Chapitre 12 : Terre-Neuve-et-Labrador

Terre-Neuve-et-Labrador – Lois linguistiques

Access to Information and Protection of Privacy Act, 2015, S.N.L. 2015, c. A-1.2 [en anglais seulement]

11. Making a request 

11. (3) An applicant may make an oral request for access to a record or correction of personal information where the applicant

(a) has a limited ability to read or write English; or

[…]

11. (4) A request under subsection (2) may be transmitted by electronic means.

2015 c. A-1.2 s. 11

Canada and the United Kingdom Reciprocal Recognition and Enforcement of Judgments Act, R.S.N.L. 1990, c. C-3 [en anglais seulement]

Part IV – Procedures

Article VI

4. The registering court may require that an application for registration be accompanied by

(a) the judgment of the original court or a certified copy thereof;

(b) a certified translation of the judgment, if given in a language other than the language of the territory of the registering court;


Article XIV

3. This Convention may be terminated by notice in writing by either Contracting   State and it shall terminate three months after the date of such notice.

IN WITNESS WHEREOF, the undersigned, duly authorized thereto by their respective Governments, have signed this Convention.

DONE in duplicate at Ottawa, this 24th day of April 1984 in the English and French languages, each version being equally authentic.

Children's Law Act, R.S.N.L. 1990, c. C-13 [en anglais seulement]

Chapter V – General Provisions

Article 24

An application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English.

However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in an application, communication or other document sent to its Central Authority.

Co-operatives Act, S.N.L. 1998, c. C-35.1 [en anglais seulement]

12. Name

12. (1) A co-operative may not have a name that

[…]

12. (2.1) A co-operative may set out its name in its articles in an English form, a French form or in a combined English and French form.

1998 cC-35.1 s12; 2016 c29 s1

Corporations Act, R.S.N.L. 1990, c. C-36 [en anglais seulement]

Part I – Incorporation

18. English-French form of name

18. A corporation may set out its name in its articles in an English form, a French form, an English form and a French form or in a combined English and French form, and the corporation may use and may be legally designated by that form.

1986 c. 12 s. 21

 

19. Name in any language

19. A corporation may set out its name in its articles in any language form and it may use and may be legally designated by that form

1986 c. 12 s. 22

 

Part XIX – General and Administration

401. Form of filling

401. (1) A document sent to the registrar shall be in the form set by the registrar.

401. (2) Where a document required under this Act is not in the English language, the registrar may require a translation of it certified by a solicitor of the Supreme Court.

1986 c. 12 s. 396; 1987 c. 38 Sch. A; 2004 c. 14 s. 6

 

Part XXII – Registration of Incorporated Companies

439. Document not in English

439. When a document that is required to be filed under section 438 is not in the English language, the registrar may require that a translation of that document be provided which shall be notarially certified.

1986 c. 12 s. 437

Corporations Regulation – Corporations Act, C.N.L.R. 750/96 [en anglais seulement]

Part VIII – Fees

49. Fees

49. (1) The fee in respect of the filing, examination or copying of a document or in respect of an action that the registrar is required or authorized to take under the Act shall be the fee set by the minister and shall be paid to the registrar on the filing, examination or copying of the document or before the registrar takes the action in respect of which the fee is payable.

49. (2) A fee is not payable for the issuance by the registrar of

(a) a certificate of amendment, if the only purpose of the amendment is to add in English or French version to a corporation's name;

[…]

Correctional Services Act, S.N.L. 2011, c. C-37.00001 [en anglais seulement]

Note – Au moment de la publication, cette loi n’était pas en vigueur.

Part I – Principles

4. Principles

4. This Act and the regulations made under it shall be interpreted and administered in a manner consistent with the following principles:

[…]

(f) policies, programs and practices will respect age, gender, sexual orientation, ethnic, cultural, religious and linguistic differences and will be responsive to the particular needs of women and aboriginal peoples, the needs of offenders with particular mental health and addictions requirements, and the needs of other groups of offenders with special requirements.

S.N.L. 2011 c. C-37.00001 s. 4

Dental Act, 2008, S.N.L. 2008, c. D-6.1 [en anglais seulement]

13. Licence

13. (1) The board shall issue a licence to every person who pays the prescribed fee who

[…]

(d) has a working knowledge of the English language that the board considers sufficient to enable the person to practise dentistry in the province; and

2008 c. D-6.1 s. 13

Dental Auxiliaries' Regulations, 2012 – Dental Act, N.L.R. 49/12 [en anglais seulement]

5. Registered dental assistants

5. An applicant applying to be registered and licensed as a registered dental assistant shall

[…]

(e) have a working knowledge of the English language that the board considers sufficient to enable the person to practise in the province;

49/12 s. 5

Dental Regulations – Dental Act, C.N.L.R. 1103/96 [en anglais seulement]

2. General licence

2. (1) An applicant for a licence to be issued under section 18 of the Act shall

[…]

(c) demonstrate reasonable fluency in the English language or knowledge of the English language that is sufficient to enable the person to practise dentistry in the province;

17/03 s. 1

Interjurisdictional Support Orders Act, S.N.L. 2002, c. I‑19.2 [en anglais seulement]

Part V – General Matters

40. Transmission of documents 

40. (1) On receipt of an order or document to be sent under this Act to a reciprocating jurisdiction, the designated authority shall send the order or document to the appropriate authority of the reciprocating jurisdiction. 

40. (2) Where the reciprocating jurisdiction requires an order or document to be translated into a language other than English or French, the person for whom the order or document is being transmitted shall provide the required translation together with a certificate of the translator authenticating the accuracy of the translation.

2002 c. I-19.2 s. 40

 

41. Translation 

41. (1) Where a foreign order or other document is written in a language other than English, the order or document shall be accompanied by a translation of the order or document into the English language.

41. (2) A translation required under subsection (1) shall be authenticated as being accurate by a certificate of the translator.

2002 c. I-19.2 s. 41

International Commercial Arbitration Act, R.S.N.L. 1990, c. I-15 [en anglais seulement]

Schedule A – Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Article IV

1. To obtain the recognition and enforcement mentioned in the preceding article, the party applying for recognition and enforcement shall, at the time of the application, supply:

(a) The duly authenticated original award or a duly certified copy thereof;

(b) The original agreement referred to in article II or a duly certified copy thereof.

2. If the said award or agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent.

 

Article XVI

1. This Convention, of which the Chinese, English, French, Russian and Spanish texts shall be equally authentic, shall be deposited in the archives of the United Nations.

1986 c. 45 Sch. A

 

Schedule B – UNCITRAL Model Law on International Commercial Arbitration

Chapter V. Conduct of arbitral proceedings

Article 22. Language

(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal.

(2) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

1986 c. 45 Sch. B

 

Chapter VIII. Recognition and enforcement of awards

Article 35. Recognition and enforcement

(1) An arbitral award, irrespective of the country in which it was made, shall be recognized as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this article and of article 36.

(2) The party relying on an award or applying for its enforcement shall supply the duly authenticated original award or a duly certified copy thereof, and the original arbitration agreement referred to in article 7 or a duly certified copy thereof. If the award or agreement is not made in an official language of this State, the party shall supply a duly certified translation thereof into such language.

1986 c. 45 Sch. B

International Sale of Goods Act, R.S.N.L. 1990, c I-16 [en anglais seulement]

Schedule – United Nations Convention on Contracts for the International Sale of Goods

Part IV – Final Provisions
Article 101

[…]

DONE at Vienna   , this eleventh day of April, one thousand nine hundred and eighty, in a single original, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic.

International Trusts Act, R.S.N.L. 1990, c. I-17 [en anglais seulement]

Convention on the Law Applicable to Trusts and on Their Recognition

Chapter IV – General Clauses

Article 32

[…]

Done at The Hague, on the . . . . . . . . . . day of . . . . . . . . . . . . , 19 . . . , in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Fifteenth Session.

Jury Act, 1991, S.N.L. 1991, c. 16 [en anglais seulement]

6. Language difficulty

6. Where the language in which a trial is to be conducted is one that a person is unable to understand or speak, he or she is disqualified from serving as a juror in the trial.

1991 c. 16 s. 6

 

11. Enumeration for jury list

11. (4) The jury list compiled under subsection (1) may be selected from

(a) the most recent list of electors compiled by the Chief Electoral Officer under the Elections Act, 1991 ;

(b) the records compiled by the Motor Registration Division of persons who have been issued drivers’ licences, or motor vehicle licenses under the Highway Traffic Act ;

(c) the names, addresses and dates of birth of beneficiaries under the Medical Care and Hospital Insurance Act , but no other information respecting beneficiaries shall be provided; and

(d) those other sources that the Lieutenant-Governor in Council may prescribe.

11. (5) Notwithstanding subsection (4), where a trial is held in the French language, the supervising enumerator may obtain the names and addresses of prospective jurors from alternative sources that may be prescribed for that purpose.

1991 c16 s11; 1995 c31 s4; 1999 c22 s15; 2004 c35 s1; 2016 cM-5.01 s59

Prospective Jurors Alternate Sources Regulations – Jury Act, 1991, N.L.R. 88/89 [en anglais seulement]

1. Short title

1. These regulations may be cited as the Prospective Jurors Alternate Sources Regulations.

 

2. Alternative sources

2. For the purposes of the enumeration of prospective jurors’ lists compiled under section 11 of the Jury Act, 1991, the sheriff may use one or more of the following alternative sources;

[…]

(b) a membership list of an association francophone;

Marriage Act, S.N.L. 2009, c. M-1.02 [en anglais seulement]

22. Person divorced in Canada

22. (3) Where the final divorce documents referred to in subsection (2) have been issued in a language other than English or French, the person applying for a licence under this Act shall provide a certified translation of those documents completed by a certified translator, and the requirements of subsection (2) shall apply to those translated documents.

2009 c. M-1.02 s. 22

Mental Health Care and Treatment Act, S.N.L. 2006, c. M‑9.1 [en anglais seulement]

12. Procedural rights of involuntary patient

12. (4) Where a person is admitted as an involuntary patient, or where the person's status as an involuntary patient is renewed, the attending physician shall ensure that he or she is

(a) informed of the reasons for the issuance of the certificates of involuntary admission or certificate of renewal;

(b) provided with a copy of the certificates of involuntary admission or certificate of renewal; 

(c) advised of his or her right 

(i) to retain and instruct counsel without delay, and

(ii) to meet with the rights advisor as provided for in paragraph 14(2)(a); and

(d) provided with a written statement setting out

(i) the functions of the board, 

(ii) the address of the board, and 

(iii) the right of the person or his or her representative acting on behalf of the person to apply to the board for a review of the certificates of involuntary admission or certificate of renewal.

12. (6) Where an involuntary patient does not understand or speak the language in which the information referred to in subsection (4) is provided, the attending physician shall advise the administrator and the administrator shall ensure that the involuntary patient is provided with the assistance of an interpreter.

Optometry Act, 2012, S.N.L. 2012, c. O-7.02 [en anglais seulement]

14. Application for licence

14. A person may apply for a licence to practise optometry where he or she

[…]

(b) has a working knowledge of the English language sufficient to enable the person to practise optometry in the province; and

2012 c. O-7.02 s. 14

Personal Health Information Act, S.N.L. 2008, c. P-7.01 [en anglais seulement]

53. Exercise of right of access

53. (1) An individual may exercise a right of access to a record of his or her personal health information by making a request for access to the custodian that the individual believes has custody or control of the information.

53. (2) A custodian may require a request under subsection (1) to be in writing unless the individual making the request

(a) has limited ability to read or write English; or

(b) has a disability or a condition that impairs his or her ability to make a request in writing.

2008 c. P-7.01 s. 53

Pharmacy Act, 2012, S.N.L. 2012, c. P-12.2 [en anglais seulement]

Part III – Registration, Admission and Examination

14. Registration of pharmacists

14. The board shall register an applicant as a pharmacist where he or she

[…]

(g) has a working knowledge of the English language sufficient to enable him or her to practice pharmacy in the province;

2012 c. P-12.2 s. 14

 

17. Pharmacy technicians

17. (1) The board shall register an applicant as a pharmacy technician where he or she

[…]

(g) has a working knowledge of the English language sufficient to enable him or her to practise as a pharmacy technician in the province;

2012 c. P-12.2 s. 17

Provincial Court Act, 1991, S.N.L. 1991, c. 15 [en anglais seulement]

5.1 Bilingual judges

5.1 (1) The Lieutenant-Governor in Council, following consultation with the chief judge, may appoint a bilingual judge of the provincial court of a province other than this province to preside over proceedings that an accused has requested be conducted in French.

Reciprocal Enforcement of Judgments Act, R.S.N.L. 1990, c. R-4 [en anglais seulement]

6. Judgment in a language other than English

6. Where a judgment sought to be registered under this Act is in a language other than English, the judgment or the certified copy of it shall have attached to it a translation in English approved by the court, and upon the approval being given the judgment shall be considered to be in English.

R.S.N. 1970 c. 327 s. 6

Schools Act, 1997, S.N.L. 1997, c. S-12.2 [en anglais seulement]

2. Definitions

2. In this Act

[…]

(i) "French first language school" means a school established, maintained and operated by the conseil scolaire and includes a school operated by a board in accordance with section 23 of the Canadian Charter of Rights and Freedoms prior to the coming into force of Part V;

1997 cS-12.2 s2; 2012 c13 s1; 2013 c25 s1

 

Part I – Students

8. Instruction in English

8. Every student is entitled to receive instruction in English.

1997 c. S-12.2 s. 8

 

9. Instruction in French

9. Where an individual has rights under section 23 of the Canadian Charter of Rights and Freedoms to have his or her children receive instruction in French, the children of that individual shall receive that instruction in accordance with those rights wherever in the province those rights apply.

1997 c. S-12.2 s. 9

 

Part III – Schools

24. Principal

24. (1) A board shall appoint a principal for every school in the district.

24. (2) A principal appointed under the former Act shall be considered to have been appointed under subsection (1) immediately upon the commencement of this Act.

24. (3) A principal of a school shall, subject to the direction of the board,

[…]

(m) where the school is a French first language school, promote cultural identity and French language in the school; and

(n) carry out other duties assigned by the board.

1997 c. S-12.2 s. 24; 2013 c. 25 s. 3

 

33. Responsibilities of teachers

33. A teacher's responsibilities shall include

[…]

(f) where the teacher is employed in a French first language school, promoting cultural identity and French language in the school; and

(g) carrying out those duties that are assigned to the teacher by the principal or the board.

1997 c. S-12.2 s. 33; 2013 c. 25 s. 6

 

80. Director duties

80. (1) A director shall, under the direction of the board,

[…]

(p) where the director is employed by the conseil scolaire, promote cultural identity and French language in French first language schools; and

(q) perform other duties required by the board and under this Act.

1997 c. S-12.2 s. 80; 2013 c. 25 s. 9

 

Part V – French First Language Schools

94. Conseil scolaire

94. (1) A conseil scolaire francophone provincial shall be elected for the province.

94. (2) The conseil scolaire is a corporation.

94. (3) The conseil scolaire shall operate in the French language and may as necessary communicate in the English language.

1997 c. S-12.2 s. 94

 

95. Composition of conseil scolaire

95. (1) The conseil scolaire shall be elected in the same manner and at the same time as board elections are held under section 53 or at the time the minister directs on the recommendation of the conseil scolaire.

95. (2) Notwithstanding subsection (1),

(a) employees of the conseil scolaire;

(b) a person who has a contract with, or an interest in a contract with, the conseil scolaire; and

(c) unless prior written approval is given by the minister, employees of the department of the government responsible for education

are not eligible for election to the conseil scolaire.

95. (3) The number of trustees to be elected, not exceeding 12, shall be set and may be changed by order of the minister on the recommendation of the conseil scolaire.

95. (4) Notwithstanding subsection (3), the first elected conseil scolaire shall comprise 10 trustees elected as follows:

(a) 4 from the conseil d'ecole de Port au Port;

(b) 2 from the conseil d'ecole de l'ouest du Labrador;

(c) 2 from the conseil d'ecole de l'est du Labrador; and

(d) 2 from the conseil d'ecole de St. John's.

1997 cS-12.2 s95; 2016 c35 s2

 

96. Replacement of trustees

96. (1) Where

(a) all the trustees of the conseil scolaire are dismissed;

(b) a trustee position is vacant; or

(c) the conseil scolaire does not have a sufficient number of trustees for a quorum,

(d) is no longer a member of the conseil d'ecole that elected him or her

the Lieutenant-Governor in Council shall

(d) appoint the conseil scolaire or a trustee; or

(e) order that there be an election of the conseil scolaire or of a trustee.

96. (2) Section 95 applies, with the necessary changes, to the appointment or election of the conseil scolaire or of a trustee under this section.

2016 c35 s4

 

97. Duties of conseil scolaire

97. (1) The conseil scolaire has, with respect to a French first language school, the same duties as a board under section 75 except for those referred to in paragraph 75(v).

97. (2) The conseil scolaire shall consult with the voting members of a conseil d'école on the operation of a school for which the conseil d'école is responsible, including the assignment of teachers and other staff.

1997 c. S-12.2 s. 97

 

98. Powers of conseil scolaire

98. (1) The conseil scolaire has, with respect to a French first language school, the same powers as a board under section 76 and in addition, may make recommendations under subsection 95(3), section 100, and subsections 102(2), 102(8), 102(10) and 114(3).

98. (2) The conseil scolaire may, subject to the approval of the minister, establish procedures for and conduct elections to the conseils d'ecole.

1997 cS-12.2 s98; 2016 c35 s5

 

99. French first language schools

99. (1) The conseil scolaire may establish, maintain and operate a French first language school where the school provides programs or courses of study that satisfy the minimum requirements as approved by the minister.

99. (2) A French first language school shall receive an allocation of resources as approved by the minister.

1997 c. S-12.2 s. 99

 

100. Building funds

100. The minister shall pay out money voted by the Legislature for the construction, extension and equipment of French first language schools in accordance with the recommendations of the conseil scolaire.

1997 c. S-12.2 s. 100

 

101. Operational money

101.  Money for the operation and maintenance of French first language schools, for the transportation of students, school supplies and equipment and other money allocated for the purpose of or connected with education in a French first language school shall be paid to the conseil scolaire in accordance with scales set out in a policy directive of the minister.

1997 c. S-12.2 s. 101

 

102. Conseil d’école – voting members

102. (1) There shall be a conseil d'ecole responsible for each French first language school.

102. (2) The number of elected members comprising a conseil d'ecole, not exceeding 9, and each school for which the conseil d'ecole is responsible, shall be set and may be changed by order of the minister on the recommendation of the conseil scolaire.

102. (3) Notwithstanding subsection (2), the first elected

(a) conseil d'ecole de Port au Port shall be responsible for each French first language school located in Mainland and Cape St. George;

(b) conseil d'ecole de l'ouest du Labrador shall be responsible for each French first language school located in Labrador City or Wabush;

(c) conseil d'ecole de l'est du Labrador shall be responsible for each French first language school located in Happy Valley - Goose Bay; and

(d) conseil d'ecole de St. John's shall be responsible for each French first language school located in St. John's.

10. (4)  A parent of

(a) a student enrolled in a French first language school;

(b) a child registered to attend a French first language school; and

(c)  a child who is eligible under this Act to be registered to attend a French first language school and who is not registered in another school

may vote in an election of members to a conseil d'ecole responsible for that school.

10. (5) A candidate for election to a conseil d'ecole shall be

(a) at least 18 years of age;

(b) a citizen of Canada or a lawful resident of Canada;

(c) a resident of the province; and

(d) nominated by a person eligible to vote in an election of members to that conseil d'ecole.

10. (6) The principal of or a teacher in a French first language school is not eligible to be a candidate for election under this section to the conseil d'ecole responsible for that school.

10. (7) The director of the conseil scolaire is not eligible to be a candidate for election to a conseil d'ecole.

10. (8) Where fewer members are elected to a conseil d'ecole than the number set by order of the minister, the minister shall on the recommendation of the conseil scolaire or the interim conseil scolaire established under section 114 appoint the number necessary to satisfy the order.

10. (9) A member elected or appointed to a conseil d'ecole under this section shall be a voting member of the conseil d'ecole.

10. (10) The election of members to a conseil d'ecole shall be held at the same time as elections of the conseil scolaire are held under section 95 or at the time the minister directs on the recommendation of the conseil scolaire and the term of office of a member elected to a conseil d'ecole shall be the same as that of a trustee.

1997 cS-12.2 s102; 2016 c35 s6

 

103. Conseil d'école - non-voting members

103. (1) The principal of each school for which a conseil d'école is responsible shall be a member of the conseil d'école by virtue of his or her position.

103. (2) Not more than 2 teachers from each school for which a conseil d'école is responsible may be elected by the teachers of that school to the conseil d'école.

103. (3) Upon the approval of a conseil d'école responsible for a school where high school courses are taught, the students in those courses may elect a student to the conseil d'école.

103. (4) A member of a conseil d'école referred to in this section shall be a non-voting member of the conseil d'école.

1997 c. S-12.2 s. 103

 

104. Chairperson elected

104. A conseil d'école shall elect a chairperson from among its voting members.

1997 c. S-12.2 s. 104

 

105. Vacancy on a conseil d'école

105. A vacancy on a conseil d'école shall be filled in the same manner as the member being replaced and the replacement member shall serve only for the remainder of the term of office of the member being replaced but is eligible for re-election or re-appointment.

1997 c. S-12.2 s. 105

 

106. Purpose of a conseil d'école

106. The purpose of a conseil d'école is to develop, encourage and promote policies, practices and activities to enhance French language and culture, a French ambience, the quality of school programs and the levels of student achievement in a school for which it is responsible.

1997 c. S-12.2 s. 106

 

107. Functions of a conseil d'école

107. (1) The functions of a conseil d'école are, with respect to a school for which it is responsible, to

(a) represent the cultural, linguistic and educational interests of the school;

(b) advise the conseil scolaire on cultural and linguistic issues in the school;

(c) advise the conseil scolaire on the quality of teaching and learning in the school;

(d) facilitate parent and community involvement in teaching and learning in the school; and

(e) advise the conseil scolaire on matters of concern to the school and the parents of students of the school.

107. (2) A conseil d'école shall operate in the French language and may as necessary communicate in the English language.

1997 c. S-12.2 s. 107

 

108. Duties of a conseil d'école

108. (1) A conseil d'école shall, with respect to a school for which it is responsible,

(a) approve, for recommendation to the conseil scolaire, a plan for encouraging and promoting the French language and culture and a French ambience, and for improving teaching and learning in the school;

(b) support and promote the plan approved by the conseil scolaire for encouraging and promoting the French language and culture and a French ambience, and for improving teaching and learning in the school;

(c) consider information respecting performance standards in the school;

(d) assist in the system of monitoring and evaluating standards in the school;

(e) monitor the implementation of recommendations in reports on the performance of the school;

(f) conduct meetings with parents on matters within its responsibility under this section;

(g) ensure that the report on the school prepared under paragraph 24(3)(k) is available to parents and members of the public;

(h) communicate concerns respecting the policies and practices of the conseil scolaire to the conseil scolaire; and

(i) approve and monitor activities for raising funds for the school.

108. (2) A conseil d'école may, subject to the by-laws of the conseil scolaire, approve a levy, the payment of which is voluntary, once in a school year, instead of, or as a supplement to, fund raising activities for a school for which it is responsible.

108. (3) A conseil d'école shall operate in accordance with the by-laws of the conseil scolaire.

1997 c. S-12.2 s. 108

 

109. Protocol

109. (1) The conseil scolaire shall enter into a protocol with each conseil d'école which shall serve as a guide and reference for the operations of the conseil scolaire and the conseil d'école.

109. (2) The conseil scolaire may, with the consent of a conseil d'école, assign responsibilities to the conseil d'école in addition to those set out in sections 107 and 108.

1997 c. S-12.2 s. 109

 

110. Directors 

110. (1) The conseil scolaire shall, subject to the prior written approval of the minister, appoint 

(a) a director; and 

(b) an assistant director of finance and business administration. 

110. (2) A director and an assistant director shall be appointed for not more than a 5 year term and, following a satisfactory performance evaluation by the conseil scolaire, the appointment may be renewed.

110. (3) The conseil scolaire may terminate the employment of a director or an assistant director, other than for cause, by giving him or her 3 months' written notice, and the conseil scolaire shall report the dismissal in writing to the minister immediately upon giving the notice.

110. (4) Notwithstanding that the conseil scolaire may employ a director or an assistant director under this section, a contract of employment between the conseil scolaire and a director or an assistant director shall not be entered into without the prior written approval of that contract by the minister, and a contract of employment entered into without that approval shall be void.

2012 c. 13 s. 7

 

111. Sections not applicable

111. (1) Section 8 does not apply to a student in a French first language school.

111. (2) Sections 25 and 26 do not apply to a French first language school.

111. (3) Sections 52 to 55, sections 58 and 59, sections 75 to 77, section 79, subsection 80(1.1), section 89, section 91 and section 120 do not apply to the conseil scolaire or a French first language school.

111. (4) For the purpose of this Part, a reference in the other parts of this Act to

(a) a board shall be considered to include a reference to the conseil scolaire;

(b) a district shall be considered to include a reference to the province; and

(c) a school shall be considered to include a reference to a French first language school

where to do so would not be inconsistent with this Part.

1997 c. S-12.2 s. 111; 2013 c. 25 s. 12

 

112. Property

112. (1) Title to all real and personal property used for the purpose of education at École Ste. Anne and École Notre Dame du Cap in the communities of Mainland and Cape St. George that were, on the coming into force of this Part, operated by a board as French first language schools shall be transferred to the conseil scolaire by the board or denominational authority having title.

112. (2) Section 84 applies, with the necessary changes, to real and personal property used for the purpose of education in a French first language school, and to effect a transfer of property referred to in subsection (1).

1997 c. S-12.2 s. 112

 

113. Conseil scolaire only to operate French first language school

113. After this Part comes into force, a board, other than the conseil scolaire, shall not operate a French first language school.

1997 c. S-12.2 s. 113

 

114. Interim conseil scolaire

114. (1) The interim conseil scolaire is continued.

114. (2) Appointments to the interim conseil scolaire shall be made on the recommendation of the Federation des Parents Francophones de Terre-Neuve et du Labrador in accordance with the requirements of subsection 95(4).

114. (3) The interim conseil scolaire shall be dissolved upon the order of the minister on the recommendation of the conseil scolaire first elected under section 95.

114. (4) The interim conseil scolaire shall

(a) appoint a director as provided for in section 110;

(b) subject to the approval of the minister, establish procedures for the first election of the conseils d'école and the conseil scolaire;

(c) conduct the elections for the first conseils d'ecole at the same time as board elections are held or at the time the minister directs;

(d) conduct the election for the first conseil scolaire;

(e) notwithstanding subsection 102(2), recommend to the minister the number of members to be elected to each conseil d'école referred to in subsection 102(3);

(f) determine the organizational structure of the conseil scolaire;

(g) employ persons necessary to enable it and the conseil scolaire to carry out its responsibilities;

(h) establish financial and administrative procedures necessary to enable it and the conseil scolaire to carry out their responsibilities; and

(i) furnish and supply the interim conseil scolaire with adequate equipment and supplies to enable it and the conseil scolaire to carry out their mandate.

1997 c. S-12.2 s. 114

 

115. Board's responsibility continued

115. Notwithstanding section 113, until the first conseil scolaire is elected under section 95, a board that operated a French first language school prior to the coming into force of this Part shall continue to operate the French first language school after this Part comes into force in the same manner as it was operated before this Part came into force.

1997 c. S-12.2 s. 115

 

116. Transitional: Agreements and personnel of board

116. (1) All agreements, contracts, obligations and assessments made in relation to a French first language school and existing immediately before this Part comes into force shall continue.

116. (2) Where a board ceases to operate a French first language school, the conseil scolaire is the successor in law to the board in respect of an employment contract held by the board in respect of that school, and the conseil scolaire is substituted for the board in respect of that contract.

116. (3) When the board ceases to operate Ecole Ste. Anne and Ecole Notre Dame du Cap in the communities of Mainland and Cape St. George, the conseil scolaire is the successor in law to the board for those schools, and all agreements, contracts, debts, liabilities and other obligations of the board for those schools shall be assumed by the conseil scolaire and the conseil scolaire shall fulfil and satisfy all those agreements, contracts, debts, liabilities and other obligations.

116. (4) Where a board ceases to operate a French first language school, other than one referred to in subsection (3), the board shall enter into an agreement with the conseil scolaire in relation to all agreements, contracts, debts, liabilities and other obligations continued under subsection (1) except an employment contract referred to in subsection (2).

116. (5) Where there is a dispute as to the assumption of an agreement, contract, debt, liability or other obligation under this section the minister shall make an order determining the matter and that order shall be final.

1997 c. S-12.2 s. 116

Composition of Conseils d'Ecole Order, N.L.R. 4/17 - Schools Act, 1997, SNL 1997, c S-12.2 [en anglais seulement]

2. Conseil d'ecole composition

2. (1) There shall be a conseil d'ecole for each French first language school.

2. (2) Six members shall be elected to each conseil d'ecole.

4/17 s2

School Board Election Regulations, 1998, N.L.R. 146/97 - Schools Act, 1997, SNL 1997, c S-12.2 [en anglais seulement]

2.1 Interpretation

2.1 (1) For the purpose of these regulations except for paragraph 2(b), subparagraph 2(c)(i), paragraph 2(d), subsections 4(1) and 4.1(3), paragraph 6(5)(c), subsection 7(2.1), section 10 and subsections 11(1), 16(1) and 23(1), a reference to

[…]

(b) a school shall be considered to include a reference to a French first language school

43/16 s2

 

4.1 Persons qualified to vote - conseil scolaire

4.1 (1) An elector is qualified to vote in an election of trustees to the conseil scolaire who meets the

(a) his or her first language learned and still understood is French;

(b) he or she received his or her primary school instruction in Canada  in a French first language program; or

(c) he or she is a parent of a child who is receiving or has received primary or secondary school instruction in a French first language program in Canada  .  requirements in subsection 4(1) and

43/16 s5

Secure Withdrawal Management Act, S.N.L. 2016, c S-12.3 [en anglais seulement]

N.B. – This statute has not come into force.

18. Procedural rights of detained young person

18. (1) A young person who has been detained under a secure withdrawal management order shall not be denied

[…]

18. (4) Where a young person does not understand or speak the language in which the information referred to in this section is provided, the manager shall ensure that the young person is provided with the assistance of an interpreter.

2016 cS-12.3 s18

Settlement of International Investment Disputes Act, S.N.L. 2006, c. S-13.3 [en anglais seulement]

Convention on the Settlement of Investment Disputes Between States and Nationals of Other States

Chapter X – Final Provisions

Article 75

[…]

DONE at  Washington, in the English, French and Spanish languages, all three texts being equally authentic, in a single copy which shall remain deposited in the archives of the International Bank for Reconstruction and Development, which has indicated by its signature below its agreement to fulfil the functions with which it is charged under this Convention.

2006 c. S-13.3 Sch.

Support Orders Enforcement Act, 2006, S.N.L. 2006, c. S-31.1 [en anglais seulement]

16. Extra-provincial notice

16. On the filing of a notice of garnishment or a document of similar effect that,

(a) is issued outside the province;

(b) states that it is issued in respect of support; and

(c) is written in or accompanied by a sworn, affirmed or certified translation into English,

the director may issue a notice of garnishment and notify a garnishee in accordance with section 15.

2006 c. S-31.1 s. 16

 

Wills Act, R.S.N.L. 1990, c. W-10 [en anglais seulement]

Article I

2. Each Contracting Party may introduce the provisions of the Annex into its law either by reproducing the actual text, or by translating it into its official language or languages.

 

Article XVI

1. The original of the present Convention, in the English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Government of the United States of America, which shall transmit certified copies thereof to each of the signatory and acceding States and to the International Institute for the Unification of Private Law.

 

Annex – Uniform Law on the Form of an International Will

Article 3

1. The will shall be made in writing.

2. It need not be written by the testator himself.

3. It may be written in any language, by hand or by any other means.

Terre-Neuve-et-Labrador – Autres règlements

Offshore Petroleum Drilling and Production Newfoundland and Labrador Regulations – Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act, 2009, N.L.R. 120/09 [en anglais seulement]

20. Safety and environmental protection

20. An operator shall take all reasonable precautions to ensure safety and environmental protection, including ensuring that

[…]

(d) differences in language or other barriers to effective communication do not jeopardize safety or environmental protection;

Engineers and Geoscientists Regulations – Engineers and Geoscientists Act, 2011, N.L.R. 43/11 [en anglais seulement]

5. Registration as a professional engineer or geoscientist - unrestricted licence

5. (1) In order to be eligible for registration as a professional engineer-unrestricted licence or professional geoscientist-unrestricted licence, an applicant shall, in addition to other applicable requirements of the Act, the regulations and the by-laws,

[…]

(c) have communication abilities in the English language satisfactory to the registration committee demonstrating the ability to competently practise engineering or geoscience in the province;

Judgment Enforcement Regulations – Judgment Enforcement Act, 1999, N.L.R. 102/99 [en anglais seulement]

Part II – Notices of Judgment and Notices of Attachment

5. Corporations

5. (1) Where the debtor is a corporation, the registrant shall enter the name of that corporation on the required form. 

5. (2) The registrant shall enter on the required form, under separate "debtor" headings, forms of the name of the debtor that is a corporation if the name of that debtor is in more than one of the following forms: 

(a) an English form; 

(b) a French form; and  

(c) a combined English and French form.

102/99 s. 5

 

Part III – Information Regarding Enforcement

32. Oath and interpreter

32. (1) A person shall be sworn before he or she is examined. 

32. (2) Where the person being examined does not understand English, or is hearing impaired or speech impaired, the examining party shall provide a competent and independent interpreter who shall be sworn to accurately interpret the administration of the oath and the questions to be put to the person being examined and his or her answers.

102/99 s. 32

Acupuncturists Regulations – Health Professions Act, N.L.R. 75/12 [en anglais seulement]

4. Requirements for registration

4. (1) An applicant shall comply with the following registration requirements:

(a) submission of a completed application for registration in the form set by the registration committee;

(b) payment of any required fees; and

(c) provision of the following information as requested by the registration committee:

[…]

(viii) proof of a working knowledge of the English language that the registration committee considers sufficient to enable the person to practice acupuncture in the province.

[…]

4. (3) Notwithstanding subparagraph (1)(c)(viii), an applicant may be registered where he or she meets the other requirements of subsection (1) and agrees to comply with any condition or restriction that is attached by the registration committee to the registration and that, in the opinion of the registration committee, effectively addresses issues of inter-professional collaboration and continuity of care associated with the applicant's lack of a working knowledge of the English language.

Audiologists and Speech-Language Pathologists Regulations – Health Professions Act, N.L.R. 47/13 [en anglais seulement]

4. Requirements for registration

4. (1) An applicant shall comply with the following registration requirements:

(a) submission of a completed application for registration in the form set by the registration committee;

(b) payment of any required fees; and

(c) provision of the following information as requested by the registration committee:

[…]

(vii) proof of a working knowledge of the English language that the registration committee considers sufficient to enable the person to practice audiology or speech-language pathology in the province.

Commission of Inquiry into Missing and Murdered Indigenous Women and Girls in Canada Order, N.L.R. 77/16 - Public Inquiries Act, 2006, SNL 2006, c P-38.1 [en anglais seulement]

4. Terms of Reference

4. (2) The commission of inquiry, in carrying out the terms of reference, shall consider that the inquiry is intended, to the greatest extent possible,

[…]

(c)   to be culturally appropriate and to acknowledge, respect and honour the diverse cultural, linguistic and spiritual traditions of Indigenous peoples; and

Child Care Regulations, N.L.R. 39/17 - Child Care Act, SNL 2014, c C-11.01 [en anglais seulement]

21. Program

21. (1) The program of a child care service shall

[…]

(e) foster and enhance cognitive, creative, physical, emotional, social and language development; and

39/17 s21

Dental Hygienists Regulations – Health Professions Act, N.L.R. 54/13 [en anglais seulement]

4. Requirements for registration

4. (1) An applicant shall comply with the following registration requirements:

(a) submission of a completed application for registration in the form set by the registration committee;

(b) payment of any required fees; and

(c) provision of the following information as requested by the registration committee:

[…]

(vi) proof of a working knowledge of the English language that the registration committee considers sufficient to enable the person to practice medical laboratory technology in the province, and

Medical Laboratory Technologists Regulations – Health Professions Act, N.L.R. 76/12 [en anglais seulement]

4. Requirements for registration

4. (1) An applicant shall comply with the following registration requirements:

(a) submission of a completed application for registration in the form set by the registration committee;

(b) payment of any required fees; and

(c) provision of the following information as requested by the registration committee:

[…]

(vi) proof of a working knowledge of the English language that the registration committee considers sufficient to enable the person to practice medical laboratory technology in the province, and

Midwives Regulations – Health Professions Act, N.L.R. 17/16 [en anglais seulement]

4. Registration requirements

4. (1) An applicant shall comply with the following registration requirements:

(a) submission of a completed application for registration in the form set by the registration committee;

(b) payment of any required fees; and

(c) provision of the following information as requested by the registration committee:

[…]

(ix) proof of a working knowledge of the English language that the registration committee considers sufficient to enable the applicant to practice midwifery in the province,

Respiratory Therapists Regulations – Health Professions Act, N.L.R. 77/12 [en anglais seulement]

4. Registration requirements

4. (1) An applicant shall comply with the following registration requirements:

(a) submission of a completed application for registration in the form set by the registration committee;

(b) payment of any required fees; and

(c) provision of the following information as requested by the registration committee:

[…]

(vi) proof of a working knowledge of the English language that the registration committee considers sufficient to enable the person to practice respiratory therapy in the province, and

Licensed Practical Nurses Regulations – Licensed Practical Nurses Act, 2011, N.L.R. 2/11 [en anglais seulement]

3. Requirements and qualifications for licensure

3. The requirements and qualifications for a licence to practice as a practical nurse, in addition to those set out in section 12 of the Act, are

(a) completion of an application form that may be obtained from the college;

(b) proficiency in the English language that the board considers sufficient to enable the applicant to practise as a licensed practical nurse in the province;

Registered Nurses Regulations – Registered Nurses Act, 2008, N.L.R. 66/13 [en anglais seulement]

Part I – Registration

3. Registration

3. (1) A person applying to be registered as a registered nurse shall 

[…]

(e) demonstrate to the council in accordance with the standards approved by the council proficiency in the English language sufficient to enable the applicant to practise as a registered nurse in the province;

Massage Therapy Board Regulations – Massage Therapy Act, 2005, N.L.R. 67/05 [en anglais seulement]

4. Registration and licensing

4. (1) Registration and a licence to practise massage therapy shall be granted to a person

(a) who

[…]

(ix) demonstrates to the board a reasonable fluency in the English language and provides documents as required in these regulations in an English translation, if necessary, made by a person acceptable to the board, and

(x) submits a certificate of good standing from each jurisdiction where he or she previously held a licence to practise dated not more than 2 months before making the application, if applying from another jurisdiction; or

(b) who  fulfills the requirements of subsection 9(3) of the Act and meets the requirements imposed by section 3 and paragraphs 4(1)(iii) to (x) of these regulations. 

4. (2) Notwithstanding paragraph (1)(v), a person may provide proof of membership in the association within 30 days after the issuance of a licence.

 

9. Examinations

9. (1) The board shall offer competency examinations once a year, or more frequently, if it considers it necessary. 

9. (2) A person is eligible to take a competency examination if he or she

[…]

(d) demonstrates to the board’s satisfaction that he or she is reasonably fluent in English; and 

(e) submits a document of identification containing a photograph of the person.

Medical Regulations – Medical Act, N.L.R. 38/15 [en anglais seulement]

17. Application requirements

17. (1) In addition to the other requirements in the Act and the regulations, an application for registration or licensure shall include the following:

(a) payment of the fees approved by the council;

(b) proof satisfactory to the council of the person's reasonable fluency in the English language, which may include a requirement to complete an examination, approved by the council, to test fluency in the English language;

[…]

17. (2) In addition to the requirements in subsection (1), the Act and the regulations an application for licensure shall include proof satisfactory to the council that the person has sufficient liability protection or insurance coverage.

17. (3) All documents submitted to the college shall be

(a) legible and in English or translated into English by a person satisfactory to the council; and 

(b) where required by the council, verified by a third party agency approved by the council.

Personal Property Security Regulations – Personal Property Security Act, N.L.R. 103/99 [en anglais seulement]

21. Name information

21. (1) Where the debtor is an enterprise that is a corporation, the registrant shall enter the name of the corporation. 

21. (2) The registrant shall enter, under separate "Debtor ( Enterprise   )" headings in the registration, all forms of the name of a debtor that is a corporation if the name of the debtor is in more than one of the following forms: 

(a) an English form; 

(b) a French form; and 

(c) a combined English-French form.

103/99 s. 21

Petroleum Drilling Regulations – Petroleum and Natural Gas Act, C.N.L.R. 1150/96 [en anglais seulement]

17. Operator’s duties

17. An operator shall ensure that

[…]

(g) difference in language or other barriers to effective communication do not jeopardize the safety of operations on a drilling rig.

149/82 s. 17

Royalty Regulations – Petroleum and Natural Gas Act, 2003, N.L.R. 71/03 [en anglais seulement]

Part VI – Arbitration

48. Interpretation and application of arbitration code

48. (3) The following shall apply to an arbitration conducted under these regulations:

[…]

(e) an arbitration shall be conducted in English;

Social Workers Association Regulations – Social Workers Association Act, C.N.L.R. 1132/96 [en anglais seulement]

4. Application form and procedure

4. An application shall be in the form prescribed by the board and shall

(a) contain information about the applicant concerning the following matters:

[…]

(iii) the languages spoken or understood,

159/93 s. 4

Teacher Certification Regulations – Teacher Training Act, C.N.L.R. 1134/96 [en anglais seulement]

3. Initial certificate or licence

3. (1) An applicant for an initial certificate or a teaching licence shall submit

[…]

(f) where required, results of an approved English proficiency test; and

(g) a Teacher Certification Confidential Disclosure Form provided for the purpose by the registrar.

41/88 s. 3; 232/89 s. 1; 61/97 s. 1; 28/08 s. 1

 

5. Certificates II and III

5. (1) A certificate classified as a Certificate II may be issued to an applicant who holds a certificate classified and issued under previous regulations as a Certificate I and is credited with 20 courses on a program of studies leading to a degree in education and of which not less than 4 courses are in education and 2 courses are in english.

5. (2) Notwithstanding subsection (1), a certificate classified as a Certificate II may be issued to an applicant who has completed the diploma in native and northern education in Labrador.

5. (3) A certificate classified as a Certificate III may be issued to an applicant who holds a certificate classified and issued under these or previous regulations as a Certificate II and

(a) is credited with 30 courses on a program of studies leading to a degree in education and of which not less than 6 courses are in education and 2 courses are in english; or

232/89 s. 2

 

6. Certificate IV

6. (1) A certificate classified as a Certificate IV and endorsed "Secondary Education Teaching Certificate" may be issued to an applicant

(a) who is credited with either 40 courses leading to a degree in other than primary/elementary education, and of which not less than

(i) 2 are courses in english,

(ii) 18 are courses in subjects taught in schools in the province,

(iii) 10 are courses in secondary education, including successful completion of a student-teaching practicum; and

(b) whose additional courses are within his or her degree program; or

(c) who holds an approved education degree.

6. (2) A certificate classified as a Certificate IV and endorsed "Primary/Elementary Education Teaching Certificate" may be issued to a candidate

(a) who is credited with 40 courses leading to a degree in primary or elementary education, and of which not less than

(i)  2 are courses in english,

(ii) 10 are courses in subject areas taught in the schools of the province,

(iii) 18 are courses in primary or elementary education;

(b) who has successfully completed a student-teaching practicum; and

(c) whose additional courses are within the requirements of the primary or elementary degree program; or

(d)  who holds an approved education degree.

6. (3) A certificate classified as a Certificate IV and endorsed "Primary/Elementary/Secondary Education Teaching Certificate" may be issued to an applicant whose qualifications meet the requirements for the issue of a certificate under subsections (1) and (2).

6. (4) Notwithstanding subsections (1), (2) and (3), all applicants to whom certificates are issued after December 31, 1994 must hold an approved education degree.

41/88 s. 6; 173/94 ss. 1-3

Tobacco and Vapour Products Control Regulations, NLR 55/17 - Tobacco and Vapour Products Control Act, SNL 1993, c T-4.1 [en anglais seulement]

3. Signs

3. (1) For the purpose of paragraph 4.5(a) of the Act a sign that lists the types of tobacco, vapour products or non-tobacco shisha for sale and their prices may be displayed in accordance with subsection (2) in a place or premises in which tobacco, vapour products or non-tobacco shisha is sold or offered for sale if the sign complies with the following requirements:

[…]

d) the text on the sign shall use only the following words, or an abbreviation or an equivalent in another language, to list the types of tobacco, vapour products or non-tobacco shisha for sale 

(i)   cigarettes, 

(ii) cigarillos, 

iii) cigars, 

(iv) smokeless tobacco, 

v) loose tobacco, 

(vi) vapour products,

(vii) non-tobacco shisha,