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C-11 - Charter of the French language
Section 46.1
Disposition versions
46.1. An employer is deemed not to have taken all reasonable means to avoid requiring knowledge or a specific level of knowledge of a language other than the official language if, before requiring such knowledge or such a level of knowledge, one of the following conditions is not met:
(1) the employer assessed the actual language needs associated with the duties to be performed;
(2) the employer made sure that the language knowledge already required from other staff members was insufficient for the performance of those duties; or
(3) the employer restricted as much as possible the number of positions involving duties whose performance requires knowledge or a specific level of knowledge of a language other than the official language.
Without restricting the scope of the preceding paragraph, that paragraph must not be interpreted in a way that imposes on an employer an unreasonable reorganization of the employer’s enterprise.
