Breau

Parties/Partis: Debbie A. Breau v. Public Service Commission Appeal Board

Court # Cour: A-953-85

Judgment/Jugement Date: 1986-10-15

PRATTE J.

We do not need to hear you, Mrs. McIsaac.

In order to qualify under paragraph 4(1)(a) of the Public Service Official Languages Exclusion Approval Order, a person has to demonstrate that he or she may attain, through language training at public expense the required knowledge of the other official language. On the other hand, it is common ground that Treasury Board may, under subsection 7(1) of the Financial Administration Act, fix a maximum period for the duration of language training at public expense. It follows that when, as in this case, that power has been exercised, a person must, in order to qualify under paragraph 4(1)(a) of the Order, demonstrate his or her ability to attain the required knowledge of the other official language within the time prescribed by Treasury Board. This, in our view, in no way contradicts the terms of the Order.

The application will, therefore, be dismissed.

LOUIS PRATTE, J.F.C.C.