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  • 8/9/2019 OLA Summaries

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    Official Language Acts in Aotearoa (New Zealand), Canada, Ireland and Scotland

    Official Languages Act

    (Canada), 1985/1988

    1. Preamble: cites constitutional guaranteesof equal status, rights and privileges to useof English and French in all institutions ofCanadian Parliament (and its courts) &

    government, rights to receive public services(& equal opportunities to use both languagesby officers & employees), commitment toachieving full participation of both languagecommunities in its institutions, etc.

    2. Purpose: to ensure respect for English &French, support development of Eng. & Fr.

    minority communities, set out powers andduties of federal institutions with respect toofficial languages.

    3. Part 1: Rights to use of official languagesin proceedings of Parliament, includingsimiltaneous interpretation & official reports

    4. Part 2: Use of official languages in

    legislative and other instruments, includingjournals, records, acts and other documentsof Parliament as well as executive powers,including treaties, provincial agreements,

    regulations and instruments directed to thepublic with equal prominence and authority

    5. Part 3: Administration of justice includes

    duties to provide official language of choiceand simultaneous interpretation and abilityof judge to understand without interpreter,bilingual forms.

    6. Part 4: Public service communications,regulatory activities

    7. Part 5: Language of work

    8. Part 6: Participation of English-speakingand French-speaking citizens

    9. Part 7: Advancement of Official Langs

    10. Part 8: Responsibilities of Treasury

    Board concerning Official Languages

    11. Part 9: Establishment of Office of

    Commissioner of Official Languages

    12. Part 10: Procedures for Court Remedy

    13. Part 11: General Provisions

    14. Parts 12 & 13: Related Amendments(blank) & Consequential Amend (blank)

    15. Part 14: Transitional Provisions, Repealand Coming into Force

    Source:http://laws.justice.gc.ca/en/O-3.01/index.html

    Mori Language Act 1987/1991

    Part 1 (1987)

    1. Title: declares the Mori language to bean official language of New Zealand, toconfer the right to speak Mori in certain

    legal proceedings, and to establish TeKomihana Mo Te Reo Mori and define its

    functions and powers.

    2. Preamble: WHEREAS in the Treaty ofWaitangi the Crown confirmed andguaranteed to the Mori people, among

    other things, all their taonga: And whereasthe Mori language is one such taonga:

    3. Short title and commencement,

    Interpretation, Recognition of MoriLanguage, Right to speak Mori in legalproceedings, Effect of recognition

    4. Establishment of Language Commission(Te Komihana Mo Te Reo Mori), functions

    (a) to initiate, develop, coordinate,review, advise upon, assist in theimplementation of policies, etc.

    (b) promote Maori language as anordinary means of communication

    (c) regulate standards of languagecompetency

    5. Powers, duties and membership ofCommission, and further provisions

    6. Certificates of competency in the Morilanguage, qualifications, delegation of

    power to issue certificates

    7. Endorsements and complaints towardcertificate holders, rules, Ombudsmen Actamended, Higher Salaries Commission Actamended, repeals

    8. Schedules: Courts and Tribunals beforewhich Mori may be spoken, CommissionProvisions

    Part 2 (1991 Amendment)

    9. Short Title references 1987 Act

    10. Changes Commission name to TeTaura Whiri I Te Reo Mori

    11. Extends proceedings to which right tospeak Mori established (and other minoramendments)

    (adminsitered via Ministry of Mori Affairs)

    Source:

    http://www.tereo.govt.nz/act87/index.shtml

    Official Languages Act

    (Ireland), 2003

    1. Title: promotes use of the Irish languagefor official purposes in the State, providesfor use of both official languages inparliamentary proceedings, in acts of the

    Oireachtas, in the administration of justice,in communicating with or providing servicesto the public and carrying out the work ofpublic bodies; provides for Official of theCommissioner of Official Languages anddefines its functions, and for the publicationof information relevant to the purposes ofthe Act, and related matters.

    2. Part 1: Preliminary and Generalsections include Short title andcommencement, Interpretation, Expenses,and Regulations

    3. Part 2: Organs of the State includesAnnual report to Houses of Oireachtas(Parliament), Use of official languages inHouses of Oireachtas, Acts of Oireachtas,and Administration of justice

    4. Part 3: Public Bodies includes Duty ofpublic bodies to use official languages on

    official stationery, Duty of public bodies topublish certain documents in both officiallanguages simultaneously, Use of officiallanguages by public bodies, Publication ofguidelines by Minister, Preparation of draftscheme by public body, Confirmation byMinister of draft schemes, Periodic review

    of schemes, Amendment of schemes, Failureto prepare draft scheme, Duty to carry outschemes, and Prohibition on imposition ofcharges by public bodies

    5. Part 4: An Comisineir Teanga includesEstalishment of Oifig Choimisineir nadTeangacha Oifigiula, Functions ofCommissioner, Powers of Commissioner,

    Conduct of investigations, Exclusions,

    Disclosure of information, Report offindings, Schemes of compensation, Appealsto High Court, Publication of commentariesby Commissioner of practical application ofAct, and Report of Commissioner

    6. Part 5: Placenames includes Definitions,Placename orders, Construction of words in

    legal documents, Amendment of OrdanceSurvey Ireland Act 2001, and Repeal

    7. Part 6: Miscellaneous includes Role ofOmbudsman, First Schedule (PublicBodies), Second Schedule (An ComisineirTeanga)

    Source:

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

    http://laws.justice.gc.ca/en/O-3.01/index.htmlhttp://www.tereo.govt.nz/act87/index.shtmlhttp://www.tereo.govt.nz/act87/index.shtmlhttp://www.achtanna.ie/en.act.2003.0032.1.htmlhttp://www.achtanna.ie/en.act.2003.0032.1.htmlhttp://www.achtanna.ie/en.act.2003.0032.1.htmlhttp://www.tereo.govt.nz/act87/index.shtmlhttp://laws.justice.gc.ca/en/O-3.01/index.html
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    Gaelic Language (Scotland)

    Act 2005

    1. Title: An Act of the Scottish Parliament

    to establish a body having functionsexercisable with a view to securing thestatus of the Gaelic language as an officiallanguage of Scotland commanding equalrespect to the English language, includingthe functions of preparing a national Gaelic

    language plan, of requiring certain publicauthorities to prepare and publish Gaelic

    language plans in connection with theexercise of their functions and to maintainand implement such plans, and of issuingguidance in relation to Gaelic education.

    2. Bord na Gaidhlig, includes Constitutionand functions, including

    a) promoting the use and

    understanding of the Gaeliclanguage, education and culture

    b) Advising Ministers and publicbodies/persons on related matters

    c) Reporting to Scottish Ministers onthe implementation of theEuropean Charter for Regional orMinority Languages (5 Nov 1992)

    related to the Gaelic languaged) Goal to secure the status of Gaelic

    as an official language ofScotland, commanding equalrespect to English by increasingthe number of Gaelic speakers,

    encouraging the use of Gaelic, andfacilitating access to Gaeliclanguage and culture

    3. National Gaelic language plan

    a) Bord prepares and submits plan toMinisters within 12 months, nolater than 5 years after firstpublication, and wheneverrequested by Scottish Ministers

    b) Proposal includes strategy for

    facilitating use of Gaelic language,education and culture inconsultation with the Parliament

    4. Gaelic language plans: includesa) Review of, and appeal against,

    noticesb) Approval of plans

    c) Monitoring of implementation

    d) Review of planse) Guidance, assistance by the Bord

    5. Gaelic education: includesa) Interpretationb) Regulations and ordersc) Consequences and amendments

    d) Short title and commencemente) Schedule 1: Bord na Gaidhligf) Schedule 2: Consequential

    amendments

    Source:

    http://www.opsi.gov.uk/legislation/scotland/acts2

    005/asp_20050007_en_1

    http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050007_en_1http://www.opsi.gov.uk/legislation/scotland/acts2005/asp_20050007_en_1