An Act for the Substantive Equality of Canada's Official Languages

An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts

Sponsor

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 amends the Official Languages Act to, among other things,
(a) specify that all legal obligations related to the official languages apply at all times, including during emergencies;
(b) codify certain interpretative principles regarding language rights;
(c) provide that section 16 of that Act applies to the Supreme Court of Canada;
(d) provide that a final decision, order or judgment of a federal court that has precedential value is to be made available simultaneously in both official languages;
(e) provide for Government of Canada commitments to
(i) protect and promote French,
(ii) estimate the number of children whose parents are rights holders under section 23 of the Canadian Charter of Rights and Freedoms ,
(iii) advance formal, non-formal and informal opportunities for members of English and French linguistic minority communities to pursue quality learning in their own language throughout their lives, including from early childhood to post-secondary education, and
(iv) advance the use of English and French in the conduct of Canada’s external affairs;
(f) clarify the nature of the duty of federal institutions to take positive measures to implement certain Government of Canada commitments and the manner in which the duty is to be carried out;
(g) provide for certain positive measures that federal institutions may take to implement certain Government of Canada commitments, including measures to
(i) promote and support the learning of English and French in Canada, and
(ii) support sectors that are essential to enhancing the vitality of English and French linguistic minority communities and protect and promote the presence of strong institutions serving those communities;
(h) provide for certain measures that the Minister of Canadian Heritage may take to advance the equality of status and use of English and French in Canadian society;
(i) provide that the Minister of Citizenship and Immigration is required to adopt a policy on francophone immigration and that the policy is to include, among other things, objectives, targets and indicators;
(j) provide that the Government of Canada recognizes the importance of cooperating with provincial and territorial governments;
(k) provide that the Treasury Board is required to establish policies to give effect to certain parts of that Act, monitor and audit federal institutions for their compliance with policies, directives and regulations relating to the official languages, evaluate the effectiveness and efficiency of policies and programs of federal institutions relating to the official languages and provide certain information to the public and to employees of federal institutions;
(l) enable the Commissioner of Official Languages to enter into compliance agreements and, in certain cases, to make orders; and
(m) enable the Commissioner of Official Languages to impose administrative monetary penalties on certain entities for non-compliance with certain provisions of Part IV of that Act.
It also makes a related amendment to the Department of Canadian Heritage Act .
Part 2 enacts the Use of French in Federally Regulated Private Businesses Act , which, among other things, provides for rights and duties respecting the use of French as a language of service and a language of work in relation to federally regulated private businesses in Quebec and then, at a later date, in regions with a strong francophone presence. That Act also allows employees of federally regulated private businesses to make a complaint to the Commissioner of Official Languages with respect to rights and duties in relation to language of work and allows the Commissioner to refer the complaint to the Canada Industrial Relations Board in certain circumstances. It also provides that the Minister of Canadian Heritage is responsible for promoting those rights. Finally, Part 2 makes related amendments to the Canada Labour Code .

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 15, 2023 Passed 3rd reading and adoption of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts
May 11, 2023 Passed Concurrence at report stage of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts
May 11, 2023 Passed Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts (report stage amendment)
May 11, 2023 Passed Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts (report stage amendment)
May 11, 2023 Passed Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts (report stage amendment)
May 30, 2022 Passed 2nd reading of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts
May 30, 2022 Failed 2nd reading of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts (amendment)
May 30, 2022 Failed 2nd reading of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts (subamendment)
May 20, 2022 Passed Time allocation for Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts

November 8th, 2023 / 4:55 p.m.
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Bloc

Mario Beaulieu Bloc La Pointe-de-l'Île, QC

You aren't ready to acknowledge that French is declining, but you admit that the federal government has a responsibility to protect French in Quebec. Is that correct?

Do you understand how that's a bit troubling? Since 2020, the Liberals, the former minister of Official Languages and others have repeated that their government is the first one to acknowledge the decline of French. Bill C‑13 was amended to include the fact that French must also be protected in Quebec, but it seems that many Liberals don't acknowledge the decline of French.

The former minister of Official Languages acknowledges that French has declined as a mother tongue, while the Minister of Official Languages seems to recognize the decline across all indicators.

Whether it's the first official language spoken or the language of work, all the indicators show that French has declined, not just in Quebec and Canada, but in France as well. It's a bit troubling if you don't acknowledge that.

As President of the Treasury Board, you are responsible for providing follow‑up and giving instructions. The Treasury Board plays an important role in part VII of the Official Languages Act.

What measures will be taken to protect French in Quebec?

November 8th, 2023 / 4:55 p.m.
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President of the Treasury Board

Anita Anand

I'm responsible for implementing Bill C‑13. I'm also responsible for supporting both official languages across our country, not just in Quebec.

November 8th, 2023 / 4:45 p.m.
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Conservative

The Vice-Chair Conservative Joël Godin

Thank you, Ms. Anand.

I've come to my final question.

Your government committed to amending the Official Languages Act in 2019. In 2021, it tabled a white paper stating in black and white that there should be a central agency. Again in 2021, it introduced Bill C‑32. In 2022, it introduced a second bill, Bill C‑13, and shut down clause-by-clause consideration in committee so it could move forward as fast as possible.

How can you claim to be listening to the communities when you say that Bill C‑13 won't come into force for two or three years, as you told a Senate committee?

November 8th, 2023 / 4:45 p.m.
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President of the Treasury Board

Anita Anand

We have Bill C‑13, and, yes, I think we must—

November 8th, 2023 / 4:40 p.m.
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Conservative

The Vice-Chair Conservative Joël Godin

The clock starts now for six minutes.

Minister, the Parliamentary Budget Officer claims there isn't enough money for you to implement Bill C‑13, which became the new Official Languages Act this past June.

Will you be hiring a consulting firm, as the Treasury Board has previously done, so you can come up with the money by determining how we can eliminate a lot of consulting firms from the machinery of government?

November 8th, 2023 / 4:35 p.m.
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Anita Anand President of the Treasury Board

Thank you, Mr. Chair.

Before starting, I want to recognize that we are meeting today on the unceded land of the Algonquin Anishinaabe people.

I am joined today by Carsten Quell, Executive Director of the Official Languages Centre of Excellence. I am delighted to be appearing for the first time before the committee as President of the Treasury Board. I want to acknowledge the important work that the committee is doing in defence of our official languages. I also want to thank you for your thorough review of Bill C‑13.

Bilingualism has always been one of my priorities since I was a child. I was born in Kentfield, Nova Scotia, to parents who had immigrated from India. My parents did not speak French, but they made sure that I learned both official languages. They did not do the same for my sisters, but I don't know why. I attended French immersion classes and learned the language at school.

It isn't just a good thing for a federal minister to be able to speak both official languages; it's also a responsibility that we take very seriously. My senior officials, like Mr. Quell, who is here with me, know that they can always choose to send me documents in English or in French and can also conduct briefing sessions in French. That's one of the reasons why I always tell my francophone staff, officials and colleagues that we can communicate in French if they so wish.

One of the most important aspects of my mandate is guaranteeing a fundamental right of all Canadians, the right to receive services from federal institutions in the official language of their choice.

As we all know, the modernized act expands the Treasury Board's role to include monitoring of the support provided for the vitality of the anglophone and francophone minority communities, the promotion of both official languages in Canadian society and the protection and promotion of the French language. It also confers on me, as President of the Treasury Board, a more prominent leadership role in implementing and administering the policy on official languages.

The modernized act also reinforces bilingual leadership in the public service. The deputy ministers and associate deputy ministers of the federal departments will now have to take mandatory language training, unless they are already bilingual, so that they can speak and understand both official languages.

Lastly, I would like to note that my department is also developing regulations that will provide us with a framework for ensuring that we comply with all sections of the act. I will be working on this file with Mr. Boissonnault and all concerned stakeholders. This is a priority, and since these important regulations will require extensive consultation, we will therefore take the time we need to do this work properly.

There has been no doubt in my mind, since I was a child, that it is extremely important to speak French, and that thought motivates me in the work I do every day.

My team and I will be happy to answer your questions.

Thank you very much.

November 1st, 2023 / 4:55 p.m.
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Bloc

Mario Beaulieu Bloc La Pointe-de-l'Île, QC

According to Bill C‑13 and statements by ministers and other people, the new approach involves also protecting French in Quebec. In the envelope provided for official languages, is there something different that will be for the francophone side? They say that the vitality of linguistic communities depends on their economic development and that...

Opposition Motion—Immigration Thresholds and Integration CapacityBusiness of SupplyGovernment Orders

October 31st, 2023 / 4:35 p.m.
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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Madam Speaker, I will be sharing my time with the member for Pontiac.

I think immigrants are poems in Quebec. I will come back to that a little later. Quebec is a welcoming society, much more welcoming than its government's words and actions might sometimes imply.

According to a Leger poll conducted in May 2023, which is consistent with the figures quoted by my hon. colleague earlier, roughly 20% of Quebeckers think we should welcome more or far more immigrants, as opposed to 17% elsewhere in Canada. This highlights a rather interesting fact about public opinion in Quebec. I would go so far as to say that Quebec could serve as an example to a number of countries that are facing far less significant demographic challenges, but that have strong reactions to immigrants. The U.S. of the last few years obviously comes to mind.

For quite some time, Quebec has extended a generous, and sometimes very charitable, welcome towards those who have come from abroad and who are very often in a desperate state. In particular, I am thinking of the Irish people who arrived in Montreal in the 19th century, suffering from disease, most notably typhus.

By the way, I would like to draw attention to my friend Scott Phelan, who, along with Fergus Keyes and many others too numerous to name, is working hard at the Montreal Irish Monument Park Foundation to redevelop the area around the famous Black Rock, which sits on a median in between the four lanes of Bridge Street, at the foot of the Victoria Bridge. This rock marks the burial place of 6,000 Irish people who fled the Great Famine of 1847 and had typhus, as I mentioned. Their graves were discovered in 1859 by workers building the Victoria Bridge, who were themselves Irish.

An interesting fact is that about 70,000 Irish immigrants arrived on the shores of the St. Lawrence in Montreal at a time when the population of the entire island was only 50,000.

Let me now speak about my own riding, located on the island of Montreal, the riding of Lac-Saint-Louis, in a region that is sometimes mocked here as the “West Island”, for example during the debates on Bill C-13. Singling out any region of Quebec for mockery is not worthy of Quebeckers and Quebec values.

I would like to take a moment to describe my riding of Lac-Saint-Louis. In terms of demographics, 71% of the population is bilingual, and about 42% of people have English as their mother tongue, while French is the mother tongue of about 22%. By the way, it is Premier Legault's home riding.

The riding is home to two CEGEPs, including the Gérald Godin CEGEP, which is an important hub of francophone Quebec culture. The CEGEP regularly hosts French-language music, theatre and film performances of the greatest variety and quality in its concert hall, named after Pauline Julien. As most Quebeckers know, Gérald Godin and Pauline Julien had a great love story that took place during an exciting time in the history of Quebec and Canada.

I would like to mention outstanding leadership of Annie Dorion, the director of the Salle Pauline-Julien. She has made this concert hall a true cultural jewel on the West Island. I would invite all hon. members to consult its events calendar and come for a visit.

Lac-Saint-Louis also has an English CEGEP, John Abbott College, where several House of Commons pages studied. This CEGEP is located in the heart of the Macdonald campus of McGill University, an internationally renowned academic institution. McGill University is unfortunately affected by the recent announcement about higher tuition fees for out-of-province students.

This announcement is part of an improvised and populist policy that is not justified. Why is the Quebec government afraid of the roughly 35,000 students who come to Quebec for post-secondary education, some of whom will choose to stay there for the long term because of their love for the French language and Quebec culture and who will use their brainpower to help advance the Quebec nation? What next? Will the Quebec government limit tourism?

The Bloc Québécois motion talks about the provinces' capacity to integrate immigrants, a very valid concern. However, the motion suggests that this capacity remains static, whereas we need to see things in real time. We must call on the provinces to work actively, hand in hand, particularly with professional bodies, to ensure greater capacity for newcomer integration in social services, health, education and the building trades, for example. This is needed in order to ensure Quebec has the workforce it needs to address the housing crisis, so that when we unfortunately have to go to the hospital, quality health care can be provided to us, or when parents have to send their child to school, there is a teacher at the front of the classroom.

I would like to come back to the very first sentence of my speech: “immigrants are poems in Quebec”. Who said that? It was Gérald Godin. According to an article published in Le Devoir on October 21, 2023, by Jonathan Livernois, a professor at Laval University, Gérald Godin had a “particular interest in economic immigrants”. I will again quote Professor Livernois, in reference to an interview with Minister Gérald Godin in January 1984 on the TV show Impacts, which some members will recall:

Robert Guy Scully spoke with his guest about undocumented immigrants, who at the time numbered between 50,000 and 200,000 in Canada. The host asked, “Do you think that rich countries, like Canada, will have to tighten their borders, perhaps even brutally, against poor countries?” Godin rejected the idea, believing on the contrary that mobility must not be curtailed and that we must take advantage of the extraordinary vitality of all those who move around the world, with or without documentation.

Mr. Livernois's article goes on to say:

These days, it is not uncommon to hear a premier on the campaign trail, when asked about integrating immigrants, blurt out that Quebeckers do not like violence and that we have to “make sure we keep things as they are”. During the same election campaign, an immigration minister can say that “80% of immigrants go to Montreal, do not work, do not speak French and do not subscribe to the values of Quebec society”.

That is quite the contrast.

October 30th, 2023 / 11:30 a.m.
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Liberal

Marc Serré Liberal Nickel Belt, ON

Just quickly, I want to make sure the committee understands and get the facts out that this is not a programming motion. It's a scheduling motion. There's a difference. I had the same scenario with Bill C-13 at official languages, and the Conservative Party argued about the differences. I would suggest you understand the difference.

This is a programming motion—I mean a scheduling motion. I'm sorry. The last time with Bill C-13 at official languages, the internal filibustering lasted for about eight sessions on just that point. This is scheduling and moving legislation that's in the House to the committee, which is what we need to do.

October 30th, 2023 / 11:10 a.m.
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Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Starting in 1988, the Commissioner has had to ensure that the official languages are respected. In 2023, with Bill C‑13, the Commissioner is no longer asked simply to ensure that the official languages are respected; he now has a duty to enforce the provisions of the Act.

What has changed for you between the version of the Official Languages Act that existed before Bill C‑13 and the version that has been in force since June 2023?

October 25th, 2023 / 5:50 p.m.
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Liberal

Marc Serré Liberal Nickel Belt, ON

Thank you, Mr. Chair.

I'm very proud of the work the committee did on Bill C‑13. Every political party, 300 parliamentarians and everyone here in this room voted in favour of this bill. We have seven provinces represented today.

I wouldn't be a member of Parliament if not for official languages. My father was here in 1969. He voted for the first version of the Official Languages Act. It's definitely very important.

Mr. Minister, let's talk a bit about education. As you know, things are tough, especially for francophone universities in minority communities. They are in danger.

There are two things to consider here. The first is the action plan and how we are going to tackle the situation. The second is related to the fact that, as you know, on June 30, Ontario's Conservative government flatly rejected the University of Sudbury's proposal to add courses in French “by and for” francophones, a proposal the federal government supported.

I would like to hear your opinion on that. We know it's under provincial jurisdiction, but seeing as we're all here, I'd like to know what you think.

October 25th, 2023 / 5:35 p.m.
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Liberal

Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS

Thank you very much, Mr. Chair. I'd like to inform you that I'll be sharing my speaking time with Mr. Iacono.

I just want to remind Mr. Dalton that the amendment to Bill C‑13 respecting the Treasury Board was moved by the Conservatives, and I voted for it, which should please Mr. Dalton.

Minister, I'm very proud of your appointment and to have you here in committee. As you know, we've been working together, toward the same objective, since 2015. Now we have tools in the toolbox that we can use to do a lot of things that we've had trouble achieving in the past. There are francophones, the "francocurieux", of course, but Acadians as well. It's very important not to forget the Acadians of Nova Scotia and New Brunswick.

My question is brief because I don't want to take up too much of my colleague's time. The Réseau pour le développement de l'alphabétisme et des compétences plays a very important role in the learning process and in skills development in minority language communities. I know that organization has asked your department to renew its agreement, which is a very important factor in enabling it to continue its work. Would you please tell the committee where matters stand in that file?

October 25th, 2023 / 5:35 p.m.
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Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

It was to pass Bill C-13 and implement it, should it be passed.

October 25th, 2023 / 5:35 p.m.
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Liberal

Randy Boissonnault Liberal Edmonton Centre, AB

Look, I will say this very clearly: I don't write mandate letters. I receive them. I have a very clear mandate letter from the mandate of my predecessor. It was a very clear mandate letter, colleagues. It's to get Bill C-13 passed and then to implement it. That's it. That's the job.

I said it in French earlier. I'm the conductor of the orchestra here, so I want to make sure we have everybody on the stage, they're playing the music we want to hear and we're dealing with the issues we have to deal with.

We had a big win in this modernization of official languages because we now have the President of the Treasury Board responsible for part VII.

October 25th, 2023 / 5:10 p.m.
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Conservative

Joël Godin Conservative Portneuf—Jacques-Cartier, QC

Now that Bill C‑13 has been passed into law, is the section on immigration in force?