993. (Ipsos Reid, Public Release Date: June 17, 2007)

Nearly two-thirds of Canadians aged 12 and over have a strong sense of belonging to their local community. Residents of Atlantic Canada reported stronger feelings of community belonging, with Newfoundland and Labrador reporting the highest rates in the country. The findings also showed associations between community belonging and self-perceived general health–two-thirds of those who felt a very strong or somewhat strong sense of community belonging also reported excellent or very good general health. (Statistics Canada, The Daily, December 21, 2005)

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Appendix 6 (A & B)

A. Canada Official Languages Act

Website: http://laws.justice.gc.ca/en/ShowFullDoc/cs/O-3.01//20090812/en

 Official Languages Act ( 1985, c. 31 (4th Supp.) ) Act current to June 22nd, 2009Attention: See coming into force provision and notes, where applicable.Table Of Contents    

Official Languages Act

1985, c. 31 (4th Supp.)

An Act respecting the status and use of the official languages of Canada

NOTE

[1988, c. 38, assented to 28th July, 1988]

Preamble

WHEREAS the Constitution of Canada provides that English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada;

AND WHEREAS the Constitution of Canada provides for full and equal access to Parliament, to the laws of Canada and to courts established by Parliament in both official languages;

AND WHEREAS the Constitution of Canada also provides for guarantees relating to the right of any member of the public to communicate with, and to receive available services

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from, any institution of the Parliament or government of Canada in either official language;

AND WHEREAS officers and employees of institutions of the Parliament or government of Canada should have equal opportunities to use the official language of their choice while working together in pursuing the goals of those institutions;

AND WHEREAS English-speaking Canadians and French-speaking Canadians should, without regard to their ethnic origin or first language learned, have equal opportunities to obtain employment in the institutions of the Parliament or government of Canada;

AND WHEREAS the Government of Canada is committed to achieving, with due regard to the principle of selection of personnel according to merit, full participation of English-speaking Canadians and French-speaking Canadians in its institutions;

AND WHEREAS the Government of Canada is committed to enhancing the vitality and supporting the development of English and French linguistic minority communities, as an integral part of the two official language communities of Canada, and to fostering full recognition and use of English and French in Canadian society;

AND WHEREAS the Government of Canada is committed to cooperating with provincial governments and their institutions to support the development of English and French linguistic minority communities, to provide services in both English and French, to respect the constitutional guarantees of minority language educational rights and to enhance opportunities for all to learn both English and French;

AND WHEREAS the Government of Canada is committed to enhancing the bilingual character of the National Capital Region and to encouraging the business community, labour organizations and voluntary organizations in Canada to foster the recognition and use of English and French;

AND WHEREAS the Government of Canada recognizes the importance of preserving and enhancing the use of languages other than English and French while strengthening the status and use of the official languages;

NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

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1. This Act may be cited as the Official Languages Act.

PURPOSE OF ACT

Purpose

2. The purpose of this Act is to

(a) ensure respect for English and French as the official languages of Canada and ensure equality of status and equal rights and privileges as to their use in all federal institutions, in particular with respect to their use in parliamentary proceedings, in legislative and other instruments, in the administration of justice, in communicating with or providing services to the public and in carrying out the work of federal institutions;

(b) support the development of English and French linguistic minority communities and generally advance the equality of status and use of the English and French languages within Canadian society; and

(c) set out the powers, duties and functions of federal institutions with respect to the official languages of Canada.

INTERPRETATION

Definitions

3. (1) In this Act,

"Commissioner" « commissaire »

"Commissioner" means the Commissioner of Official Languages for Canada appointed under section 49;

"Crown corporation" « sociétés d’État »

"Crown corporation" means

(a) a corporation that is ultimately accountable, through a Minister, to Parliament for the conduct of its affairs, and

(b) a parent Crown corporation or a wholly-owned subsidiary, within the meaning of section

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83 of the Financial Administration Act;

"department" « ministère »

"department" means a department as defined in section 2 of the Financial Administration Act;

"federal institution" « institutions fédérales »

"federal institution" includes any of the following institutions of the Parliament or government of Canada:

(a) the Senate,

(b) the House of Commons,

(c) the Library of Parliament,

(c.1) the office of the Senate Ethics Officer and the office of the Conflict of Interest and Ethics Commissioner,

(d) any federal court,

(e) any board, commission or council, or other body or office, established to perform a governmental function by or pursuant to an Act of Parliament or by or under the authority of the Governor in Council,

(f) a department of the Government of Canada,

(g) a Crown corporation established by or pursuant to an Act of Parliament, and

(h) any other body that is specified by an Act of Parliament to be an agent of Her Majesty in right of Canada or to be subject to the direction of the Governor in Council or a minister of the Crown,

but does not include

(i) any institution of the Council or government of the Northwest Territories or of the Legislative Assembly or government of Yukon or Nunavut, or

(j) any Indian band, band council or other body established to perform a governmental

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function in relation to an Indian band or other group of aboriginal people;

"National Capital Region" « région de la capitale nationale »

"National Capital Region" means the National Capital Region described in the schedule to the National Capital Act.

Definition of “federal court”

(2) In this section and in Parts II and III, "federal court" means any court, tribunal or other body that carries out adjudicative functions and is established by or pursuant to an Act of Parliament.

R.S., 1985, c. 31 (4th Supp.), s. 3; 1993, c. 28, s. 78; 2002, c. 7, s. 224; 2004, c. 7, s. 26; 2006, c. 9, s. 20.

PART IPROCEEDINGS OF PARLIAMENT

Official languages of Parliament

4. (1) English and French are the official languages of Parliament, and everyone has the right to use either of those languages in any debates and other proceedings of Parliament.

Simultaneous interpretation

(2) Facilities shall be made available for the simultaneous interpretation of the debates and other proceedings of Parliament from one official language into the other.

Official reports

(3) Everything reported in official reports of debates or other proceedings of Parliament shall be reported in the official language in which it was said and a translation thereof into the other official language shall be included therewith.

PART IILEGISLATIVE AND OTHER INSTRUMENTS

Journals and other records

5. The journals and other records of Parliament shall be made and kept, and shall be printed and published, in both official languages.

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Acts of Parliament

6. All Acts of Parliament shall be enacted, printed and published in both official languages.

Legislative instruments

7. (1) Any instrument made in the execution of a legislative power conferred by or under an Act of Parliament that

(a) is made by, or with the approval of, the Governor in Council or one or more ministers of the Crown,

(b) is required by or pursuant to an Act of Parliament to be published in the Canada Gazette, or

(c) is of a public and general nature

shall be made in both official languages and, if printed and published, shall be printed and published in both official languages.

Instruments under prerogative or other executive power

(2) All instruments made in the exercise of a prerogative or other executive power that are of a public and general nature shall be made in both official languages and, if printed and published, shall be printed and published in both official languages.

Exceptions

(3) Subsection (1) does not apply to

(a) an ordinance of the Northwest Territories or a law made by the Legislature of Yukon or the Legislature for Nunavut, or any instrument made under any such ordinance or law, or

(b) a by-law, law or other instrument of an Indian band, band council or other body established to perform a governmental function in relation to an Indian band or other group of aboriginal people,

by reason only that the ordinance, by-law, law or other instrument is of a public and general nature.

R.S., 1985, c. 31 (4th Supp.), s. 7; 1993, c. 28, s. 78; 2002, c. 7, s. 225.

Documents in Parliament

8. Any document made by or under the authority of a federal institution that is tabled in the

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Senate or the House of Commons by the Government of Canada shall be tabled in both official languages.

Rules, etc., governing practice and procedure

9. All rules, orders and regulations governing the practice or procedure in any proceedings before a federal court shall be made, printed and published in both official languages.

International treaties

10. (1) The Government of Canada shall take all possible measures to ensure that any treaty or convention between Canada and one or more other states is authenticated in both official languages.

Federal-provincial agreements

(2) The Government of Canada has the duty to ensure that the following classes of agreements between Canada and one or more provinces are made in both official languages and that both versions are equally authoritative:

(a) agreements that require the authorization of Parliament or the Governor in Council to be effective;

(b) agreements entered into with one or more provinces where English and French are declared to be the official languages of any of those provinces or where any of those provinces requests that the agreement be made in English and French; and

(c) agreements entered into with two or more provinces where the governments of those provinces do not use the same official language.

Regulations

(3) The Governor in Council may make regulations prescribing the circumstances in which any class, specified in the regulations, of agreements that are made between Canada and one or more other states or between Canada and one or more provinces

(a) must be made in both official languages;

(b) must be made available in both official languages at the time of signing or publication; or

(c) must, on request, be translated.

Notices, advertisements and other matters that are published

11. (1) A notice, advertisement or other matter that is required or authorized by or pursuant to

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an Act of Parliament to be published by or under the authority of a federal institution primarily for the information of members of the public shall,

(a) wherever possible, be printed in one of the official languages in at least one publication in general circulation within each region where the matter applies that appears wholly or mainly in that language and in the other official language in at least one publication in general circulation within each region where the matter applies that appears wholly or mainly in that other language; and

(b) where there is no publication in general circulation within a region where the matter applies that appears wholly or mainly in English or no such publication that appears wholly or mainly in French, be printed in both official languages in at least one publication in general circulation within that region.

Equal prominence

(2) Where a notice, advertisement or other matter is printed in one or more publications pursuant to subsection (1), it shall be given equal prominence in each official language.

Instruments directed to the public

12. All instruments directed to or intended for the notice of the public, purporting to be made or issued by or under the authority of a federal institution, shall be made or issued in both official languages.

Both versions simultaneous and equally authoritative

13. Any journal, record, Act of Parliament, instrument, document, rule, order, regulation, treaty, convention, agreement, notice, advertisement or other matter referred to in this Part that is made, enacted, printed, published or tabled in both official languages shall be made, enacted, printed, published or tabled simultaneously in both languages, and both language versions are equally authoritative.

PART IIIADMINISTRATION OF JUSTICE

Official languages of federal courts

14. English and French are the official languages of the federal courts, and either of those languages may be used by any person in, or in any pleading in or process issuing from, any federal court.

Hearing of witnesses in official language of choice

15. (1) Every federal court has, in any proceedings before it, the duty to ensure that any

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person giving evidence before it may be heard in the official language of his choice, and that in being so heard the person will not be placed at a disadvantage by not being heard in the other official language.

Duty to provide simultaneous interpretation

(2) Every federal court has, in any proceedings conducted before it, the duty to ensure that, at the request of any party to the proceedings, facilities are made available for the simultaneous interpretation of the proceedings, including the evidence given and taken, from one official language into the other.

Federal court may provide simultaneous interpretation

(3) A federal court may, in any proceedings conducted before it, cause facilities to be made available for the simultaneous interpretation of the proceedings, including evidence given and taken, from one official language into the other where it considers the proceedings to be of general public interest or importance or where it otherwise considers it desirable to do so for members of the public in attendance at the proceedings.

Duty to ensure understanding without an interpreter

16. (1) Every federal court, other than the Supreme Court of Canada, has the duty to ensure that

(a) if English is the language chosen by the parties for proceedings conducted before it in any particular case, every judge or other officer who hears those proceedings is able to understand English without the assistance of an interpreter;

(b) if French is the language chosen by the parties for proceedings conducted before it in any particular case, every judge or other officer who hears those proceedings is able to understand French without the assistance of an interpreter; and

(c) if both English and French are the languages chosen by the parties for proceedings conducted before it in any particular case, every judge or other officer who hears those proceedings is able to understand both languages without the assistance of an interpreter.

Adjudicative functions

(2) For greater certainty, subsection (1) applies to a federal court only in relation to its adjudicative functions.

Limitation

(3) No federal court, other than the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, is required to comply with subsection (1) until five years after that

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subsection comes into force.

R.S., 1985, c. 31 (4th Supp.), s. 16; 2002, c. 8, s. 155.

Authority to make implementing rules

17. (1) The Governor in Council may make any rules governing the procedure in proceedings before any federal court, other than the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court or the Tax Court of Canada, including rules respecting the giving of notice, that the Governor in Council deems necessary to enable that federal court to comply with sections 15 and 16 in the exercise of any of its powers or duties.

Supreme Court, Federal Court of Appeal, Federal Court and Tax Court of Canada

(2) Subject to the approval of the Governor in Council, the Supreme Court of Canada, the Federal Court of Appeal, the Federal Court and the Tax Court of Canada may make any rules governing the procedure in their own proceedings, including rules respecting the giving of notice, that they deem necessary to enable themselves to comply with sections 15 and 16 in the exercise of any of their powers or duties.

R.S., 1985, c. 31 (4th Supp.), s. 17; 2002, c. 8, s. 156.

Language of civil proceedings where Her Majesty is a party

18. Where Her Majesty in right of Canada or a federal institution is a party to civil proceedings before a federal court,

(a) Her Majesty or the institution concerned shall use, in any oral or written pleadings in the proceedings, the official language chosen by the other parties unless it is established by Her Majesty or the institution that reasonable notice of the language chosen has not been given; and

(b) if the other parties fail to choose or agree on the official language to be used in those pleadings, Her Majesty or the institution concerned shall use such official language as is reasonable, having regard to the circumstances.

Bilingual forms

19. (1) The pre-printed portion of any form that is used in proceedings before a federal court and is required to be served by any federal institution that is a party to the proceedings on any other party shall be in both official languages.

Particular details

(2) The particular details that are added to a form referred to in subsection (1) may be set out

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in either official language but, where the details are set out in only one official language, it shall be clearly indicated on the form that a translation of the details into the other official language may be obtained, and, if a request for a translation is made, a translation shall be made available forthwith by the party that served the form.

Decisions, orders and judgments that must be made available simultaneously

20. (1) Any final decision, order or judgment, including any reasons given therefor, issued by any federal court shall be made available simultaneously in both official languages where

(a) the decision, order or judgment determines a question of law of general public interest or importance; or

(b) the proceedings leading to its issuance were conducted in whole or in part in both official languages.

Other decisions, orders and judgments

(2) Where

(a) any final decision, order or judgment issued by a federal court is not required by subsection (1) to be made available simultaneously in both official languages, or

(b) the decision, order or judgment is required by paragraph (1)(a) to be made available simultaneously in both official languages but the court is of the opinion that to make the decision, order or judgment, including any reasons given therefor, available simultaneously in both official languages would occasion a delay prejudicial to the public interest or resulting in injustice or hardship to any party to the proceedings leading to its issuance,

the decision, order or judgment, including any reasons given therefor, shall be issued in the first instance in one of the official languages and thereafter, at the earliest possible time, in the other official language, each version to be effective from the time the first version is effective.

Oral rendition of decisions not affected

(3) Nothing in subsection (1) or (2) shall be construed as prohibiting the oral rendition or delivery, in only one of the official languages, of any decision, order or judgment or any reasons given therefor.

Decisions not invalidated

(4) No decision, order or judgment issued by a federal court is invalid by reason only that it was not made or issued in both official languages.

PART IV

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COMMUNICATIONS WITH AND SERVICES TO THE PUBLIC

Communications and Services

Rights relating to language of communication

21. Any member of the public in Canada has the right to communicate with and to receive available services from federal institutions in accordance with this Part.

Where communications and services must be in both official languages

22. Every federal institution has the duty to ensure that any member of the public can communicate with and obtain available services from its head or central office in either official language, and has the same duty with respect to any of its other offices or facilities

(a) within the National Capital Region; or

(b) in Canada or elsewhere, where there is significant demand for communications with and services from that office or facility in that language.

Travelling public

23. (1) For greater certainty, every federal institution that provides services or makes them available to the travelling public has the duty to ensure that any member of the travelling public can communicate with and obtain those services in either official language from any office or facility of the institution in Canada or elsewhere where there is significant demand for those services in that language.

Services provided pursuant to a contract

(2) Every federal institution has the duty to ensure that such services to the travelling public as may be prescribed by regulation of the Governor in Council that are provided or made available by another person or organization pursuant to a contract with the federal institution for the provision of those services at an office or facility referred to in subsection (1) are provided or made available, in both official languages, in the manner prescribed by regulation of the Governor in Council.

Nature of the office

24. (1) Every federal institution has the duty to ensure that any member of the public can communicate in either official language with, and obtain available services in either official language from, any of its offices or facilities in Canada or elsewhere

(a) in any circumstances prescribed by regulation of the Governor in Council that relate to any of the following:

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(i) the health, safety or security of members of the public,

(ii) the location of the office or facility, or

(iii) the national or international mandate of the office; or

(b) in any other circumstances prescribed by regulation of the Governor in Council where, due to the nature of the office or facility, it is reasonable that communications with and services from that office or facility be available in both official languages.

Institutions reporting directly to Parliament

(2) Any federal institution that reports directly to Parliament on any of its activities has the duty to ensure that any member of the public can communicate with and obtain available services from all of its offices or facilities in Canada or elsewhere in either official language.

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(3) Without restricting the generality of subsection (2), the duty set out in that subsection applies in respect of

(a) the Office of the Commissioner of Official Languages;

(b) the Office of the Chief Electoral Officer;

(b.1) the Office of the Public Sector Integrity Commissioner;

(c) the Office of the Auditor General;

(d) the Office of the Information Commissioner;

(e) the Office of the Privacy Commissioner; and

(f) the Office of the Commissioner of Lobbying.

R.S., 1985, c. 31 (4th Supp.), s. 24; 2005, c. 46, s. 56.5; 2006, c. 9, ss. 96, 222.

Services Provided on behalf of Federal Institutions

Where services provided on behalf of federal institutions

25. Every federal institution has the duty to ensure that, where services are provided or made available by another person or organization on its behalf, any member of the public in Canada or elsewhere can communicate with and obtain those services from that person or organization in either official language in any case where those services, if provided by the institution,

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would be required under this Part to be provided in either official language.

Regulatory Activities of Federal Institutions

Regulatory activities relating to health, safety and security of public

26. Every federal institution that regulates persons or organizations with respect to any of their activities that relate to the health, safety or security of members of the public has the duty to ensure, through its regulation of those persons or organizations, wherever it is reasonable to do so in the circumstances, that members of the public can communicate with and obtain available services from those persons or organizations in relation to those activities in both official languages.

General

Obligations relating to communications and services

27. Wherever in this Part there is a duty in respect of communications and services in both official languages, the duty applies in respect of oral and written communications and in respect of any documents or activities that relate to those communications or services.

Active offer

28. Every federal institution that is required under this Part to ensure that any member of the public can communicate with and obtain available services from an office or facility of that institution, or of another person or organization on behalf of that institution, in either official language shall ensure that appropriate measures are taken, including the provision of signs, notices and other information on services and the initiation of communication with the public, to make it known to members of the public that those services are available in either official language at the choice of any member of the public.

Signs identifying offices

29. Where a federal institution identifies any of its offices or facilities with signs, each sign shall include both official languages or be placed together with a similar sign of equal prominence in the other official language.

Manner of communicating

30. Subject to Part II, where a federal institution is engaged in communications with members of the public in both official languages as required in this Part, it shall communicate by using such media of communication as will reach members of the public in the official language of their choice in an effective and efficient manner that is consistent with the purposes of this

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Act.

Relationship to Part V

31. In the event of any inconsistency between this Part and Part V, this Part prevails to the extent of the inconsistency.

Regulations

Regulations

32. (1) The Governor in Council may make regulations

(a) prescribing the circumstances in which there is significant demand for the purpose of paragraph 22(b) or subsection 23(1);

(b) prescribing circumstances not otherwise provided for under this Part in which federal institutions have the duty to ensure that any member of the public can communicate with and obtain available services from offices of the institution in either official language;

(c) prescribing services, and the manner in which those services are to be provided or made available, for the purpose of subsection 23(2);

(d) prescribing circumstances, in relation to the public or the travelling public, for the purpose of paragraph 24(1)(a) or (b); and

(e) defining the expression “English or French linguistic minority population” for the purpose of paragraph (2)(a).

Where circumstances prescribed under paragraph (1)(a) or (b)

(2) In prescribing circumstances under paragraph (1)(a) or (b), the Governor in Council may have regard to

(a) the number of persons composing the English or French linguistic minority population of the area served by an office or facility, the particular characteristics of that population and the proportion of that population to the total population of that area;

(b) the volume of communications or services between an office or facility and members of the public using each official language; and

(c) any other factors that the Governor in Council considers appropriate.

Regulations

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33. The Governor in Council may make any regulations that the Governor in Council deems necessary to foster actively communications with and services from offices or facilities of federal institutions — other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner — in both official languages, if those communications and services are required under this Part to be provided in both official languages.

R.S., 1985, c. 31 (4th Supp.), s. 33; 2004, c. 7, s. 27; 2006, c. 9, s. 21.

PART VLANGUAGE OF WORK

Rights relating to language of work

34. English and French are the languages of work in all federal institutions, and officers and employees of all federal institutions have the right to use either official language in accordance with this Part.

Duties of government

35. (1) Every federal institution has the duty to ensure that

(a) within the National Capital Region and in any part or region of Canada, or in any place outside Canada, that is prescribed, work environments of the institution are conducive to the effective use of both official languages and accommodate the use of either official language by its officers and employees; and

(b) in all parts or regions of Canada not prescribed for the purpose of paragraph (a), the treatment of both official languages in the work environments of the institution in parts or regions of Canada where one official language predominates is reasonably comparable to the treatment of both official languages in the work environments of the institution in parts or regions of Canada where the other official language predominates.

Regions of Canada prescribed

(2) The regions of Canada set out in Annex B of the part of the Treasury Board and Public Service Commission Circular No. 1977-46 of September 30, 1977 that is entitled “Official Languages in the Public Service of Canada: A Statement of Policies” are prescribed for the purpose of paragraph (1)(a).

Minimum duties in relation to prescribed regions

36. (1) Every federal institution has the duty, within the National Capital Region and in any part or region of Canada, or in any place outside Canada, that is prescribed for the purpose of

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paragraph 35(1)(a), to

(a) make available in both official languages to officers and employees of the institution

(i) services that are provided to officers and employees, including services that are provided to them as individuals and services that are centrally provided by the institution to support them in the performance of their duties, and

(ii) regularly and widely used work instruments produced by or on behalf of that or any other federal institution;

(b) ensure that regularly and widely used automated systems for the processing and communication of data acquired or produced by the institution on or after January 1, 1991 can be used in either official language; and

(c) ensure that,

(i) where it is appropriate or necessary in order to create a work environment that is conducive to the effective use of both official languages, supervisors are able to communicate in both official languages with officers and employees of the institution in carrying out their supervisory responsibility, and

(ii) any management group that is responsible for the general direction of the institution as a whole has the capacity to function in both official languages.

Additional duties in prescribed regions

(2) Every federal institution has the duty to ensure that, within the National Capital Region and in any part or region of Canada, or in any place outside Canada, that is prescribed for the purpose of paragraph 35(1)(a), such measures are taken in addition to those required under subsection (1) as can reasonably be taken to establish and maintain work environments of the institution that are conducive to the effective use of both official languages and accommodate the use of either official language by its officers and employees.

Special duties for institutions directing or providing services to others

37. Every federal institution that has authority to direct, or provides services to, other federal institutions has the duty to ensure that it exercises its powers and carries out its duties in relation to those other institutions in a manner that accommodates the use of either official language by officers and employees of those institutions.

Regulations

38. (1) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics

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Officer or office of the Conflict of Interest and Ethics Commissioner,

(a) prescribing, in respect of any part or region of Canada or any place outside Canada,

(i) any services or work instruments that are to be made available by those institutions in both official languages to officers or employees of those institutions,

(ii) any automated systems for the processing and communication of data that must be available for use in both official languages, and

(iii) any supervisory or management functions that are to be carried out by those institutions in both official languages;

(b) prescribing any other measures that are to be taken, within the National Capital Region and in any part or region of Canada, or in any place outside Canada, that is prescribed for the purpose of paragraph 35(1)(a), to establish and maintain work environments of those institutions that are conducive to the effective use of both official languages and accommodate the use of either official language by their officers and employees;

(c) requiring that either or both official languages be used in communications with offices of those institutions that are located in any part or region of Canada, or any place outside Canada, specified in the regulations;

(d) prescribing the manner in which any duties of those institutions under this Part or the regulations made under this Part in relation to the use of both official languages are to be carried out; and

(e) prescribing obligations of those institutions in relation to the use of the official languages of Canada by the institutions in respect of offices in parts or regions of Canada not prescribed for the purpose of paragraph 35(1)(a), having regard to the equality of status of both official languages.

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(2) The Governor in Council may make regulations

(a) adding to or deleting from the regions of Canada prescribed by subsection 35(2) or prescribing any other part or region of Canada, or any place outside Canada, for the purpose of paragraph 35(1)(a), having regard to

(i) the number and proportion of English-speaking and French-speaking officers and employees who constitute the work force of federal institutions based in the parts, regions or places prescribed,

(ii) the number and proportion of English-speaking and French-speaking persons resident in

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the parts or regions prescribed, and

(iii) any other factors that the Governor in Council considers appropriate; and

(b) substituting, with respect to any federal institution other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, a duty in relation to the use of the official languages of Canada in place of a duty under section 36 or the regulations made under subsection (1), having regard to the equality of status of both official languages, if there is a demonstrable conflict between the duty under section 36 or the regulations and the mandate of the institution.

R.S., 1985, c. 31 (4th Supp.), s. 38; 2004, c. 7, s. 28; 2006, c. 9, s. 22.

PART VIPARTICIPATION OF ENGLISH-SPEAKING AND FRENCH-SPEAKING

CANADIANS

Commitment to equal opportunities and equitable participation

39. (1) The Government of Canada is committed to ensuring that

(a) English-speaking Canadians and French-speaking Canadians, without regard to their ethnic origin or first language learned, have equal opportunities to obtain employment and advancement in federal institutions; and

(b) the composition of the work-force of federal institutions tends to reflect the presence of both the official language communities of Canada, taking into account the characteristics of individual institutions, including their mandates, the public they serve and their location.

Employment opportunities

(2) In carrying out the commitment of the Government of Canada under subsection (1), federal institutions shall ensure that employment opportunities are open to both English-speaking Canadians and French-speaking Canadians, taking due account of the purposes and provisions of Parts IV and V in relation to the appointment and advancement of officers and employees by those institutions and the determination of the terms and conditions of their employment.

Merit principle

(3) Nothing in this section shall be construed as abrogating or derogating from the principle of selection of personnel according to merit.

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Regulations

40. The Governor in Council may make such regulations as the Governor in Council deems necessary to carry out the purposes and provisions of this Part.

PART VIIADVANCEMENT OF ENGLISH AND FRENCH

Government policy

41. (1) The Government of Canada is committed to

(a) enhancing the vitality of the English and French linguistic minority communities in Canada and supporting and assisting their development; and

(b) fostering the full recognition and use of both English and French in Canadian society.

Duty of federal institutions

(2) Every federal institution has the duty to ensure that positive measures are taken for the implementation of the commitments under subsection (1). For greater certainty, this implementation shall be carried out while respecting the jurisdiction and powers of the provinces.

Regulations

(3) The Governor in Council may make regulations in respect of federal institutions, other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner, prescribing the manner in which any duties of those institutions under this Part are to be carried out.

1985, c. 31 (4th Supp.), s. 41; 2005, c. 41, s. 1; 2006, c. 9, s. 23.

Coordination

42. The Minister of Canadian Heritage, in consultation with other ministers of the Crown, shall encourage and promote a coordinated approach to the implementation by federal institutions of the commitments set out in section 41.

R.S., 1985, c. 31 (4th Supp.), s. 42; 1995, c. 11, s. 27.

Specific mandate of Minister of Canadian Heritage

43. (1) The Minister of Canadian Heritage shall take such measures as that Minister considers appropriate to advance the equality of status and use of English and French in Canadian

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society and, without restricting the generality of the foregoing, may take measures to

(a) enhance the vitality of the English and French linguistic minority communities in Canada and support and assist their development;

(b) encourage and support the learning of English and French in Canada;

(c) foster an acceptance and appreciation of both English and French by members of the public;

(d) encourage and assist provincial governments to support the development of English and French linguistic minority communities generally and, in particular, to offer provincial and municipal services in both English and French and to provide opportunities for members of English or French linguistic minority communities to be educated in their own language;

(e) encourage and assist provincial governments to provide opportunities for everyone in Canada to learn both English and French;

(f) encourage and cooperate with the business community, labour organizations, voluntary organizations and other organizations or institutions to provide services in both English and French and to foster the recognition and use of those languages;

(g) encourage and assist organizations and institutions to project the bilingual character of Canada in their activities in Canada or elsewhere; and

(h) with the approval of the Governor in Council, enter into agreements or arrangements that recognize and advance the bilingual character of Canada with the governments of foreign states.

Public consultation

(2) The Minister of Canadian Heritage shall take such measures as that Minister considers appropriate to ensure public consultation in the development of policies and review of programs relating to the advancement and the equality of status and use of English and French in Canadian society.

R.S., 1985, c. 31 (4th Supp.), s. 43; 1995, c. 11, s. 28.

Annual report to Parliament

44. The Minister of Canadian Heritage shall, within such time as is reasonably practicable after the termination of each financial year, submit an annual report to Parliament on the matters relating to official languages for which that Minister is responsible.

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R.S., 1985, c. 31 (4th Supp.), s. 44; 1995, c. 11, s. 29.

Consultation and negotiation with the provinces

45. Any minister of the Crown designated by the Governor in Council may consult and may negotiate agreements with the provincial governments to ensure, to the greatest practical extent but subject to Part IV, that the provision of federal, provincial, municipal and education services in both official languages is coordinated and that regard is had to the needs of the recipients of those services.

PART VIIIRESPONSIBILITIES AND DUTIES OF TREASURY BOARD IN RELATION TO

THE OFFICIAL LANGUAGES OF CANADA

Responsibilities of Treasury Board

46. (1) The Treasury Board has responsibility for the general direction and coordination of the policies and programs of the Government of Canada relating to the implementation of Parts IV, V and VI in all federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer and office of the Conflict of Interest and Ethics Commissioner.

Powers of Treasury Board

(2) In carrying out its responsibilities under subsection (1), the Treasury Board may

(a) establish policies, or recommend policies to the Governor in Council, to give effect to Parts IV, V and VI;

(b) recommend regulations to the Governor in Council to give effect to Parts IV, V and VI;

(c) issue directives to give effect to Parts IV, V and VI;

(d) monitor and audit federal institutions in respect of which it has responsibility for their compliance with policies, directives and regulations of Treasury Board or the Governor in Council relating to the official languages of Canada;

(e) evaluate the effectiveness and efficiency of policies and programs of federal institutions relating to the official languages of Canada;

(f) provide information to the public and to officers and employees of federal institutions relating to the policies and programs that give effect to Parts IV, V and VI; and

(g) delegate any of its powers under this section to the deputy heads or other administrative

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heads of other federal institutions.

R.S., 1985, c. 31 (4th Supp.), s. 46; 2004, c. 7, s. 29; 2006, c. 9, s. 24.

Audit reports to be made available to Commissioner

47. The President of the Public Service Human Resources Management Agency of Canada shall provide the Commissioner with any audit reports that are prepared pursuant to paragraph 46(2)(d).

R.S., 1985, c. 31 (4th Supp.), s. 47; 2005, c. 15, s. 3.

Annual report to Parliament

48. The President of the Treasury Board shall, within such time as is reasonably practicable after the termination of each financial year, submit an annual report to Parliament on the status of programs relating to the official languages of Canada in the various federal institutions in respect of which it has responsibility under section 46.

PART IXCOMMISSIONER OF OFFICIAL LANGUAGES

Office of the Commissioner

Appointment

49. (1) The Governor in Council shall, by commission under the Great Seal, appoint a Commissioner of Official Languages for Canada after consultation with the leader of every recognized party in the Senate and House of Commons and approval of the appointment by resolution of the Senate and House of Commons.

Tenure

(2) Subject to this section, the Commissioner holds office during good behaviour for a term of seven years, but may be removed for cause by the Governor in Council at any time on address of the Senate and House of Commons.

Further terms

(3) The Commissioner, on the expiration of a first or any subsequent term of office, is eligible to be re-appointed for a further term not exceeding seven years.

Interim appointment

(4) In the event of the absence or incapacity of the Commissioner or if that office is vacant,

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the Governor in Council may appoint any qualified person to hold that office in the interim for a term not exceeding six months, and that person shall, while holding office, be paid the salary or other remuneration and expenses that may be fixed by the Governor in Council.

1985, c. 31 (4th Supp.), s. 49; 2006, c. 9, s. 111.

Rank, powers and duties generally

50. (1) The Commissioner shall rank as and have all the powers of a deputy head of a department, shall engage exclusively in the duties of the office of the Commissioner and shall not hold any other office under Her Majesty or engage in any other employment.

Salary and expenses

(2) The Commissioner shall be paid a salary equal to the salary of a judge of the Federal Court, other than the Chief Justice of that Court, and is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of residence in the course of his or her duties.

R.S., 1985, c. 31 (4th Supp.), s. 50; 2002, c. 8, s. 157.

Staff

51. Such officers and employees as are necessary for the proper conduct of the work of the office of the Commissioner shall be appointed in the manner authorized by law.

Technical assistance

52. The Commissioner may engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties of his office and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons.

Public Service Superannuation Act

53. The Commissioner and the officers and employees of the office of the Commissioner appointed under section 51 shall be deemed to be persons employed in the public service for the purposes of the Public Service Superannuation Act.

R.S., 1985, c. 31 (4th Supp.), s. 53; 2003, c. 22, s. 225(E).

Order exempting Commissioner from directives

54. The Governor in Council, on the recommendation of the Treasury Board, may by order

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exempt the Commissioner from any directives of the Treasury Board or the Governor in Council made under the Financial Administration Act that apply to deputy heads or other administrative heads in relation to the administration of federal institutions.

Duties and Functions of Commissioner

Duties and functions

55. The Commissioner shall carry out such duties and functions as are assigned to the Commissioner by this Act or any other Act of Parliament, and may carry out or engage in such other related assignments or activities as may be authorized by the Governor in Council.

Duty of Commissioner under Act

56. (1) It is the duty of the Commissioner to take all actions and measures within the authority of the Commissioner with a view to ensuring recognition of the status of each of the official languages and compliance with the spirit and intent of this Act in the administration of the affairs of federal institutions, including any of their activities relating to the advancement of English and French in Canadian society.

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(2) It is the duty of the Commissioner, for the purpose set out in subsection (1), to conduct and carry out investigations either on his own initiative or pursuant to any complaint made to the Commissioner and to report and make recommendations with respect thereto as provided in this Act.

Review of regulations and directives

57. The Commissioner may initiate a review of

(a) any regulations or directives made under this Act, and

(b) any other regulations or directives that affect or may affect the status or use of the official languages,

and may refer to and comment on any findings on the review in a report made to Parliament pursuant to section 66 or 67.

Investigations

Investigation of complaints

58. (1) Subject to this Act, the Commissioner shall investigate any complaint made to the

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Commissioner arising from any act or omission to the effect that, in any particular instance or case,

(a) the status of an official language was not or is not being recognized,

(b) any provision of any Act of Parliament or regulation relating to the status or use of the official languages was not or is not being complied with, or

(c) the spirit and intent of this Act was not or is not being complied with

in the administration of the affairs of any federal institution.

Who may make complaint

(2) A complaint may be made to the Commissioner by any person or group of persons, whether or not they speak, or represent a group speaking, the official language the status or use of which is at issue.

Discontinuance of investigation

(3) If in the course of investigating any complaint it appears to the Commissioner that, having regard to all the circumstances of the case, any further investigation is unnecessary, the Commissioner may refuse to investigate the matter further.

Right of Commissioner to refuse or cease investigation

(4) The Commissioner may refuse to investigate or cease to investigate any complaint if in the opinion of the Commissioner

(a) the subject-matter of the complaint is trivial;

(b) the complaint is frivolous or vexatious or is not made in good faith; or

(c) the subject-matter of the complaint does not involve a contravention or failure to comply with the spirit and intent of this Act, or does not for any other reason come within the authority of the Commissioner under this Act.

Complainant to be notified

(5) Where the Commissioner decides to refuse to investigate or cease to investigate any complaint, the Commissioner shall inform the complainant of that decision and shall give the reasons therefor.

Notice of intention to investigate

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59. Before carrying out an investigation under this Act, the Commissioner shall inform the deputy head or other administrative head of any federal institution concerned of his intention to carry out the investigation.

Investigation to be conducted in private

60. (1) Every investigation by the Commissioner under this Act shall be conducted in private.

Opportunity to answer allegations and criticisms

(2) It is not necessary for the Commissioner to hold any hearing and no person is entitled as of right to be heard by the Commissioner, but if at any time during the course of an investigation it appears to the Commissioner that there may be sufficient grounds to make a report or recommendation that may adversely affect any individual or any federal institution, the Commissioner shall, before completing the investigation, take every reasonable measure to give to that individual or institution a full and ample opportunity to answer any adverse allegation or criticism, and to be assisted or represented by counsel for that purpose.

Procedure

61. (1) Subject to this Act, the Commissioner may determine the procedure to be followed in carrying out any investigation under this Act.

Receiving and obtaining of information by officer designated

(2) The Commissioner may direct that information relating to any investigation under this Act be received or obtained, in whole or in part, by any officer of the office of the Commissioner appointed under section 51 and that officer shall, subject to such restrictions or limitations as the Commissioner may specify, have all the powers and duties of the Commissioner under this Act in relation to the receiving or obtaining of that information.

Powers of Commissioner in carrying out investigations

62. (1) The Commissioner has, in relation to the carrying out of any investigation under this Act, other than an investigation in relation to Part III, power

(a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath, and to produce such documents and things as the Commissioner deems requisite to the full investigation and consideration of any matter within his authority under this Act, in the same manner and to the same extent as a superior court of record;

(b) to administer oaths;

(c) to receive and accept such evidence and other information, whether on oath or by affidavit or otherwise, as in his discretion the Commissioner sees fit, whether or not the evidence or

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information is or would be admissible in a court of law; and

(d) subject to such limitation as may in the interests of defence or security be prescribed by regulation of the Governor in Council, to enter any premises occupied by any federal institution and carry out therein such inquiries within his authority under this Act as the Commissioner sees fit.

Threats, intimidation, discrimination or obstruction to be reported

(2) Where the Commissioner believes on reasonable grounds that

(a) an individual has been threatened, intimidated or made the object of discrimination because that individual has made a complaint under this Act or has given evidence or assisted in any way in respect of an investigation under this Act, or proposes to do so, or

(b) the Commissioner, or any person acting on behalf or under the direction of the Commissioner, has been obstructed in the performance of the Commissioner’s duties or functions under this Act,

the Commissioner may report that belief and the grounds therefor to the President of the Treasury Board and the deputy head or other administrative head of any institution concerned.

Conclusion of investigation

63. (1) If, after carrying out an investigation under this Act, the Commissioner is of the opinion that

(a) the act or omission that was the subject of the investigation should be referred to any federal institution concerned for consideration and action if necessary,

(b) any Act or regulations thereunder, or any directive of the Governor in Council or the Treasury Board, should be reconsidered or any practice that leads or is likely to lead to a contravention of this Act should be altered or discontinued, or

(c) any other action should be taken,

the Commissioner shall report that opinion and the reasons therefor to the President of the Treasury Board and the deputy head or other administrative head of any institution concerned.

Other policies to be taken into account

(2) In making a report under subsection (1) that relates to any federal institution, the Commissioner shall have regard to any policies that apply to that institution that are set out in any Act of Parliament or regulation thereunder or in any directive of the Governor in Council

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or the Treasury Board.

Recommendations

(3) The Commissioner may

(a) in a report under subsection (1) make such recommendations as he thinks fit; and

(b) request the deputy head or other administrative head of the federal institution concerned to notify the Commissioner within a specified time of the action, if any, that the institution proposes to take to give effect to those recommendations.

Where investigation carried out pursuant to complaint

64. (1) Where the Commissioner carries out an investigation pursuant to a complaint, the Commissioner shall inform the complainant and any individual by whom or on behalf of whom, or the deputy head or other administrative head of any federal institution by which or on behalf of which, an answer relating to the complaint has been made pursuant to subsection 60(2), in such manner and at such time as the Commissioner thinks proper, of the results of the investigation.

Where recommendations made

(2) Where recommendations have been made by the Commissioner under subsection 63(3) but adequate and appropriate action has not, in the opinion of the Commissioner, been taken thereon within a reasonable time after the recommendations are made, the Commissioner may inform the complainant of those recommendations and make such comments thereon as he thinks proper, and shall provide a copy of the recommendations and comments to any individual, deputy head or administrative head whom the Commissioner is required under subsection (1) to inform of the results of the investigation.

Report to Governor in Council where appropriate action not taken

65. (1) If, within a reasonable time after a report containing recommendations under subsection 63(3) is made, adequate and appropriate action has not, in the opinion of the Commissioner, been taken thereon, the Commissioner, in his discretion and after considering any reply made by or on behalf of any federal institution concerned, may transmit a copy of the report and recommendations to the Governor in Council.

Action by Governor in Council

(2) The Governor in Council may take such action as the Governor in Council considers appropriate in relation to any report transmitted under subsection (1) and the recommendations therein.

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Report to Parliament

(3) If, within a reasonable time after a copy of a report is transmitted to the Governor in Council under subsection (1), adequate and appropriate action has not, in the opinion of the Commissioner, been taken thereon, the Commissioner may make such report thereon to Parliament as he considers appropriate.

Reply to be attached to report

(4) The Commissioner shall attach to every report made under subsection (3) a copy of any reply made by or on behalf of any federal institution concerned.

Reports to Parliament

Annual report

66. The Commissioner shall, within such time as is reasonably practicable after the termination of each year, prepare and submit to Parliament a report relating to the conduct of his office and the discharge of his duties under this Act during the preceding year including his recommendations, if any, for proposed changes to this Act that the Commissioner deems necessary or desirable in order that effect may be given to it according to its spirit and intent.

Special reports

67. (1) The Commissioner may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers, duties and functions of the Commissioner where, in the opinion of the Commissioner, the matter is of such urgency or importance that a report thereon should not be deferred until the time provided for transmission of the next annual report of the Commissioner under section 66.

Reply to be attached to report

(2) The Commissioner shall attach to every report made under this section a copy of any reply made by or on behalf of any federal institution concerned.

Contents of report

68. The Commissioner may disclose in any report made under subsection 65(3) or section 66 or 67 such matters as in his opinion ought to be disclosed in order to establish the grounds for any conclusions and recommendations contained therein, but in so doing shall take every reasonable precaution to avoid disclosing any matter the disclosure of which would or might be prejudicial to the defence or security of Canada or any state allied or associated with Canada.

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Transmission of report

69. (1) Every report to Parliament made by the Commissioner under subsection 65(3) or section 66 or 67 shall be made by being transmitted to the Speaker of the Senate and to the Speaker of the House of Commons for tabling respectively in those Houses.

Reference to parliamentary committee

(2) Every report referred to in subsection (1) shall, after it is transmitted for tabling pursuant to that subsection, be referred to the committee designated or established by Parliament for the purpose of section 88.

Delegation

Delegation by Commissioner

70. The Commissioner may authorize any person to exercise or perform, subject to such restrictions or limitations as the Commissioner may specify, any of the powers, duties or functions of the Commissioner under this or any other Act of Parliament except

(a) the power to delegate under this section; and

(b) the powers, duties or functions set out in sections 63, 65 to 69 and 78.

General

Security requirements

71. The Commissioner and every person acting on behalf or under the direction of the Commissioner who receives or obtains information relating to any investigation under this Act shall, with respect to access to and the use of such information, satisfy any security requirements applicable to, and take any oath of secrecy required to be taken by, persons who normally have access to and use of such information.

Confidentiality

72. Subject to this Act, the Commissioner and every person acting on behalf or under the direction of the Commissioner shall not disclose any information that comes to their knowledge in the performance of their duties and functions under this Act.

Disclosure authorized

73. The Commissioner may disclose or may authorize any person acting on behalf or under

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the direction of the Commissioner to disclose information

(a) that, in the opinion of the Commissioner, is necessary to carry out an investigation under this Act; or

(b) in the course of proceedings before the Federal Court under Part X or an appeal therefrom.

No summons

74. The Commissioner or any person acting on behalf or under the direction of the Commissioner is not a compellable witness, in respect of any matter coming to the knowledge of the Commissioner or that person as a result of performing any duties or functions under this Act during an investigation, in any proceedings other than proceedings before the Federal Court under Part X or an appeal therefrom.

Protection of Commissioner

75. (1) No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith in the course of the exercise or performance or purported exercise or performance of any power, duty or function of the Commissioner under this Act.

Libel or slander

(2) For the purposes of any law relating to libel or slander,

(a) anything said, any information supplied or any document or thing produced in good faith in the course of an investigation by or on behalf of the Commissioner under this Act is privileged; and

(b) any report made in good faith by the Commissioner under this Act and any fair and accurate account of the report made in good faith in a newspaper or any other periodical publication or in a broadcast is privileged.

PART XCOURT REMEDY

Definition of “Court”

76. In this Part, "Court" means the Federal Court.

R.S., 1985, c. 31 (4th Supp.), s. 76; 2002, c. 8, s. 183.

Application for remedy

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77. (1) Any person who has made a complaint to the Commissioner in respect of a right or duty under sections 4 to 7, sections 10 to 13 or Part IV, V or VII, or in respect of section 91, may apply to the Court for a remedy under this Part.

Limitation period

(2) An application may be made under subsection (1) within sixty days after

(a) the results of an investigation of the complaint by the Commissioner are reported to the complainant under subsection 64(1),

(b) the complainant is informed of the recommendations of the Commissioner under subsection 64(2), or

(c) the complainant is informed of the Commissioner’s decision to refuse or cease to investigate the complaint under subsection 58(5),

or within such further time as the Court may, either before or after the expiration of those sixty days, fix or allow.

Application six months after complaint

(3) Where a complaint is made to the Commissioner under this Act but the complainant is not informed of the results of the investigation of the complaint under subsection 64(1), of the recommendations of the Commissioner under subsection 64(2) or of a decision under subsection 58(5) within six months after the complaint is made, the complainant may make an application under subsection (1) at any time thereafter.

Order of Court

(4) Where, in proceedings under subsection (1), the Court concludes that a federal institution has failed to comply with this Act, the Court may grant such remedy as it considers appropriate and just in the circumstances.

Other rights of action

(5) Nothing in this section abrogates or derogates from any right of action a person might have other than the right of action set out in this section.

1985, c. 31 (4th Supp.), s. 77; 2005, c. 41, s. 2.

Commissioner may apply or appear

78. (1) The Commissioner may

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(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.

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.

Capacity to intervene

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

Evidence relating to similar complaint

79. In proceedings under this Part relating to a complaint against a federal institution, the Court may admit as evidence information relating to any similar complaint under this Act in respect of the same federal institution.

Hearing in summary manner

80. An application made under section 77 shall be heard and determined in a summary manner in accordance with any special rules made in respect of such applications pursuant to section 46 of the Federal Courts Act.

R.S., 1985, c. 31 (4th Supp.), s. 80; 2002, c. 8, s. 182.

Costs

81. (1) Subject to subsection (2), the costs of and incidental to all proceedings in the Court under this Act shall be in the discretion of the Court and shall follow the event unless the Court orders otherwise.

Idem

(2) Where the Court is of the opinion that an application under section 77 has raised an important new principle in relation to this Act, the Court shall order that costs be awarded to

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the applicant even if the applicant has not been successful in the result.

PART XIGENERAL

Primacy of Parts I to V

82. (1) In the event of any inconsistency between the following Parts and any other Act of Parliament or regulation thereunder, the following Parts prevail to the extent of the inconsistency:

(a) Part I (Proceedings of Parliament);

(b) Part II (Legislative and other Instruments);

(c) Part III (Administration of Justice);

(d) Part IV (Communications with and Services to the Public); and

(e) Part V (Language of Work).

Canadian Human Rights Act excepted

(2) Subsection (1) does not apply to the Canadian Human Rights Act or any regulation made thereunder.

Rights relating to other languages

83. (1) Nothing in this Act abrogates or derogates from any legal or customary right acquired or enjoyed either before or after the coming into force of this Act with respect to any language that is not English or French.

Preservation and enhancement of other languages

(2) Nothing in this Act shall be interpreted in a manner that is inconsistent with the preservation and enhancement of languages other than English or French.

Consultations

84. The President of the Treasury Board, or such other minister of the Crown as may be designated by the Governor in Council, shall, at a time and in a manner appropriate to the circumstances, seek the views of members of the English and French linguistic minority communities and, where appropriate, members of the public generally on proposed regulations to be made under this Act.

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Draft of proposed regulation to be tabled

85. (1) The President of the Treasury Board, or such other minister of the Crown as may be designated by the Governor in Council, shall, where the Governor in Council proposes to make any regulation under this Act, lay a draft of the proposed regulation before the House of Commons at least thirty days before a copy of that regulation is published in the Canada Gazette under section 86.

Calculation of thirty day period

(2) In calculating the thirty day period referred to in subsection (1), there shall not be counted any day on which the House of Commons does not sit.

Publication of proposed regulation

86. (1) Subject to subsection (2), a copy of each regulation that the Governor in Council proposes to make under this Act shall be published in the Canada Gazette at least thirty days before the proposed effective date thereof, and a reasonable opportunity shall be afforded to interested persons to make representations to the President of the Treasury Board with respect thereto.

Exception

(2) No proposed regulation need be published under subsection (1) if it has previously been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection.

Calculation of thirty day period

(3) In calculating the thirty day period referred to in subsection (1), there shall not be counted any day on which neither House of Parliament sits.

Tabling of regulation

87. (1) A regulation that is proposed to be made under paragraph 38(2)(a) and prescribes any part or region of Canada for the purpose of paragraph 35(1)(a) shall be laid before each House of Parliament at least thirty sitting days before the proposed effective date thereof.

Motion to disapprove proposed regulation

(2) Where, within twenty-five sitting days after a proposed regulation is laid before either House of Parliament under subsection (1), a motion for the consideration of that House to the effect that the proposed regulation not be approved, signed by no fewer than fifteen Senators or thirty Members of the House of Commons, as the case may be, is filed with the Speaker of that House, the Speaker shall, within five sitting days after the filing of the motion, without

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debate or amendment, put every question necessary for the disposition of the motion.

Where motion adopted

(3) Where a motion referred to in subsection (2) is adopted by both Houses of Parliament, the proposed regulation to which the motion relates may not be made.

Prorogation or dissolution of Parliament

(4) Where Parliament dissolves or prorogues earlier than twenty-five sitting days after a proposed regulation is laid before both Houses of Parliament under subsection (1) and a motion has not been disposed of under subsection (2) in relation to the proposed regulation in both Houses of Parliament, the proposed regulation may not be made.

Definition of “sitting day”

(5) For the purposes of this section, "sitting day" means, in respect of either House of Parliament, a day on which that House sits.

Permanent review of Act, etc., by parliamentary committee

88. The administration of this Act, any regulations and directives made under this Act and the reports of the Commissioner, the President of the Treasury Board and the Minister of Canadian Heritage made under this Act shall be reviewed on a permanent basis by such committee of the Senate, of the House of Commons or of both Houses of Parliament as may be designated or established for that purpose.

R.S., 1985, c. 31 (4th Supp.), s. 88; 1995, c. 11, s. 30.

Section 126 of Criminal Code not applicable

89. For greater certainty, it is hereby declared that section 126 of the Criminal Code does not apply to or in respect of any contravention or alleged contravention of any provision of this Act.

Parliamentary and judicial powers, privileges and immunities saved

90. Nothing in this Act abrogates or derogates from any powers, privileges or immunities of members of the Senate or the House of Commons in respect of their personal offices and staff or of judges of any Court.

Staffing generally

91. Nothing in Part IV or V authorizes the application of official language requirements to a particular staffing action unless those requirements are objectively required to perform the

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functions for which the staffing action is undertaken.

References in Acts of Parliament to the “official languages”

92. In every Act of Parliament, a reference to the “official languages” or the “official languages of Canada” shall be construed as a reference to the languages declared by subsection 16(1) of the Canadian Charter of Rights and Freedoms to be the official languages of Canada.

Regulations

93. The Governor in Council may make regulations

(a) prescribing anything that the Governor in Council considers necessary to effect compliance with this Act in the conduct of the affairs of federal institutions other than the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner; and

(b) prescribing anything that is by this Act to be prescribed by regulation of the Governor in Council.

R.S., 1985, c. 31 (4th Supp.), s. 93; 2004, c. 7, s. 30; 2006, c. 9, s. 25.

PART XIIRELATED AMENDMENTS

94. to 99. [Amendments]

PART XIIICONSEQUENTIAL AMENDMENTS

100. to 103. [Amendments]

PART XIVTRANSITIONAL PROVISIONS, REPEAL AND COMING INTO FORCE

Transitional

104. and 105. [Repealed, R.S., 1985, c. 31 (4th Supp.), s. 106]

106. [Amendment]

Commissioner remains in office

107. The person holding office as Commissioner on the coming into force of Part IX shall

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continue in office as Commissioner and shall be deemed to have been appointed under this Act but to have been appointed at the time he was appointed under the Official Languages Act, being chapter O-2 of the Revised Statutes of Canada, 1970.

Payments to Crown corporations

108. (1) In respect of the four fiscal years immediately following the date this section comes into force, the President of the Treasury Board may make payments to Crown corporations to assist them in the timely implementation of this Act.

Appropriation

(2) Any sums required for the purpose referred to in subsection (1) shall be paid out of such moneys as may be appropriated by Parliament for that purpose.

Repeal

109. [Repeal]

Coming into Force

Coming into force

*110. This Act or any provision thereof shall come into force on a day or days to be fixed by proclamation.

* [Note: Sections 1 to 93, subsection 534(3) of the Criminal Code, as enacted by section 95, and sections 96 and 98 to 109 in force September 15, 1988, and section 97 in force February 1, 1989, see SI/88-197; section 530.1 of the Criminal Code, as enacted by section 94, shall come into force in accordance with subsection 534(2) of the Criminal Code, as enacted by section 95.]

RELATED PROVISIONS

— 2006, c. 9, par. 120(c):

Transitional — continuation in office

120. A person who holds office under one of the following provisions immediately before the day on which this section comes into force continues in office and is deemed to have been appointed under that provision, as amended by sections 109 to 111, 118 and 119, to hold

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office for the remainder of the term for which he or she had been appointed:

(c) the Commissioner of Official Languages for Canada under section 49 of the Official Languages Act;

Last updated: 2009-08-11

B. Ireland Official Languages Act

Website: http://www.achtanna.ie/en.act.2003.0032.1.html

Number 32 of 2003

[GA]

OFFICIAL LANGUAGES ACT 2003

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section1. Short title and commencement.

2. Interpretation.

3. Expenses.

4. Regulations.

PART 2

Organs of State

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5. Annual report to Houses of Oireachtas.

6. Use of official languages in Houses of Oireachtas.

7. Acts of the Oireachtas.

8. Administration of justice.

PART 3

Public Bodies

9. Duty of public bodies to use official languages on official stationery, etc.

10. Duty of public bodies to publish certain documents in both official languages simultaneously.

11. Use of official languages by public bodies.

12. Publication of guidelines by Minister.

13. Preparation of draft scheme by public body.

14. Confirmation by Minister of draft schemes.

15. Periodic review of schemes.

16. Amendment of schemes.

17. Failure to prepare a draft scheme.

18. Duty to carry out schemes.

19. Prohibition on imposition of charges by public bodies.

PART 4

An Coimisinéir Teanga

20. Establishment of Oifig Choimisinéir na dTeangacha Oifigiúla.

21. Functions of Commissioner.

22. Powers of Commissioner.

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23. Conduct of investigations.

24. Exclusions.

25. Disclosure of information.

26. Report of findings.

27. Schemes of compensation.

28. Appeals to the High Court.

29. Publication of commentaries by Commissioner on practical application, etc. of Act.

30. Reports of Commissioner.

PART 5

Placenames

31. Definitions.

32. Placenames orders.

33. Construction of words in legal documents.

34. Amendment of Ordance Survey Ireland Act 2001.

35. Repeal.

PART 6

Miscellaneous

36. Role of Ombudsman.

FIRST SCHEDULE

Public Bodies

SECOND SCHEDULE

An Coimisinéir Teanga

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Acts Referred to

British-Irish Agreement Act 1999 1999, No. 1

Civil Service Commissioners Act 1956 1956, No. 45

Civil Service Regulation Act 1956 1956, No. 46

Civil Service Regulation Acts 1956 to 1996

Data Protection Act 1988 1988, No. 25

European Assembly Elections Act 1977 1977, No. 30

European Parliament Elections Act 1993 1993, No. 30

Harbours Act 1946 1946, No. 9

Harbours Act 1996 1996, No. 11

Local Government Act 2001 2001, No. 37

Marriages (Ireland) Act 1844 6 & 7 Vict., c. 81

Ministers and Secretaries Act 1924 1924, No. 16

Ministers and Secretaries (Amendment) Act 1956 1956, No. 21

Ombudsman Act 1980 1980, No. 26

Ordnance Survey Ireland Act 2001 2001, No. 43

Place-Names (Irish Forms) Act 1973 1973, No. 24

Public Service Management Act 1997 1997, No. 27

Tribunals of Inquiry (Evidence) Acts 1921 to 2002

Number 32 of 2003

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OFFICIAL LANGUAGES ACT 2003

AN ACT TO PROMOTE THE USE OF THE IRISH LANGUAGE FOR OFFICIAL PURPOSES IN THE STATE; TO PROVIDE FOR THE USE OF BOTH OFFICIAL LANGUAGES OF THE STATE IN PARLIAMENTARY PROCEEDINGS, IN ACTS OF THE OIREACHTAS, IN THE ADMINISTRATION OF JUSTICE, IN COMMUNICATING WITH OR PROVIDING SERVICES TO THE PUBLIC AND IN CARRYING OUT THE WORK OF PUBLIC BODIES; TO SET OUT THE DUTIES OF SUCH BODIES WITH RESPECT TO THE OFFICIAL LANGUAGES OF THE STATE; AND FOR THOSE PURPOSES, TO PROVIDE FOR THE ESTABLISHMENT OF OIFIG CHOIMISINÉIR NA dTEANGACHA OIFIGIÚLA AND TO DEFINE ITS FUNCTIONS; TO PROVIDE FOR THE PUBLICATION BY THE COMMISSIONER OF CERTAIN INFORMATION RELEVANT TO THE PURPOSES OF THIS ACT; AND TO PROVIDE FOR RELATED MATTERS. [14th July, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary and General

[GA]

Short title and commencement.

1. —(1) This Act may be cited as the Official Languages Act 2003.

[GA]

(2) This Act shall come into operation on such day or days not later than 3 years after the passing of this Act as, by order or orders made by the Minister under this section, may be fixed therefor either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

[GA]

Interpretation.

2. —(1) In this Act, save where the context otherwise requires—

[GA]

“Commissioner” means, as the context may require, Oifig Choimisinéir na dTeangacha Oifigiúla established by section 20 or the holder, for the time being, of that office;

[GA]

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“court” includes a tribunal established under the Tribunals of Inquiry (Evidence) Acts 1921 to 2002;

[GA]

“draft scheme” means a draft scheme to be prepared by a public body under this Act;

[GA]

“enactment” means a statute or an instrument made under a power conferred by a statute;

[GA]

“functions” includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;

[GA]

“Gaeltacht area” means an area for the time being determined to be a Gaeltacht area by order made under section 2 of the Ministers and Secretaries (Amendment) Act 1956;

[GA]

“head” means the head of a public body;

[GA]

“head of a public body” means—

[GA]

(a) in relation to a Department of State, the Minister of the Government having charge of it,

[GA]

(b) in relation to the Office of the Attorney General, the Attorney General,

[GA]

(c) in relation to the Office of the Civil Service Commissioners, the Civil Service Commissioners,

[GA]

(d) in relation to the Office of the Comptroller and Auditor General, the Comptroller and Auditor General,

[GA]

(e) in relation to the Office of the Director of Public Prosecutions, the Director of Public Prosecutions,

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(f) in relation to the Office of the Houses of the Oireachtas, the Chairman of Dáil Éireann,

[GA]

(g) in relation to the Office of the Information Commissioner, the Information Commissioner,

[GA]

(h) in relation to the Office of the Local Appointments Commissioners, the Local Appointments Commissioners,

[GA]

(i) in relation to the Office of the Ombudsman, the Ombudsman,

[GA]

(j) in relation to any other public body, the person who holds, or performs the functions of, the office of chief executive officer (by whatever name called) of the body;

[GA]

“local authority” has the meaning assigned to it by subsection (1) of section 2 of the Local Government Act 2001;

[GA]

“the Minister” means the Minister for Community, Rural and Gaeltacht Affairs;

[GA]

“the official languages” means the Irish language (being the national language and the first official language) and the English language (being a second official language) as specified in Article 8 of the Constitution;

[GA]

“prescribed” means prescribed by the Minister by regulations under section 4 ;

[GA]

“proceedings” means civil or criminal proceedings before any court;

[GA]

“public body” shall be construed in accordance with the First Schedule;

[GA]

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“record” includes any memorandum, book, plan, map, drawing, diagram, pictorial or graphic work or other document, any photograph, film or recording (whether of sound or images or both), any form in which data (within the meaning of the Data Protection Act 1988) are held, any other form (including machine-readable form) or thing in which information is held or stored manually, mechanically or electronically and anything that is a part or a copy, in any form, of any of the foregoing or is a combination of two or more of the foregoing;

[GA]

“a scheme” means a scheme confirmed by the Minister under section 14 ;

[GA]

“service” means a service offered or provided (whether directly or indirectly) to the general public or a class of the general public by a public body.

[GA]

(2) (a)  In this Act a reference to a section or schedule is a reference to a section of or Schedule to this Act unless it is indicated that reference to some other enactment is intended.

[GA]

(b)  In this Act a reference to a subsection or paragraph or subparagraph is a reference to the subsection or paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

[GA]

Expenses.

3. —The expenses incurred by the Minister and any other Minister of the Government in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

[GA]

Regulations.

4. —(1) The Minister may, with the consent of the Minister for Finance—

[GA]

(a) by regulations provide, subject to the provisions of this Act, for any matter referred to in this Act as prescribed or to be prescribed,

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(b) in addition to any other power conferred on him or her to make regulations, make regulations generally for the purposes of, and for the purpose of giving full effect to, this Act,

[GA]

(c) if, during the first 3 years of application of this Act to a public body specified in subparagraph (3), (4) or (5) of paragraph 1 of the First Schedule, any difficulty arises in bringing this Act into operation in so far as it applies to that body, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation in so far as it applies to that body and regulations under this paragraph may, in so far only as may appear necessary for carrying the regulations into effect, modify a provision of this Act if the modification is in conformity with the purposes, principles and spirit of this Act, and

[GA]

(d) if in any other respect any difficulty arises during the period of 3 years from the commencement of this Act in bringing this Act into operation, by regulations do anything which appears to be necessary or expedient for bringing this Act into operation and regulations under this paragraph may, in so far only as may appear necessary for carrying the regulations into effect, modify a provision of this Act if the modification is in conformity with the purposes, principles and spirit of this Act.

[GA]

(2) Regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

[GA]

(3) Where the Minister proposes to make regulations under paragraph (c) or (d) of subsection (1) or for the purposes of paragraph 1 (5), or under paragraph 3, of the First Schedule, he or she shall cause a draft of the regulations to be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

[GA]

(4) Where the Minister proposes to make regulations under subsection (1)(c), he or she shall, before doing so, consult with such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government in relation to the proposed regulations.

[GA]

(5) Regulations prescribing a body, organisation or group (“the body”) for the purposes of paragraph 1(5) of the First Schedule may provide that this Act shall apply to the body only

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as respects specified functions of the body, and this Act shall apply and have effect in accordance with any such provision.

[GA]

(6) Every regulation under this Act (other than a regulation referred to in subsection (3)) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

PART 2

Organs of State

[GA]

Annual report to Houses of Oireachtas.

5. —In each year, beginning with the year following the year in which this Act is commenced, the Minister shall make a report to each House of the Oireachtas on the operation in the preceding year of this Act.

[GA]

Use of official languages in Houses of Oireachtas.

6. —(1) A member of either House of the Oireachtas has the right to use either of the official languages in any debates or other proceedings in that House or of a committee of either House, a joint committee of both Houses or sub-committee of such a committee or joint committee.

[GA]

(2) A person appearing before either House of the Oireachtas or before such a committee, joint committee or sub-committee as aforesaid has the right to use either of the official languages.

[GA]

(3) Every official report of the debates and other proceedings of the Houses of the Oireachtas shall be published in each of the official languages, except that contributions (whether oral or in writing) in either of the official languages by persons may be published therein solely in that language.

[GA]

Acts of the Oireachtas.

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7. —As soon as may be after the enactment of any Act of the Oireachtas, the text thereof shall be printed and published in each of the official languages simultaneously.

[GA]

Administration of justice.

8. —(1) A person may use either of the official languages in, or in any pleading in or document issuing from, any court.

[GA]

(2) Every court has, in any proceedings before it, the duty to ensure that any person appearing in or giving evidence before it may be heard in the official language of his or her choice, and that in being so heard the person will not be placed at a disadvantage by not being heard in the other official language.

[GA]

(3) For the purposes of ensuring that no person is placed at a disadvantage as aforesaid, the court may cause such facilities to be made available, as it considers appropriate, for the simultaneous or consecutive interpretation of proceedings from one official language into the other.

[GA]

(4) Where the State or a public body is a party to civil proceedings before a court—

[GA]

(a) the State or the public body shall use in the proceedings, the official language chosen by the other party, and

[GA]

(b) if two or more persons (other than the State or a public body) are party to the proceedings and they fail to choose or agree on the official language to be used in the proceedings, the State or, as appropriate, the public body shall use in the proceedings such official language as appears to it to be reasonable, having regard to the circumstances.

[GA]

(5) Notwithstanding any other provision of this section, a person shall not be compelled to give evidence in a particular official language in any proceedings.

[GA]

(6) In choosing to use a particular official language in any proceedings before a court, a person shall not be put by the court or a public body to any inconvenience or expense over

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and above that which would have been incurred had he or she chosen to use the other official language.

PART 3

Public Bodies

[GA]

Duty of public bodies to use official languages on official stationery, etc.

9. —(1) The Minister may by regulations provide that oral announcements (whether live or recorded) made by a public body, the headings of stationery used by a public body and the contents and the lay-out of any signage or advertisements placed by it shall, to such extent as may be specified, be in the Irish language or in the English and Irish languages and different provisions may be made in relation to different classes of body, oral announcements, stationery, signage or advertisements.

[GA]

(2) Where a person communicates in writing or by electronic mail in an official language with a public body, the public body shall reply in the same language.

[GA]

(3) Where a public body communicates in writing or by electronic mail with the general public or a class of the general public for the purpose of furnishing information to the public or the class, the body shall ensure that the communication is in the Irish language or in the English and Irish languages.

[GA]

Duty of public bodies to publish certain documents in both official languages simultaneously.

10. —Notwithstanding any other enactment, the following documents made by or under the authority of a public body (other than a body, organisation or group standing prescribed pursuant to regulations for the purposes of clause (b) of paragraph 1(5) of the First Schedule) shall be published by that body in each of the official languages simultaneously:

[GA]

(a) any document setting out public policy proposals;

[GA]

(b) any annual report;

[GA]

(c) any audited account or financial statement;

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(d) any statement of strategy required to be prepared under section 5 of the Public Service Management Act 1997; and

[GA]

(e) any document of a description or class standing prescribed for the time being, with the consent of the Minister for Finance and such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, and being a document of a description or class that is, in the opinion of the Minister, of major public importance.

[GA]

Use of official languages by public bodies.

11. —(1) For the purpose of promoting the use of the Irish language for official purposes in the State, the Minister may, by notice in writing to the head of a public body, require the public body to prepare and present to him or her for confirmation within such time (not being more than 6 months from the date of issue of the notice) as is specified in the notice a draft scheme specifying—

[GA]

(a) the services which the public body proposes to provide—

[GA]

(i) exclusively through the medium of the Irish language,

[GA]

(ii) exclusively through the medium of the English language, and

[GA]

(iii) through the medium of both the Irish and English languages,

[GA]

and

[GA]

(b) the measures the body proposes to adopt to ensure that any services that are not provided by the body through the medium of the Irish language will be so provided.

[GA]

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(2) (a) A draft scheme referred to in subsection (1) shall specify the means of communication that are to be provided exclusively in the Irish language, exclusively in the English language and in both the Irish and English languages.

[GA]

(b) In this section “means of communication” means the means of communication between the body concerned and the public generally or groups or individual members of the public in relation to the services concerned, the provision of the services and information relating to the services or such provision.

[GA]

(3) The Minister may, with the consent of the Minister for Finance, in relation to those of its services delivered exclusively through the medium of the English language, direct a public body to draw up a plan for the delivery of those services in addition through the medium of the Irish language together with an estimate of the period of time required to implement the plan.

[GA]

(4) A notice under subsection (1) shall be accompanied by a copy of the current guidelines issued by the Minister under section 12 .

[GA]

(5) Different notices may be given to a head of a public body under this section in respect of different services.

[GA]

Publication of guidelines by Minister.

12. —(1) The Minister shall issue to public bodies guidelines in relation to the preparation by public bodies of draft schemes.

[GA]

(2) As soon as practicable after the commencement of this section the Minister shall prepare a draft of any guidelines that he or she proposes to issue under subsection (1) and shall send copies of the draft to—

[GA]

(a) every other Minister of the Government, and

[GA]

(b) such other persons (including any other head) as he or she considers appropriate.

[GA]

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(3) The Minister shall, after considering any representations made to him or her about the draft guidelines, confirm the draft guidelines either without amendment or with such amendments as he or she considers appropriate.

[GA]

(4) The Minister shall, as soon as practicable, lay before each House of the Oireachtas a copy of any guidelines issued under subsection (1).

[GA]

(5) The Minister shall, at such intervals as he or she considers appropriate, revise any guidelines issued under subsection (1) and the provisions of this section shall apply to the issuing of such revised guidelines as they apply to the guidelines first issued.

[GA]

Preparation of draft scheme by public body.

13. —(1) On receipt of a notice under section 11 , a public body shall—

[GA]

(a) publish notice of its intention to prepare a draft scheme and invite representations from any interested parties, and

[GA]

(b) within the time specified in the notice, prepare and present for confirmation to the Minister a draft scheme.

[GA]

(2) In preparing a draft scheme the public body shall—

[GA]

(a) have regard to any guidelines issued under section 12 and in force,

[GA]

(b) have regard to any representations made by any interested party under subsection (1),

[GA]

(c) ensure that an adequate number of its staff are competent in the Irish language so as to be able to provide its service through Irish as well as English,

[GA]

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(d) ensure that the particular Irish language requirements associated with the provision of services in Gaeltacht areas are met,

[GA]

(e) ensure that the Irish language becomes the working language in its offices in the Gaeltacht not later than such date as may be determined by it with the consent of the Minister.

[GA]

(3) A draft scheme shall contain only such matters as are required to be specified under subsections (1) and (2) of section 11 .

[GA]

Confirmation by Minister of draft schemes.

14. —(1) Upon presentation of a draft scheme to the Minister by a public body, the Minister may, after consultation with such other persons including such other (if any) Minister of the Government as the Minister considers ought to be consulted, and with the consent of the head of the public body concerned, confirm the draft scheme either without amendment or with such amendments as he or she considers appropriate.

[GA]

(2) The Minister shall, after confirmation of any draft scheme under this section, forward a copy of the scheme to the Commissioner.

[GA]

(3) A scheme shall remain in force for a period of 3 years from the date on which it is confirmed by the Minister or until a new scheme has been confirmed by the Minister pursuant to section 15 , whichever is the later.

[GA]

Periodic review of schemes.

15. —(1) The Minister may, at any time, and shall, no later than 6 months before the expiration of the scheme, by notice in writing to the head of a public body require that body to review, within such period as may be specified in the notice, any scheme in force in relation to it.

[GA]

(2) Upon receipt of a notice under subsection (1), a public body shall conduct a review of the said scheme and shall, within the time specified in the notice, prepare and present, for confirmation by the Minister, a new draft scheme.

[GA]

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(3) Sections 11, 13 and 14 shall, with any necessary modifications, apply where a notice is given under subsection (1) as they apply where a notice is given under section 11 .

[GA]

Amendment of schemes.

16. —(1) Where the Minister is satisfied that, owing to any change—

[GA]

(a) in the functions of a public body, or

[GA]

(b) in the circumstance in which such functions are performed,

[GA]

it may be appropriate to amend any scheme in force in relation to it, he or she may, on his or her own initiative or on request by the public body concerned, by notice in writing to the public body propose amendments to the scheme.

[GA]

(2) The Minister may, after consultation with such other persons, including such other (if any) Minister of the Government as the Minister considers ought to be consulted, and with the consent of the head of the public body concerned, amend a scheme in the manner proposed in any notice under subsection (1) or in such other manner as he or she considers appropriate in the circumstances, and the scheme shall have effect thereafter subject to any such amendments.

[GA]

(3) The Minister shall forward to the Commissioner a copy of any scheme amended under this section.

[GA]

Failure to prepare a draft scheme.

17. —Where—

[GA]

(a) a public body fails or refuses to prepare a draft scheme in accordance with a notice issued under section 11 or 15,

[GA]

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(b) after presentation by a public body of a draft scheme to the Minister for confirmation, the public body and the Minister are unable to agree the terms of the scheme, or

[GA]

(c) after receipt by a public body of a notice of proposed amendments to a scheme, the public body and the Minister are unable to agree on any amendments,

[GA]

the Minister shall report this failure, refusal or inability to each House of the Oireachtas.

[GA]

Duty to carry out schemes.

18. —(1) Where the Minister confirms a scheme under this Act, the public body shall proceed to carry out the scheme.

[GA]

(2) Nothing in a scheme shall be construed as prohibiting a public body from implementing further measures to promote the status of an official language within its organisation.

[GA]

Prohibition on imposition of charges by public bodies.

19. —A public body shall not impose any charge on any person by virtue of any requirement imposed on that body by this Act.

PART 4

An Coimisinéir Teanga

[GA]

Establishment of Oifig Choimisinéir na dTeangacha Oifigiúla.

20. —(1) There is established an office to be known as Oifig Choimisinéir na dTeangacha Oifigiúla and the holder of the office shall be known as An Coimisinéir Teanga and is referred to in this Act as the Commissioner.

[GA]

(2) The Commissioner shall be independent in the performance of his or her functions.

[GA]

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(3) The appointment of a person to be the Commissioner shall be made by the President on the advice of the Government following a resolution passed by Dáil Éireann and by Seanad Éireann recommending the appointment of the person.

[GA]

(4) The provisions of the Second Schedule shall have effect in relation to the Commissioner.

[GA]

Functions of Commissioner.

21. —The functions of the Commissioner shall be, in addition to any functions conferred on him or her by any other provision of this Act—

[GA]

(a) to monitor compliance by public bodies with the provisions of this Act,

[GA]

(b) to take all necessary measures within his or her authority to ensure compliance by public bodies with the provisions of this Act,

[GA]

(c) to carry out investigations, whether on his or her own initiative, on request by the Minister or pursuant to a complaint made to him or her by any person, into any failure by a public body to comply with the provisions of this Act that he or she or, as appropriate, the Minister, considers may have occurred,

[GA]

(d) to provide, as he or she considers appropriate, advice or other assistance to the public regarding their rights under this Act,

[GA]

(e) to provide, as he or she considers appropriate, advice or other assistance to public bodies regarding their obligations under this Act, and

[GA]

(f) to carry out an investigation, whether on his or her own initiative, on request by the Minister or pursuant to a complaint made to him or her by any person, to ascertain whether any provision of any other enactment relating to the status or use of an official language was not or is not being complied with.

[GA]

Powers of Commissioner.

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22. —(1)  (a) For the purpose of his or her functions under this Act the Commissioner may require any person who, in the opinion of the Commissioner, is in possession of information, or has a record or thing in his or her power or control, that is relevant to the purposes aforesaid to furnish to the Commissioner any such information, record or thing and, where appropriate, may require the person to attend before him or her for that purpose, and the person shall comply with the requirement.

[GA]

(b) Paragraph (a) of this subsection does not apply to information or so much of a record as relates to decisions and proceedings of the Government or of any committee of the Government and for the purposes of this paragraph, a certificate given by the Secretary-General to the Government and certifying that any information or record or part of a record so relates shall be conclusive.

[GA]

(2) Subject to subsection (3), no enactment or rule of law prohibiting or restricting the disclosure or communication of information shall preclude a person from furnishing to the Commissioner any such information or record, as aforesaid.

[GA]

(3) Subject to the provisions of this Act, a person to whom a requirement is addressed under this section shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.

[GA]

(4) A person who fails or refuses to comply with a requirement under this section or who hinders or obstructs the Commissioner in the performance of his or her functions under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000 or to imprisonment for a term not exceeding 6 months or both.

[GA]

(5) Where an offence under subsection (4) has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to have been facilitated by any neglect on the part of any director, manager, secretary or other similar officer of such body or of any person who was purporting to act in any such capacity, that officer or person, as well as such body, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

[GA]

(6) Proceedings for an offence under this section may be brought and prosecuted by the Commissioner.

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(7) The Commissioner may, if he or she thinks fit, pay to any person who, for the purposes aforesaid, attends before the Commissioner or furnishes information or a record or other thing to him or her—

[GA]

(a) sums in respect of travelling and subsistence expenses properly incurred by the person, and

[GA]

(b) allowances by way of compensation for loss of his or her time,

[GA]

of such amount as may be determined by the Minister.

[GA]

(8) A statement or admission made by a person for the purposes aforesaid shall not be admissible as evidence against that person in any criminal proceedings.

[GA]

(9) Nothing in this section shall confer any right to production of, or access to, any record or thing subject to legal privilege.

[GA]

Conduct of investigations.

23. —(1) An investigation by the Commissioner under this Act shall be conducted otherwise than in public.

[GA]

(2) Where the Commissioner proposes to carry out an investigation under this Act he or she shall—

[GA]

(a) notify—

[GA]

(i) the public body concerned,

[GA]

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(ii) in a case where a complaint has been made to the Commissioner, the person who made the complaint, and

[GA]

(iii) the Minister,

[GA]

in writing of that fact, and

[GA]

(b) afford—

[GA]

(i) the public body concerned, and

[GA]

(ii) any other person who appears or, in a case where a complaint has been made to the Commissioner, is alleged to have been responsible for the matter complained of,

[GA]

an opportunity to comment on the matter and, if a complaint in relation to the matter has been made to the Commissioner, on any allegations contained in the complaint.

[GA]

(3) The Commissioner may—

[GA]

(a) refuse to investigate a complaint under this Act, or

[GA]

(b) discontinue an investigation under this Act into such a complaint,

[GA]

if he or she becomes of opinion that—

[GA]

(i) the complaint is trivial or vexatious,

[GA]

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(ii) the person making the complaint has not taken reasonable steps to seek redress in respect of the subject matter of the complaint or, if he or she has, has not been refused redress,

[GA]

(iii) the complaint relates solely to a matter within the power of the Ombudsman to investigate pursuant to section 4(2)(a) of the Ombudsman Act 1980, or

[GA]

(iv) the matter complained of does not involve any contravention of the provisions of this Act or of any other enactment relating to the status or use of an official language.

[GA]

(4) Subject to the provisions of this Act, the procedure for conducting an investigation shall be such as the Commissioner considers appropriate in all the circumstances of the case.

[GA]

(5) The Commissioner may determine whether any person may be represented, by counsel, solicitor or otherwise, in an investigation by him or her under this Act.

[GA]

Exclusions.

24. —The Commissioner shall not investigate any complaint made by or on behalf of a person if the complaint is one in relation to which the person affected by the matter complained of has initiated, in any court, civil legal proceedings and the proceedings have not been dismissed for failure to disclose a cause of action or a complaint justiciable by that court, whether the proceedings have been otherwise concluded or have not been concluded:

[GA]

Provided that the Commissioner may investigate the matter notwithstanding that it is one to which this section relates if it appears to the Commissioner that special circumstances make it proper to do so.

[GA]

Disclosure of information.

25. —Information or a record or thing obtained by the Commissioner or his or her officers in the course of the exercise by him or her of his or her functions under this Act shall not be disclosed except for the purposes of such exercise and of any statement, report or notification to be made under this Act and the Commissioner or his or her officers shall not be called upon to give evidence in any proceedings of matters coming to his or her or their knowledge in the course of such exercise.

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[GA]

Report of findings.

26. —(1) In any case where a complaint is made to the Commissioner and the Commissioner decides not to carry out an investigation under this Act or decides to discontinue such an investigation, he or she shall send to the person who made the complaint and to the public body concerned a statement in writing of his or her reasons for the decision and shall send to such other person as he or she considers appropriate such statement in writing in relation to the matter as he or she considers appropriate.

[GA]

(2) In any case where the Commissioner conducts an investigation under this Act, he or she shall prepare and submit to—

[GA]

(a) the public body concerned,

[GA]

(b) the Minister, and

[GA]

(c) in a case where a complaint is made to the Commissioner, the complainant,

[GA]

a report in writing of the findings of the investigation and may include in the report any recommendations he or she considers appropriate having regard to the investigation.

[GA]

(3) Without prejudice to subsection (2), the Commissioner may issue an interim report if he or she considers it appropriate so to do.

[GA]

(4) The Commissioner may request a public body to submit to him or her within a specified time any comments it may have regarding any findings or recommendations contained in a report under this section.

[GA]

(5) If, within a reasonable time after a report containing recommendations is submitted to a public body under subsection (2), any recommendations contained in the report have not, in the opinion of the Commissioner, been implemented by that body, the Commissioner may, after considering any responses made to him or her by the public body in respect of those recommendations, make a report thereon to each House of the Oireachtas.

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(6) The Commissioner shall attach to every report under subsection (5) a copy of every response (if any) made by or on behalf of a public body to the said recommendations.

[GA]

Schemes of compensation.

27. —(1) The Minister may, with the consent of the Minister for Finance, make a scheme of compensation providing for the payment by a public body to such persons of such sums as may be specified in the scheme, in respect of any failure, specified in a report by the Commissioner under section 26 , by the body (other than a public body, standing prescribed for the purposes of paragraph 1(5) of the First Schedule) to comply with the provisions of this Act.

[GA]

(2) Notwithstanding paragraph (f) of section 21 , a scheme under subsection (1) may not provide for the payment out of moneys in respect of any failure by a public body to comply with any other enactment relating to the status or use of an official language.

[GA]

(3) A scheme under subsection (1) may be revoked or varied by a subsequent scheme made thereunder.

[GA]

Appeals to the High Court.

28. —(1) A party to an investigation under this Act or any other person affected by the findings and recommendations of the Commissioner following such an investigation may appeal to the High Court on a point of law from the decision.

[GA]

(2) An appeal under subsection (1) shall be initiated not later than 4 weeks after notice of the relevant findings and recommendations was given to the person bringing the appeal.

[GA]

(3) (a) Where an appeal under this section by a person, other than a head, is dismissed by the High Court, that Court may, if it considers that the point of law concerned was of exceptional public importance, order that some or all of the costs of the person in relation to the appeal be paid by the public body concerned.

[GA]

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(b) The High Court may order that some or all of the costs of a person, other than a head, in relation to a reference under this section be paid by the public body concerned.

[GA]

(4) A decision of the High Court following an appeal under subsection (1), shall, where appropriate, specify the period within which effect shall be given to the decision.

[GA]

Publication of commentaries by Commissioner on practical application, etc. of Act.

29. —The Commissioner may prepare and publish commentaries on the practical application and operation of the provisions, or any particular provisions, of this Act, including commentaries based on the experience of holders of the office of Commissioner in relation to investigations and findings following investigations, of such holders under this Act.

[GA]

Reports of Commissioner.

30. —(1) The Commissioner shall, not later than 6 months after the end of each year, prepare and furnish to the Minister a report, in each of the official languages, on his or her activities in that year.

[GA]

(2) The Minister shall, not later than 2 months after the receipt of the report, cause a copy thereof to be laid before each House of the Oireachtas.

[GA]

(3) The Commissioner may, if he or she considers it appropriate to do so in the public interest or in the interests of any person, prepare and publish a report in each of the official languages in relation to any investigation carried out or other function performed by him or her under this Act or any matter relating to or arising in the course of such an investigation or performance.

[GA]

(4) In this section “report” does not include a report under section 26 .

PART 5

Placenames

[GA]

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Definitions.

31. —In this Part, save where the context otherwise requires—

[GA]

“the Commission” means the body known as An Coimisiún Logainmneacha and established by warrant of the Minister for Finance dated the 24th day of October 1946;

[GA]

“placename” includes the name of any province, county, city, town, village, barony, parish or townland, or of any territorial feature (whether natural or artificial), district, region or place, as shown in the maps of Ordnance Survey Ireland;

[GA]

“placenames order” has the meaning assigned to it by section 32 .

[GA]

Placenames orders.

32. —(1) Subject to subsection (2), the Minister, having received and considered advice from the Commission, may by order (in this Part referred to as a “placenames order”)—

[GA]

(a) declare the Irish language version of a placename specified in the order to be such word or words as he or she specifies in the order,

[GA]

(b) amend or revoke a placenames order.

[GA]

(2) The Minister shall not make a declaration under subsection (1) in relation to a place in a Gaeltacht area in respect of which a declaration under Part 18 of the Local Government Act 2001 is in force.

[GA]

(3) Every placenames order shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next subsequent 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

[GA]

Construction of words in legal documents.

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33. —(1) A word or words, declared by the Minister in a placenames order to be the Irish language version of a placename specified in the order, shall be construed in a legal document as referring to the same place and as having the same force and effect as the English language version of the placename so specified unless the contrary intention appears.

[GA]

(2) Where the Minister makes a declaration under section 32 in respect of a placename in a Gaeltacht area, the English language version of the placename shall no longer have any force and effect as on and from the operative date but without prejudice to anything done before or after that date including the use of that version other than its use—

[GA]

(a) in any Act of the Oireachtas passed after the operative date or any statutory instrument made after that date under any Act,

[GA]

(b) in such maps prepared and published by or with the permission of Ordnance Survey Ireland as may be prescribed, or

[GA]

(c) on a road or street sign erected by or on behalf of a local authority.

[GA]

(3) In this section—

[GA]

“legal document” means—

[GA]

(a) any Act of the Oireachtas passed after the operative date, any statutory instrument made after that date under any Act or the official translation of any Act or instrument;

[GA]

(b) any instrument having or intended to have legal effect or consequences and executed on or after the operative date;

[GA]

(c) any document used in or for the purposes of legal proceedings, and made, issued or served on or after the operative date,

[GA]

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“the operative date” means the date on which the relevant place-names order comes into operation.

[GA]

Amendment of Ordnance Survey Ireland Act 2001.

34. —The Ordnance Survey Ireland Act 2001 is amended by the substitution of the following for paragraph (h) of section 4(2):

[GA]

“(h) to depict placenames and ancient features in the national mapping and related records and databases in the Irish language or in the English and Irish languages.”.

[GA]

Repeal.

35. —The Place-Names (Irish Forms) Act 1973 is repealed.

PART 6

Miscellaneous

[GA]

Role of Ombudsman.

36. —Nothing in this Act shall prohibit the investigation by the Ombudsman, pursuant to subsection (2) of section 4 of the Ombudsman Act 1980, of any action taken by or on behalf of a Department of State or other person specified in Part 1 of the First Schedule to that Act.

FIRST SCHEDULE

Public Bodies

Section 2.

1. Each of the following shall be a public body for the purposes of this Act:

(1) Department of Agriculture and Food

Department of Arts, Sport and Tourism

Department of Communications, Marine and Natural Resources

Department of Community, Rural and Gaeltacht Affairs

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Department of Defence

Department of Education and Science

Department of Enterprise, Trade and Employment

Department of Finance

Department of Foreign Affairs

Department of Health and Children

Department of Justice, Equality and Law Reform

Department of Public Enterprise

Department of Social and Family Affairs

Department of the Environment and Local Government

Department of the Taoiseach

Department of Transport

Office of the Director of Consumer Affairs

Central Statistics Office

Chief State Solicitor's Office

Office of the Civil Service and Local Appointments Commissioners

Office of the Attorney General

Office of the Comptroller and Auditor General

Office of the Director of Public Prosecutions

Office of the Houses of the Oireachtas

Office of the President

Office of the Revenue Commissioners

(2) Agencies, Boards, State Companies (commercial and non-commercial)

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a regional assembly

the Eastern Regional Health Authority and an area health board

a regional authority

a university or other third level institution

a vocational education committee

Advisory Committee on Cultural Relations

Aer Lingus Group plc

Aer Rianta cpt

An Bord Altranais

An Bord Bia

An Bord Glas

An Bord Pleanála

An Bord Uchtála

An Chomhairle Leabharlanna

An Chomhairle um Oideachas Gaeltachta agus Gael-scolaíochta

An Coimisiún Logainmneacha

An Foras Áiseanna Saothair (FÁS)

An Implementation Body established under the British-Irish

Agreement Act 1999

An Post

An tÚdarás um Ard-Oideachas

APSO (Agency for Personal Service Overseas)

Area Development Management Limited

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Area Partnership Boards

Arramara Teoranta

Bioresearch Ireland

Bord Fáilte Éireann

Bord Gáis Éireann

Bord Iascaigh Mhara

Bord na gCon

Bord na Leabhar Gaeilge

Bord na Móna

Bord na Radharcmhastóirí

Bord Scannán na hÉireann

Broadcasting Commission of Ireland

Broadcasting Complaints Commission

Bus Átha Cliath

Bus Éireann

C.E.R.T. Limited

Central and Regional Fisheries Boards

Central Bank and Financial Services Authority of Ireland

Chester Beatty Library

Coillte Teoranta

Coiste an Asgard

Comhairle

Comhairle na Nimheanna

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Comhairle na nOspidéal

Comhar — The National Sustainable Development

Partnership

Commission for Aviation Regulation

Commission for Communications Regulation

Commission for Energy Regulation

Córas Iompair Éireann

County Enterprise Boards

Crafts Council of Ireland

Crisis Pregnancy Agency

Data Protection Commissioner

Defence Forces Canteen Board

Dental Council

District Registrars of Marriages appointed under the terms of section 57 of the Marriages (Ireland) Act 1844

Drug Treatment Centre Board

Dublin Dental Hospital Board

Dublin Docklands Development Authority

Dublin Institute for Advanced Studies

Dublin Transportation Office

Economic and Social Research Institute

Electricity Supply Board

Energy Advisory Board

Enterprise Ireland

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Fire Services Council

Food Safety Authority of Ireland

Forfás

Further Education and Training Awards Council

General Medical Services Payment Board

General Register Office

Government Information Services

Harbour Authorities within the meaning of the Harbours Act 1946

Harbour Companies referred to in section 7 of the Harbours Act 1996

Health and Safety Authority

Health Research Board

Health Service Employers Agency

Higher Education and Training Awards Council

Horse Racing Ireland

Hospital Bodies Administrative Bureau

Hospitals Trust Board

Housing Finance Agency plc

I.D.A. Ireland

Iarnród Éireann

Institiúid Teangeolaíochta Éireann

Institute of Public Administration

International Development Ireland Limited

Irish Aid Advisory Committee

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Irish Aviation Authority

Irish Blood Transfusion Service

Irish Council for Science, Technology and Innovation

Irish Fertiliser Industries Limited

Irish Financial Services Appeals Tribunal

Irish Financial Services Regulatory Authority

Irish Museum of Modern Art

Irish National Petroleum Corporation Limited

Irish National Stud Company Limited

Irish Productivity Centre

Irish Red Cross Society

Irish Telecommunications Investments plc

LEADER Groups

Leopardstown Park Hospital Board

Levy Appeals Tribunal

Local Employment Service Boards

Local Government Computer Services Board

Local Government Management Services Board

Marine Institute

Medical Bureau of Road Safety

Mental Health Commission

National Authority for Occupational Safety and Health

National Building Agency Limited

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National Cancer Registry Board

National Centre for Partnership and Performance

National Committee for Development Education

National Concert Hall

National Council on Ageing and Older People

National Council for Professional Development of Nursing and Midwifery

National Council for Special Education

National Disability Authority

National Economic and Social Council

National Economic and Social Forum

National Gallery of Ireland

National Library of Ireland

National Microelectronics Applications Centre Ltd.

National Milk Agency

National Museum of Ireland

National Qualifications Authority of Ireland

National Rehabilitation Board

National Roads Authority

National Safety Council

National Social Work Qualification Board

National Standards Authority of Ireland

National Statistics Board

National Technology Park Plassey Ltd.

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National Theatre Society Limited (Abbey Theatre)

National Treasury Management Agency

Nítrigin Éireann Teoranta

Office for Health Management

Office of the Director of Corporate Enforcement

Office of the Director of Equality Investigations

Office of the Paymaster General

Office of the Refugee Applications Commissioner

Office of Tobacco Control

Ordnance Survey Ireland

Patents Office

Pharmaceutical Society of Ireland

Postgraduate Medical and Dental Board

Public Voluntary Hospitals

Radiological Protection Institute of Ireland

Radio Telefís Éireann

Raidió na Gaeltachta

Refugee Agency

Refugee Appeals Tribunal

Registrars of Births, Deaths and Roman Catholic Marriages

Registration Council for Secondary Teachers

Registry of Deeds

Rights Commissioners

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Shannon Free Airport Development Company Limited (SFADCo)

Standards in Public Office Commission

State Laboratory

Sustainable Energy Ireland

Teagasc

TEASTAS

Teilifís na Gaeilge

Temple Bar Properties Limited

Temple Bar Renewal Limited

the Aquaculture Licences Appeals Board

the Army Pensions Board

the Arts Council (An Chomhairle Ealaíon)

the Censorship of Films Appeals Board

the Censorship of Publications Appeals Board

the Censorship of Publications Board

the Combat Poverty Agency

the Commissioners of Charitable Donations and Bequests for Ireland

the Commissioners of Public Works

the Companies Registration Office

the Competition Authority

the Courts Service

the Criminal Injuries Compensation Tribunal

the Defence Forces

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the Employment Appeals Tribunal

the Environmental Protection Agency

the Equality Authority

the Garda Síochána

the Garda Síochána Complaints Appeals Board

the Garda Síochána Complaints Board

the Health Insurance Authority

the Heritage Council

the Human Rights Commission

the Information Society Commission

the Ireland-United States Commission for Educational Exchange

the Irish Manuscripts Commission

the Irish Medicines Board

the Irish Prison Service

the Irish Sports Council

the Irish Water Safety Association

the Labour Court

the Labour Relations Commission

the Land Registry

the Law Reform Commission

the Legal Aid Board

the Medical Council

the Mining Board

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the National Archives

the National Archives Advisory Council

the National Centre for Guidance in Education

the National Competitiveness Council

the National Council for Curriculum and Assessment

the National Council for Forest Research and Development (COFORD)

the National Council for Vocational Awards

the National Lottery

the Office of the Appeal Commissioners for the purposes of the Tax Acts

the Office of the Chief Medical Officer for the Civil Service

the Office of the Information Commissioner

the Office of the Official Censor of Films

the Office of the Ombudsman

the Office of the Registrar of Friendly Societies

the Pensions Board

the Probation and Welfare Service

the Referendum Commission

the Rent Tribunal

the Social Welfare Tribunal

the State Examinations Commission

the Valuation Office

the Valuation Tribunal

Údarás na Gaeltachta

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Veterinary Council

Voluntary Health Insurance Board

Western Development Commission

Women's Health Council

(3) a local authority,

(4) a health board,

(5) any body, organisation or group standing prescribed for the time being, with the consent of such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, and being—

(a) a body, organisation or group that receives moneys directly from a Minister of the Government, a Department of State, the Central Fund or a public body specified in subparagraph (2), (3) or (4) of this paragraph in circumstances where the amount or aggregate of the amounts so received constitutes 50 per cent or more of the current expenditure of that body, organisation or group in a financial year,

(b) a body, organisation or group that at the date of the coming into operation of this Schedule is a public body but subsequently comes under private ownership and control,

(c) a body, organisation or group performing functions which previously stood vested in a body, organisation or group under public ownership or control, or

(d) any other body, organisation or group on which functions in relation to the general public or a class of the general public stand conferred or permitted by any enactment or by any licence or authority given under any enactment.

2. A body, organisation or group standing prescribed pursuant to regulations for the purposes of clause (b) of paragraph 1(5) shall be a public body only as respects functions referred to in that clause.

3. The Minister may, with the consent of such other (if any) Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, by regulations amend subparagraph (2) of paragraph 1 by the insertion or deletion of a reference to any public body.

4. A reference in paragraph 1 to any particular Department of State shall be construed as—

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(a) including a reference to a body, organisation or group specified in relation to that Department of State in the Schedule to the Ministers and Secretaries Act 1924 (not being another public body specified in that paragraph), and

(b) not including any other body, organisation or group.

SECOND SCHEDULE

An Coimisinéir Teanga

Section 20.

1. Subject to the provisions of this Schedule, a person appointed to be the Commissioner shall hold the office for a term of 6 years and may be re-appointed to the office for a second or subsequent term.

2. A person appointed to be the Commissioner—

(a) may at his or her request be relieved of office by the President,

(b) may be removed from office by the President but shall not be removed from office except for stated misbehaviour, incapacity or bankruptcy and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his or her removal, and

(c) shall in any case vacate the office on attaining the age of 67 years.

3. (1) Where a person who holds the office of Commissioner is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or a local authority or to the European Parliament, or

(c) regarded, pursuant to section 15 (inserted by the European Parliament Elections Act 1993) of the European Assembly Elections Act 1977 as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon cease to be the Commissioner.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament or a local authority shall, while he or she is so entitled or is such a member, be disqualified for being appointed to be the Commissioner.

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4. A person who holds the office of Commissioner shall not hold any other office or employment in respect of which emoluments are payable or be a member of the Reserve Defence Force.

5. The Commissioner shall be paid, out of moneys provided by the Oireachtas, such remuneration and allowances for expenses as the Minister, with the consent of the Minister for Finance, may from time to time determine.

6. (1) The Minister may make and carry out, in accordance with its terms, a scheme or schemes for the granting of pensions, gratuities or allowances on retirement or death to, or in respect of, persons who have held the office of Commissioner.

(2) The Minister may at any time make and carry out, in accordance with its terms, a scheme or schemes amending or revoking a scheme under this paragraph.

(3) A scheme under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

7. (1) The Minister may appoint to be members of the staff of the Commissioner such number of persons as the Minister may, with the consent of the Minister for Finance, determine from time to time.

(2) Members of the staff of the Commissioner shall be civil servants in the Civil Service of the State (within the meaning of the Civil Service Regulation Act 1956).

(3) The Minister may delegate to the Commissioner the powers exercisable by him or her under the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 1996 as the appropriate authority in relation to members of the staff of the Commissioner and, if the Minister does so, then so long as the delegation remains in force—

(a) those powers shall, in lieu of being exercisable by the Minister, be exercisable by the Commissioner, and

(b) the Commissioner shall, in lieu of the Minister, be for the purposes of this Act the appropriate authority in relation to members of the staff of the Commissioner.

8. (1) The Commissioner shall keep, in such form as may be approved of by the Minister, all proper and usual accounts of all moneys received or expended by him or her and all such special accounts (if any) as the Minister may direct.

(2) Accounts kept in pursuance of this paragraph in respect of each year shall be submitted by the Commissioner in the following year on a date not later than a date specified by the Minister to the Comptroller and Auditor General for audit and, as soon as may be after the

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audit, a copy of those accounts, or of such extracts from those accounts as the Minister may specify, together with the report of the Comptroller and Auditor General on the accounts, shall be presented by the Commissioner to the Minister who shall cause copies of the documents presented to him or her to be laid before each House of the Oireachtas.

9. The Commissioner may delegate to a member of the staff of the Commissioner any of the functions of the Commissioner (other than those under this paragraph or section 26 ) and references in this Act to the Commissioner shall be construed, where appropriate having regard to any delegation under this paragraph, as including references to any person to whom functions stand delegated by the delegation.

Appendix 7

Website: http://hawaii.gov/lrb/con/conart15.html

THE CONSTITUTION OF THE STATE OF HAWAII

ARTICLE XV

STATE BOUNDARIES; CAPITAL; FLAG; LANGUAGE AND MOTTO

BOUNDARIES

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Section 1.  The State of Hawaii shall consist of all the islands, together with their appurtenant reefs and territorial and archipelagic waters, included in the Territory of Hawaii on the date of enactment of the Admission Act, except the atoll known as Palmyra Island, together with its appurtenant reefs and territorial waters; but this State shall not be deemed to include the Midway Islands, Johnston Island, Sand Island (offshore from Johnston Island) or Kingman Reef, together with their appurtenant reefs and territorial waters. [Am 73 Stat 4 and election June 27, 1959; ren and am Const Con 1978 and election Nov 7, 1978]

CAPITAL

Section 2.  Honolulu, on the island of Oahu, shall be the capital of the State. [Ren and am Const Con 1978 and election Nov 7, 1978]

STATE FLAG

Section 3.  The Hawaiian flag shall be the flag of the State. [Ren Const Con 1978 and election Nov 7, 1978]

OFFICIAL LANGUAGES

Section 4.  English and Hawaiian shall be the official languages of Hawaii, except that Hawaiian shall be required for public acts and transactions only as provided by law. [Add Const Con 1978 and election Nov 7, 1978]

MOTTO

Section 5.  The motto of the State shall be, "Ua mau ke ea o ka aina i ka pono." [Add Const Con 1978 and election Nov 7, 1978]

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Appendix 8 (A, B, C & D)

H2'Ō - Hawai'i Bilingual

A. Website: http://apps.facebook.com/causes/124832/13574130?m=95ac708a

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Positions:

1. Hawai'i citizens shall by right receive public services in the official language of their choice - http://www.officiallanguages.gc....

2. All public service communications shall be published in Hawai'ian, in addition to English. Here's an example: http://www.ahapunanaleo.org/olel...

3. The Hawai'i State Board of Education and the University of Hawai'i shall adopt universal Hawai'ian language proficiency graduation standards.

Category: Public Advocacy - Civil Rights and Liberties

Description:

After the unlawfull overthrow of the Hawaiian government by white supremacists, four generations of Hawaiian people endured cultural genocide beginning in 1898 when the Hawaiian language was banned as a medium of public instruction. 30+ years have passed since the 1978 Hawai'i State Constitution nominally restored Hawaiian as an official language along with English, yet speakers of Hawaiian cannot vote using their language. Without public information readily available in Hawaiian, the current policy of English-only community services is indeed tantamount to ethnic cleansing! Will you please join with us to implement Hawai'i's Official Languages Act to put this unfortunate era of cultural genocide against Hawaiian speaking people behind us for good?

1,780 MEMBERS

Michael E.Malulani K.Odegaard wrote at 5:08pm on October 16th, 2008

In case your friend's either don't or won't use Facebook, there are two other options of websites that H2Ō - Hawai'i Bilingual will maintain - Maoliworld http://www.maoliworld.com/group/... and MySpace http://www.causes.com/myspace/ca...

B. Website: http://apps.facebook.com/causes/view_members?cause_id=124832&m=8267094b&page=8

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Members

Back to H2'Ō - Hawai'i Bilingual

Name: Nathaniel KinneyJoined: 10:40am June 29th, 2009

C. Website: http://apps.facebook.com/causes/view_members?cause_id=124832&m=8267094b&page=41

MembersBack to H2'Ō - Hawai'i Bilingual

Name: J. Kalani EnglishJoined: 10:24am January 10th, 2009

J. Kalani has recruited 1 person

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D. Website: http://apps.facebook.com/causes/view_members?cause_id=124832&m=8267094b&page=58

Members

Back to H2'Ō - Hawai'i Bilingual

Name: Colin KippenJoined: 5:24pm November 4th, 2008

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