Is New Brunswick Canada's only officially bilingual province? Why?
Yes, New Brunswick is Canada's only officially bilingual province. The reason for this is that the Canadian Charter of Rights and Freedoms specifically recognizes that anglophones and francophones in New Brunswick have equality of status and equal rights and privileges. New Brunswick has a rich heritage and a unique obligation as Canada's only officially bilingual province. New Brunswick first declared English and French to be the province's official languages in 1969 and renewed its commitment in 2002 by adopting a new Official Languages Act (OLA). The OLA imposes on the provincial government the obligation to serve members of the public in the official language of their choice.
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What is the purpose of New Brunswick's Official Languages Act?
New Brunswick's Official Languages Act was first passed by the Legislature in 1969. It was replaced by a new Official Languages Act on June 7, 2002. The purpose of the OLA is to ensure:
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that Engish and French are the official languages of the Legislature and everyone has the right to use either language in any debate or other proceeding of the Legislative Assembly or its committees;
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that English and French are the official languages of legislation and the laws of New Brunswick are printed and published in both official languages;
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that English and French are the official languages of the courts and every person has the right to use the official language of his or her choice in any matter before the courts;
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that members of the public have the right to communicate with any provincial government institution, Crown corporation, court, policing service or hospital corporation in the official language of their choice, with "hospital corporation" being defined as the network of health establishments, facilities and programs under the jurisdiction of the Department of Health and Wellness or the regional health authorities under the Regional Health Authorities Act;
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all municipalities whose official language minority population represents at least 20% of its total population (
Bathurst, Campbellton, Charlo, Dalhousie,
Dieppe, Edmundston,
Eel River Crossing,
Fredericton, Miramichi,
Moncton, Rexton, Richibucto,
Saint John, Shediac and Tide Head) and all cities adopts and publishes its by-laws in both official languages and offers the services and communications prescribed by
regulation in both official languages;
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that, in the case of planning commissions and solid waste commissions, those commissions covering a geographical area with an official language minority population of at least 20% of the total population offer the services and communications prescribed by
regulation in both official languages;
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that government institutions make an "active offer" regarding official languages, which is to say that they ensure that appropriate measures be taken to make it known to members of the public that their services are available in the official language of their choice;
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that the Commissioner of Official Languages for New Brunswick is mandated to investigate complaints under the OLA, make recommendations, ensure compliance with the OLA and promote official bilingualism province-wide.
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What does the Commissioner of Official Languages do?
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The Commissioner of Official Languages receives complaints from the public and then carries out investigations. The Commissioner can also self-initiate investigations.
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At the end of an investigation, the Commissioner shall communicate any recommendations to the Premier, the deputy head or other administrative head of the institution concerned and the complainant.
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The Commissioner promotes the advancement of both official languages in New Brunswick
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The Commissioner reports annually to the Legislative Assembly.
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What are the limits on what the Commissioner of Official Languages can do?
The Commissioner of Official Languages is not authorized to investigate complaints regarding the private sector. The Commissioner can, however, receive complaints about and investigate private-sector companies that deliver services on the Province's behalf.
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Can the Commissioner of Official Languages impose fines or other sanctions on institutions that fall short of their obligations under the OLA?
No. The OLA gives the Commissioner the authority to investigate complaints from the public and formulate corrective measures in the form of recommendations. At the end of his investigation, the Commissioner forwards the results of the investigation solely to the Premier, the administrative head of the institution concerned and the complainant. He may include in his report any recommendations he deems appropriate as well as any opinion or reasons supporting his recommendations. If a defaulting institution does not make the changes or does not comply with the recommendations, the Commissioner may reveal this lack of commitment, especially in the annual report to the Legislature.
The OLA provides that if a complainant is not satisfied with the Commissioner's recommendations or with the resolution of the complaint, he or she may apply to the Court of Queen's Bench of New Brunswick for a remedy.
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How do I make a complaint to the Commissioner of Official Languages?
Information on how to file a complaint can be found by clicking Filing A Complaint.
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How do I know if my complaint falls within the Commissioner's mandate?
Here are a few helpful hints:
First, is the complaint about a service received or not received in English or French?
Second, is the complaint aimed at:
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a provincial government institution?
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a third party delivering services to the public on behalf of a provincial government institution?
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a Crown corporation?"
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a court, court service or other administrative tribunal in the province?
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a policing service?
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a hospital corporation?
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a city?
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a specific municipality whose official language minority population represents at least 20% of its total population (Bathurst, Campbellton, Charlo, Dalhousie, Dieppe, Edmundston, Eel River Crossing, Fredericton, Miramichi, Moncton, Rexton, Richibucto, Saint John, Shediac and Tide Head)? - or a municipality that has declared itself bound by the obligations under the Official Languages Act (OLA)?
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a planning commission or solid waste commission of a geographical area where the official language minority group exceeds 20% of the population base?
If the answer is "yes" in any of these cases, the odds are quite good that your complaint falls within the Commissioner's mandate.
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If I were to file a complaint would my name be given out or would it remain anonymous?
As a general rule, all complaints received are considered confidential and every effort is made to keep the complainant's identity confidential. That being said however, there have been instances in the past where when we communicate the specific details of the incident, the identity of the complainant may be deduced by the concerned institution. In some cases, we have had to communicate again with complainants wishing to keep their identity confidential in order to tell them that their request made it difficult for us to proceed as additional exchanges between our office and the institution required the transmission of information which would in turn reveal their identity. In those cases we were able to discuss this matter with the complainant and ensure that we had permission to proceed further. It goes without saying that we strive to encourage individuals to use our services and that is the reason every effort is made to respect their choice of remaining anonymous.
Does the Official Languages Act mean that everyone in New Brunswick must be bilingual?
No. The OLA in no way obliges New Brunswickers to become bilingual. The OLA is based on justice and equity. It gives members of the public the right to receive services from government institutions in the official language of their choice.
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Do I have to be bilingual to work for a provincial department?
The Province of New Brunswick does not require that every government employee be able to communicate in both official languages. However, government agencies and departments communicating with or providing a service to the public must fulfill their legal and constitutional obligations. This means that some positions within government departments must be filled by people who are able to communicate in both official languages to ensure that in all areas and sections of departments and agencies there exists the capacity to serve the public in both official languages.
