Official Languages Act

(1) Acts of the Legislature and records and journals of the Legislative Assembly shall be printed and published in English and French and both language versions are equally authoritative.

(2) The Commissioner in Executive Council may prescribe that a translation of any Act shall be made after enactment and be printed and published in one or more of the Official Languages in addition to English and French.

(3) Copies of the sound recordings of the public debates of the Legislative Assembly, in their original and interpreted versions, shall be provided to any person on reasonable request. RSNWT 1988,c.56 (Supp.),s.8; SNWT 2003,c.23,s.20(1).

(1) Either English or French may be used by any person in, or in any pleading in or process issuing from, any court established by the Legislature.

(2) Chipewyan, Cree, Gwich’in, Inuinnaqtun, Inuktitut, Inuvialuktun, North Slavey, South Slavey and Tłı̨chǫ may be used by any person in any court established by the Legislature.

(3) A 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 another 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. RSNWT 1988,c.56(Supp.),s.10; SNWT 2003,c.23,s.8,20(1).

(1) All final decisions, orders and judgments, including any reasons given for them, issued by any judicial or quasi-judicial body established by or under an Act shall be issued in both English and French where

(2) Where a body by which a final decision, order or judgment including any reasons given for it is to be issued in both English and French under subsection (1) is of the opinion that to issue it in both English and French would occasion a delay

the decision, order or judgment, including any reasons given for it, shall be issued in the first instance in its version in one of English or French and after that, within the time that is reasonable in the circumstances, in its version in the other language, each version to be effective from the time the first version is effective.

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

(4) A sound recording of all final decisions, orders and judgments, including any reasons given for them, issued by any judicial or quasi-judicial body established by or under an Act shall be made in one or more of the Official Languages other than English or French and copies of the sound recording shall be made available to any person on reasonable request, where

(5) Nothing in subsection (4) shall be construed as affecting the validity of a decision, order or judgment, referred to in subsection (1), (2) or (3). RSNWT 1988,c.56(Supp.),s.11,21; SNWT 2003, c.23,s.20(1).

(1) Any member of the public in the Northwest Territories has the right to communicate with, and to receive available services from, any head or central office of a government institution in English or French, and has the same right with respect to any other office of that institution where

(2) Any member of the public in the Northwest Territories has the right to communicate with, and to receive available services from, any regional, area or community office of a government institution in an Official Language other than English or French spoken in that region or community, where

(3) In interpreting subsection (2), consideration shall be given to collective rights of Indigenous peoples pertaining to Indigenous languages and exercised within the traditional homelands of those peoples, consistent with any applicable lands, resources and self-government agreements, including land claim and treaty land entitlement agreements, and any other sources or expressions of those collective rights. RSNWT 1988,c.56(Supp.),s.12.; SNWT 2003, c.23,s.9,20(1); SNWT 2023,c.9,s.3; SNWT 2024,c.9, s.21.

(1) The Commissioner, on the recommendation of the Legislative Assembly, shall appoint a Languages Commissioner as an officer of the Legislative Assembly who is responsible for exercising the powers and performing the duties set out in this Act.

(1.1) The Languages Commissioner must be a resident of the Northwest Territories.

(2) The Languages Commissioner must not be a member of the public service.

(2.1) The Languages Commissioner may, with the prior approval of the Speaker, hold another public office or carry on a trade, business or profession, but must not hold a position as a member of the public service.

(2.2) The Languages Commissioner is not eligible to be nominated for election, to be elected or to sit as a member of the Legislative Assembly.

(3) Subject to section 16, the Languages Commissioner holds office during good behavior for a term of four years and may be reappointed for subsequent terms.

(4) A person holding office as Languages Commissioner continues to hold office after the expiry of the person’s term of office until the earliest of the following occurs:

RSNWT 1988, c.56(Supp.),s.15; SNWT 2003,c.23, s.11,20(1),(2); SNWT 2020,c.13,s.6(3),(4),(5),(6),(7); SNWT 2023,c.9,s.4.

(1) The Languages Commissioner may resign at any time by notifying the Speaker in writing or, if the Speaker is absent or unable to act or the office of the Speaker is vacant, by so notifying the Clerk of the Legislative Assembly.

(2) The Commissioner, on the recommendation of the Legislative Assembly, may, for cause or incapacity, suspend the Languages Commissioner with or without remuneration or remove the Languages Commissioner from office.

(3) If the Legislative Assembly is not sitting, the Speaker, on the recommendation of the Board of Management, may, for cause or incapacity, suspend the Languages Commissioner with or without remuneration, and the suspension remains in effect until the earliest of the following occurs:

SNWT 2003,c.23,s.11,20(1); SNWT 2020,c.13, s.6(8),(9).

(1) If the Languages Commissioner is suspended or removed under subsection 16(2), the Commissioner, on the recommendation of the Legislative Assembly, shall appoint an acting Languages Commissioner to hold office until the earliest of the following occurs:

(2) If the Languages Commissioner is suspended under subsection 16(3), the Speaker, on the recommendation of the Board of Management, shall appoint an acting Languages Commissioner to hold office until the earliest of the following occurs:

(3) If the Languages Commissioner has resigned or is temporarily absent or unable to perform the duties of the Languages Commissioner, the Speaker, on the recommendation of the Board of Management, may appoint an acting Languages Commissioner to hold office until the earliest of the following occurs:

(4) Section 16 and subsections 17(1) to (3) apply with such modifications as the circumstances require to an acting Languages Commissioner appointed under this section.

(5) An appointment as acting Languages Commissioner does not preclude a person from subsequently being appointed as Languages Commissioner under subsection 15(1). SNWT 2020,c.13, s.6(10).

(1) If the Languages Commissioner determines that they should not act in respect of any particular matter under this Act, the Speaker may, on the recommendation of the Board of Management, appoint a special Languages Commissioner to act in the place of the Languages Commissioner in respect of that matter.

(2) A special Languages Commissioner holds office until the conclusion of the matter in respect of which they have been appointed. SNWT 2003,c.23, s.11,20(1); SNWT 2020,c.13, s.6(11); SNWT 2023, c.9,s.5.

(1) The Languages Commissioner is entitled to rights, privileges and benefits, including remuneration and pension benefits, similar to the entitlements of Assistant Deputy Ministers.

(2) The Languages Commissioner is deemed a member of the public service for the purpose of pension benefits.

(3) The Languages Commissioner is entitled to reimbursement for travel and other expenses incurred in the performance of the duties of the Languages Commissioner, similar to the types and rates set out in Government of the Northwest Territories policies and guidelines applicable to such expenses. SNWT 2020,c.13, s.6(12).

(1) The Languages Commissioner may employ any person whom the Languages Commissioner considers necessary for the effective and efficient operation of the office of the Languages Commissioner.

(2) Persons employed under subsection (1) are members of the public service to whom the Public Service Act applies.

(3) The Languages Commissioner may, from time to time, engage the services of any person whom the Languages Commissioner considers necessary to assist in the effective and efficient operation of the office of the Languages Commissioner. SNWT 2020,c.13, s.6(13).

(2) A person employed in the office of the Languages Commissioner under subsection 19(1) shall take an oath, administered by the Languages Commissioner, undertaking to not disclose any information received by that person under this Act except in accordance with this Act.

(3) The Languages Commissioner may require a person engaged under subsection 19(3) to take an oath, administered by the Languages Commissioner, undertaking to not disclose any information received by that person under this Act except in accordance with this Act.

(4) The form of oaths required under this section shall be determined by the Speaker. SNWT 2020,c.13, s.6(13).

(1) It is the duty of the Languages Commissioner to take all actions and measures within the authority of the Languages Commissioner with a view to ensuring recognition of the rights, status and privileges of each of the Official Languages and compliance with the spirit and intent of this Act in the administration of the affairs of government institutions.

(2) In carrying out the duties set out in subsection (1), the Languages Commissioner may conduct and carry out investigations either on their own initiative or pursuant to any complaint made to the Languages Commissioner, and may report and make recommendations as provided in this Act. RSNWT 1988,c.56(Supp.),s.15; SNWT 2003,c.23, s.13; SNWT 2023,c.9,s.6.

(1) If the Languages Commissioner receives a complaint, they may, subject to subsection (2) and the regulations, refer the complaint to an approved third party for alternative dispute resolution.

(2) A referral made under subsection (1) may only be made with the consent of the complainant. SNWT 2023,c.9,s.7.

(1) Subject to subsection (2) and section 20.1, the Languages Commissioner shall investigate any reasonable complaint made to the Languages Commissioner arising from any act or omission to the effect that, in any particular instance or case, in the administration of the affairs of any government institution

(2) The Languages Commissioner may refuse to investigate or cease to investigate any complaint if in the opinion of the Languages Commissioner it is reasonable to do so, in which case the Languages Commissioner shall inform the complainant of that decision and the reasons for it. RSNWT 1988, c.56(Supp.),s.15; SNWT 2023,c.9,s.8.

(1) If the Languages Commissioner, in carrying out an investigation under this Act, requires information from a government institution, the Languages Commissioner may request the information from the institution.

(2) If a request is made under subsection (1), the government institution shall provide the information to the Languages Commissioner within 60 days after receiving the request.

(3) If the Languages Commissioner, after carrying out an investigation under this Act, is of the opinion that any matter should be referred to a government institution concerned for consideration and any necessary action, the Languages Commissioner shall report that opinion and the reasons for it to the Minister, and to the Deputy Minister or other administrative head of the institution concerned.

(4) In a report under subsection (3), the Languages Commissioner may

(5) The Languages Commissioner shall inform the complainant, in the manner and at the time that the Languages Commissioner considers appropriate, of

(6) If, within a reasonable time after a copy of a report under subsection (3) is transmitted to the Minister, and to the Deputy Minister or other administrative head of the government institution, the institution has not taken a recommended action or complied with a request, the Languages Commissioner may do one or more of the following:

SNWT 2023,c.9,s.9.

(1) The Languages Commissioner shall, by July 1 in each year, prepare and submit to the Speaker a report on the activities of the Languages Commissioner and the discharge of their duties under this Act during the preceding fiscal year including recommendations, if any, for proposed changes to this Act that the Languages Commissioner considers necessary or desirable in order to give effect to its spirit and intent.

(1.1) The annual report must include

(2) The Speaker shall lay the annual report before the Legislative Assembly as soon as is reasonably practicable.

(3) The annual report laid before the Legislative Assembly shall be referred to a committee designated or established by it, and that committee shall report on its review of the annual report within 180 days of the referral. RSNWT 1988,c.56(Supp.),s.15; SNWT 2003, c.23,s.15; SNWT 2020,c.13, s.6(14); SNWT 2023, c.9,s.6,10.

(1) The Minister has responsibility for this Act and for the general direction and coordination of the policies and programs of the Government of the Northwest Territories that relate to Official Languages.

(2) In carrying out their responsibilities under subsection (1), the Minister shall

SNWT 2003,c.23,s.16,20(1); SNWT 2023,c.9, s.3,6,11(1).

(1) The Minister shall prepare, in respect of a fiscal year, an annual report on Official Languages, including

(2) The Minister shall lay the annual report before the Legislative Assembly no later than the first sitting of the Legislative Assembly following the expiry of six months after the end of the fiscal year that is the subject of the report. SNWT 2003,c.23,s.16,20(1); SNWT 2023,c.9,s.11(2).

(1) The Official Languages Board and Aboriginal Languages Revitalization Board are merged and continued as the Official Languages Board.

(2) The Official Languages Board is comprised of

(3) The Commissioner in Executive Council, on the recommendation of the Minister, shall appoint each member and alternate member after the member has been nominated by the prescribed representatives of the member’s official language community referred to in subsection (2). SNWT 2023,c.9,s.12.

(1) Anyone whose rights under this Act or the regulations have been infringed or denied may apply to a court of competent jurisdiction to obtain a remedy that the court considers appropriate and just in the circumstances.

(2) The Languages Commissioner may

RSNWT 1988,c.56 (Supp.),s.17,18; SNWT 2003, c.23,s.20(1).

(1) The provisions and operation of this Act must be reviewed within two years after the commencement of the Twenty-first Legislative Assembly and within the first two years of every second Legislative Assembly thereafter, by the Legislative Assembly or a committee of the Legislative Assembly designated or established by it.

(2) The review shall include an examination of the administration and implementation of the Act, the effectiveness of its provisions, the achievement of the objectives stated in its preamble, and may include any recommendations for changes to the Act.

(3) The Minister, Languages Commissioner and Official Languages Board shall each provide all reasonable assistance to the Legislative Assembly or any committee of it that is designated or established for the purposes of this section. RSNWT 1988, c.56(Supp.),s.20; SNWT 2003,c.23,s.19,20(1); SNWT 2023,c.9,s.15.