Bill C-32 (Historical)

An Act for the Substantive Equality of French and English and the Strengthening of the Official Languages Act

An Act to amend the Official Languages Act and to make related and consequential amendments to other Acts

This enactment amends the Official Languages Act to, among other things,
(a) codify certain interpretative principles regarding language rights;
(b) provide that the Minister of Canadian Heritage is responsible for exercising leadership within the Government of Canada in relation to the implementation of that Act;
(c) provide that section 16 of that Act applies to the Supreme Court of Canada;
(d) provide for Government of Canada commitments to
(i) protect and promote French,
(ii) contribute to an estimate of the number of children whose parents are rights holders under section 23 of the Canadian Charter of Rights and Freedoms,
(iii) advance 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;
(e) 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, 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;
(f) 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;
(g) provide that the Minister of Citizenship and Immigration is required to adopt a policy on francophone immigration;
(h) provide that the Government of Canada recognizes the importance of cooperating with provincial and territorial governments;
(i) provide for rights 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 regions with a strong francophone presence;
(j) provide that the Treasury Board is required to 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;
(k) enable the Commissioner of Official Languages to enter into compliance agreements and, in certain cases, to make orders; and
(l) permit employees of federally regulated private businesses in Quebec and regions with a strong francophone presence to make a complaint to the Commissioner of Official Languages with respect to rights and duties in relation to language of work, and permit that Commissioner to refer the complaint to the Canada Industrial Relations Board in certain circumstances.
It also makes related and consequential amendments to other Acts.

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

[Brendan Hanley, Liberal, Yukon, YT]

Madam Speaker, I will be sharing my time with the member for Berthier—Maskinongé.

As the resident of a rather remote area, I think it is important to talk about the situation in Yukon.

Yukon has a population of 40,000. Fourteen percent speak French and English and about 5%, or 1,600 people, speak French as their first language. Yukon has Canada's third-largest per capita population of francophones. It is a dynamic, spirited, and engaged community that has made a lot of progress in the past decades.

The francophone renaissance in Yukon started in the 1970s after the passage of the Official Languages Act. Strengthened by the federal government's engagement, Yukon's francophone community has grown in every way ever since.

Culturally speaking, Yukon's francophone community is strong. It has an influence on all of Yukon's communities. The progress continues. In fact, Yukon will soon be opening a bilingual health centre. Recently, we learned that a third French-language school will open in Dawson City for the next school year. Dawson City is located in northern Yukon. It is a small city with a big spirit and a great history.

The number of students in French immersion classes in Yukon has skyrocketed. Now, you can hear people speaking French all over Yukon.

As a francophile, I am proud to see the progress made since the implementation of Canada's Official Languages Act.

Personally, I pretty much grew up with the advancement of French as an official language in Canada. In the 1970s, I found the idea of a bilingual Canada inspiring. I was inspired by none other than Pierre Elliott Trudeau to try to bring the two solitudes together through a better mutual understanding and through the use of the other language.

I went into a French immersion program in Alberta. I travelled. I studied in France. Later on, I lived in Montreal for a few months. I lived and worked in a francophone environment abroad. I did my best to improve my French through the years. Obviously, it is far from perfect, but the basics are there. It is enough to allow me to participate, at least to some extent, in the francophone community, a community that is very open to francophiles.

Now, my wife speaks French as a second language. Both of my children, who grew up in Yukon, went to French institutions for the majority of their preschool and school years and are perfectly bilingual.

Yukon has such a strong francophone population that it attracts people from Canada, Acadia, Quebec, France and other francophone countries who are looking for a life of adventure in a northern community while keeping their ability to speak French.

With Bill C‑13, we can go even further by supporting our official language minority communities and contribute to the richness of everyone's life.

When I was campaigning as a first-time candidate, I learned about the former Bill C‑32 and about how important it was to the francophone community that the bill be improved. The need for swifter, stronger action to amend the Official Languages Act was one of the key measures I had in mind when I arrived as a new member of Parliament.

I am therefore pleased to talk about the successful and hard work of the Minister of Official Languages, the Parliamentary Secretary to the Minister of Official Languages and their team, as well as the consultations and analyses that went into the development of Bill C‑13.

This bill is important for all Canadians, including those who live far from the centre and those of us who live in the north. A strong Official Languages Act is important for all languages, including indigenous languages. I know that people in Yukon are familiar with this cross-fertilization, with the active preservation and promotion of language rights, whether they be for official languages or indigenous languages. They each help the other.

It is in this context that I speak not only of the significant progress we have made with Bill C‑13, but also of the improvements that give this new bill more teeth. I am talking about positive measures, a central agency and a scope that will benefit us all.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I appreciate the question from my hon. colleague, but I have to say that there is something kind of ironic.

Although I agree with what she said about promoting French in official language minority communities, I find it ironic that she accused me of wanting to delay a bill, when it took the Liberals seven years to introduce Bill C‑13. They are the ones who decided to call an election rather than adopt the previous bill they had introduced in the House, Bill C‑32.

I proposed an amendment that would allow us to go further, to take into account all of the advice that was given by the Fédération des communautés francophones et acadienne du Canada and by Quebec, for example, and to give us more time to design a better bill. I am not asking for seven years. I am asking for it to be sent to parliamentary committee so that we can improve it and pass a better bill.

I think it is worth taking a few weeks to come up with a better bill for the good and the future of French in Canada.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, let us talk about your Acadian roots. As the member for the riding of West Nova, you represent two rather impressive francophone minority regions. We have had a chance to talk about this together. Some of my colleagues may get a chuckle out of this, but we talked about “par-en-haute” and “par-en-bas”, two Acadian-sounding names. Since I have known you, you have always supported and stood up for these francophone minority communities. The fact that you stood up this evening to remind us that you are a native Acadian, meaning that you are a native francophone, shows us how important the francophone fact is to you, not only in Nova Scotia, but across Canada. Thank you very much for clarifying that for us following the speech by my colleague from Hull—Aylmer.

This brings me to the topic of this Canadian Confederation, which was created in 1867, 155 years ago, through the union of two founding peoples, one francophone and one anglophone, with help from the first nations, of course.

What I want to talk about is this founding spirit, this spirit of co‑operation that still needs to be at the centre of government action today, 155 years later. In 2022, when we make laws and implement policies here in Canada, we must always keep in mind the fact that two nations, one francophone and one anglophone, decided to found this great country, Canada, together.

From the very beginning, one of the key aspects of this co‑operation has been the French language. French is part of Canada's identity. As I was saying, it is the federal government's responsibility to ensure that francophone communities thrive from coast to coast to coast.

I am thinking about Acadian communities, such as yours, Mr. Speaker, especially minority communities and the francophone communities “par-en-haute” and “par-en-bas”. I think that I will enjoy using these names. To give people some context, these names refer to St. Marys Bay and Argyle, if I am not mistaken.

Mr. Speaker, you see, we chatted a bit and you had the chance to describe that community to me.

There are also Franco-Ontarian communities, Franco-Manitoban communities, Franco-Saskatchewanian communities and Franco-Albertan communities. With one of my colleagues, I had the chance to visit some francophone communities in Alberta, such as the municipality of Falher. It is rather surprising.

When we travel around Alberta and enter a village in the middle of the province, we hardly expect to feel like we are in an entirely francophone community, yet that is reality, that is not just a feeling. We go out, we talk with people in shops and restaurants, and French is the dominant language.

There is still a wonderfully strong francophone presence in many regions of Canada. What we expect is for the federal government to take action, instead of being content to talk about the importance of francophone communities to Canada. It is time for action. Unfortunately, in the past, instead of taking action, this Prime Minister's Liberals have often turned a deaf ear to the demands coming from francophone communities and from Quebec.

They have been bragging for years about wanting to promote the Canadian francophonie, but it has to be said that, for some Liberals, francophones are a minority like any other. We must always stand up against this utterly false assumption. This goes back to the foundation of the Confederation.

The modernization of the Official Languages Act was pushed back year after year, in spite of the Liberals' promises to Canadians during the 2015 election campaign. For years, several francophone organizations, including the Fédération des communautés francophones et acadienne, and official languages commissioners have called for an overhaul of the Official Languages Act.

Members will recall that the Liberals proposed a modernization in 2018. It was also a campaign promise in 2019. Finally, a first bill to modernize the act, Bill C-32, was tabled in June 2021. What happened to Bill C‑32? It died on the Order Paper because the Prime Minister chose, in the middle of summer and at the height of a pandemic, to call a pointless and costly election that forced us to start from scratch once again.

The last time the Official Languages Act was modernized, it was under Brian Mulroney, a Conservative prime minister who was also proud of his Quebec and francophone roots.

For decades, the Liberals and the Prime Minister have refused to recognize something that is essential to the survival of the French language. It is that, of the two languages that were originally spoken at Confederation, just one is threatened today. Let me be clear. The federal government must make it a priority to protect the French language and to keep protecting it. That is the role of the federal government.

The French language is more than just a simple means of communication. It is more than just the soul of the Quebec nation. It is the soul of Canada and it is a testament to our country's long history. The federal government has a duty to protect the French language and to ensure that it remains valued as part of the government's daily operations and in the enforcement of our laws and regulations. Those of us on this side of the House will not budge on that.

The Conservatives have been asking the Liberals for years to modernize the Official Languages Act. We proposed many measures to protect French in Quebec and the rest of Canada, meaning in minority communities. I want to commend my colleagues from Portneuf—Jacques-Cartier and Richmond—Arthabaska for their outstanding work on the Official Languages Act file. They met with groups from all parts of Canada. They held discussions and sought out people's thoughts and opinions so that we would truly understand the reality of people living in French across Canada, mainly in Quebec, but also in other regions.

How do they live in French? Are they able to get services in French? Do they have enough support in French? Are they able to raise their families in French in other parts of Canada?

That is particularly important in rural areas and in francophone minority communities. I think that is something that the government overlooked in the current version of Bill C‑13.

In addition to wanting to modernize the act, we made other proposals, such as increasing the powers of the Commissioner of Official Languages. We want the Treasury Board to have the authority to ensure that the act is applied in all federal departments. We have also suggested that an official languages administrative tribunal be created to settle disputes involving the act, to impose stricter penalties on those who do not comply, and to add more stringent formal obligations to part VII of the act.

Then, we worked to provide federal funding to francophone post-secondary institutions in minority settings, such as the Université de Moncton, the University of Alberta's Campus Saint‑Jean, and the Université de l'Ontario français. We have also proposed a new budget envelope of $30 million per year, notwithstanding any future funding, and collaborating with the provinces to achieve these objectives.

With the official languages in education program, we increased support for French-language education at the elementary and high school levels to better reflect the demographic growth of francophone students. Yes, demographic growth is happening in several regions with minority francophone communities.

In addition, to ensure that the demographic weight of francophone minorities outside Quebec remains stable, we are setting out to increase the number of French-speaking immigrants, not only in Quebec, but across Canada.

These are some of the measures we put forward to protect minority francophones and their rights.

As the member for Hull—Aylmer said, the government did take its time, unfortunately. It took seven years to introduce its bill. It said it needed to do it right. Unfortunately, despite seven years of consultations, pressure and advice, it seems the government did not really listen to what people directly affected by the Official Languages Act reform want.

Several key points were left out by the Liberal government, but I will talk about those a little later.

This took seven years of work. However, it seems that a few months were wasted on things other than the Official Languages Act.

In our view, Bill C‑13 is a rather weak legislative response to the decline of French in this country. As we have already pointed out, what is needed are real reforms, not just minor tweaks.

As it took seven years of work, we were expecting the Liberal bill to deal with the whole picture, the entire issue, all the problems and all the situations. However, it seems that the key reforms promised by the Liberals are unfortunately nowhere to be found in this bill.

As I said, the Liberals could have acted much earlier, not to introduce a bill, but to protect French in Canada. Our concern is not amending the bill or changing the regulations or rules and so on. Our role, and our aim, is to protect French in this country.

As currently drafted, Bill C‑13 will unfortunately not stop the decline of French, either in Canada or in Quebec.

As always, the Liberals are good at talking, but not so good at listening. They did not act on the advice that they received from francophone organizations, such as the Fédération des communautés francophones et acadienne du Canada. One of the things that the FCFA called for was the elimination of the division of powers between the Treasury Board and Canadian Heritage. This was a clear, concrete and specific request that would have given the reform of the Official Languages Act some teeth. I will come back to this a little later.

The bill has no teeth. The bottom line is that there is no obligation to deliver results. Bill C‑13 is full of good intentions, but it contains little that will really stop the decline of French. When certain situations arise, the government is not going to know who can do what. No one will be able to do anything to fix the situation.

Liane Roy, the president of the FCFA, said, “There are some significant gains, but some things still need to be worked on before we can say 'mission accomplished'.”

As my colleagues can see, I am not just saying negative things. Some people have had positive things to say, but others have been more scathing, saying that the bill should have gone much further.

The president of the Assemblée de la francophonie de l'Ontario said that, compared with the previous bill, Bill C‑32, there are some improvements. It took a bit of time to make it better, but it is not good enough yet. More improvements are needed.

We identified six major problems with Bill C‑13.

The first is the government-wide coordination or the centralization of power in a single department. New subsection 2.1(1) makes the Department of Canadian Heritage responsible for “exercising leadership within the Government of Canada in relation to the implementation of this Act.” Everyone agrees that Canadian Heritage does not have the expertise to manage the other departments, unlike the Treasury Board. The Minister of Canadian Heritage can tell his colleagues to do this or that, but there is nothing he can do if they do not comply, except maybe refuse to give them flags for Canada Day. That is the only thing the Minister of Canadian Heritage can threaten his colleagues with.

If the Treasury Board had been made responsible for enforcing the act, it would be a whole different story. The Treasury Board is the one that holds the purse strings and authorizes all of the departments' spending. It is the one that oversees the other departments. The Treasury Board could have made the other departments implement the new version of the Official Languages Act. However, the government chose to go with the Department of Canadian Heritage. That is ineffective, and we think that only the Treasury Board should have been given the responsibility of implementing this act for many reasons that I will come back to at a later time.

Second, we are talking about promoting French and English. The act is being amended to set out federal commitments, specifically enhancing the vitality of minorities, promoting French and English, protecting French and expanding minority language learning. As I said, we believe that the term “commitment” and definitions of these commitments should be clarified. The Treasury Board should also be responsible for this aspect and for the entire act, as opposed to what is proposed in Bill C‑13. Furthermore, part VII of the act is not covered by the new power given to the Commissioner of Official Languages to issue orders, which is also problematic.

Third, we have immigration. The new clause 44.1 proposes that “the Minister of Citizenship and Immigration shall adopt a policy on francophone immigration to enhance the vitality of French linguistic minority communities in Canada”. However, there is no obligation to ensure that targets, objectives and indicators are met and respected. These are once again merely good intentions.

Fourth, the Commissioner of Official Languages is given three powers: to enter into a compliance agreement with federal institutions that contravene the act; to make an order directing any federal institution to rectify the contravention of part IV; and to impose administrative monetary penalties on a limited number of transportation companies offering passenger services that contravene part IV. We believe that these powers should extend to other parts of the act, specifically part VII. What is more, the maximum amount of these administrative monetary penalties is $25,000. We have to wonder what the deterrent effect of a $25,000 penalty would be for an organization like Air Canada, which had over $2 billion in revenue in 2021.

Fifth, the bill does not contain any obligation for the federal government to include language clauses in agreements made with other levels of government to ensure compliance with the Official Languages Act, especially where federal transfers are involved, despite the fact that the Federal Court of Appeal ruled that agreements lacking language clauses were invalid. Maybe the government should have listened just a tiny bit.

Sixth, the bill includes an important part about federally regulated private businesses. It creates a new act called “An Act to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts”. In Quebec, businesses would have the right to choose between the Quebec regime and the federal one. In other words, businesses would have a choice between getting punished and not getting punished.

In our view, this bill needs improvement. For these reasons, I move the following amendment:

That the motion be amended by deleting all the words after the word “That” and substituting the following:

“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, be not now read a second time but that the order be discharged, the bill withdrawn, and the subject-matter thereof referred to the Standing Committee on Official Languages.”.

In conclusion, Bill C‑13 does not constitute the reform the Liberals have been promising for years and does not fulfill those promises.

An Act respecting the French language

[Élisabeth Brière, Liberal, Parliamentary Secretary to the Minister of Mental Health and Addictions and Associate Minister of Health]

Madam Speaker, I am pleased to rise today to discuss Bill C-238 on the French language, sponsored by the hon. member for Salaberry—Suroît.

This bill is similar to bills tabled in previous sittings of Parliament. In the 43rd Parliament, we had Bill C-223, which would have required that immigrants living in Quebec have an adequate knowledge of Quebec, as well as Bill C-254, which sought to apply Quebec's Charter of the French Language to federally regulated companies by amending the Official Languages Act, the Canada Labour Code and the Canada Business Corporations Act.

Bill C‑238 essentially combines those two bills into one. We understand the Bloc's concern about the future of the French language, and we share that concern. As we acknowledged in the throne speech, the use of French is in decline throughout Quebec and across Canada. We have a responsibility to protect and promote French across Canada, including in Quebec.

Where we differ from the Bloc is in our response to this problem. In the last Parliament, the former minister of official languages tabled a document entitled “English and French: Towards a substantive equality of official languages in Canada”, which laid out our government's vision for official languages reform, and Bill C-32, our modernization of the Official Languages Act.

Together, these two documents represented the most ambitious reform of the Official Languages Act since its passage more than 50 years ago. They acknowledged the challenges faced by the French language from coast to coast to coast, including in Quebec, and they recognized for the first time that our government has a duty to protect and promote the French language. However, during our consultations with stakeholders across Canada over the summer, during the election campaign and after the election, we kept hearing that we needed to do more.

That is why, on March 1, in Grand-Pré, Nova Scotia, which is an important historical site for our Acadian community, the current Minister of Official Languages, a proud Acadian herself, tabled 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. This bill is noteworthy because it shares similar objectives with Bill C‑238, namely protecting and promoting the French language. However, it goes much further.

Bill C‑13 broadens the historical scope of the former Bill C‑32 by introducing even more protections for the French language. It ensures that francophones can work and receive services in their language, not only in Quebec, but in other regions of Canada with a strong Francophone presence.

That is why our government will not support Bill C‑238, because it does not protect and, by its very nature, cannot protect the French language and francophones from coast to coast to coast.

Let us compare the immigration provisions of Bill C‑238 with those in our bill. In the preamble to Bill C‑13, our government recognizes the importance of the contribution of francophone immigration to enhancing the vitality of French linguistic minority communities and that immigration is one of the factors that contributes to maintaining or increasing the demographic weight of those communities.

Moreover, our bill requires that the Minister of Immigration, Refugees and Citizenship adopt a policy on francophone immigration in order to enhance the vitality of French linguistic minority communities in Canada. This policy is to include objectives, targets and indicators, as well as a statement that the federal government recognizes that immigration is one of the factors that contributes to maintaining or increasing the demographic weight of French linguistic minority communities in Canada.

This is in addition to the administrative measures set out in the reform paper, which instruct the Minister of Immigration to set up a new francophone immigration corridor, recognize the importance of recruiting and retaining French-speaking and French-language teachers and increase opportunities for newcomers to learn French. There is a shortage of French-language teachers in Canada, particularly outside Quebec, and we need these measures in order to meet our francophone immigration objectives and to nurture the next generation of French-speaking Canadians.

As for the other part of Bill C-238, the section dealing with federally regulated businesses such as banks and airlines, here again, Bill C‑13 offers a more comprehensive solution.

Bill C-13 recognizes that Quebec has adopted the Charter of the French Language. In fact, it even creates a new law, the Use of French in Federally Regulated Private Businesses Act, which states that, in relation to communications with or services provided to consumers in Quebec or in relation to workplaces in Quebec, Quebec's Charter of the French Language applies instead of this bill if a federally regulated private business must be subject to the charter.

However, the Charter of the French Language does not protect francophones outside Quebec. As our government recognized in last year's reform paper, we have a duty to encourage federally regulated private businesses to promote the equal status of our two official languages in order to increase the use of French as a language of service and a language of work across the country.

That is what Bill C-13 does. We are making sure that Canadians have the right to work and be served in French in federally regulated private businesses in Quebec and other regions of Canada with a strong francophone presence. We require employers to communicate with their employees in French and prohibit discrimination against an employee solely because they speak only French or do not have adequate knowledge of a language other than French. We are also enacting legislation to ensure that consumers of goods and services have the right to be served in French.

These tools are necessary to support francophones across the country. That is what we are doing with Bill C-13, and Bill C-238 simply cannot do the same.

Once again, I would like to thank the member for Salaberry—Suroît for raising this extremely important issue. Like her, our government recognizes that the use of French is in decline across the country and that urgent action is needed not only to stop this decline, but also to reverse it and move toward a future where French grows stronger.

However, Bill C-238 does not and cannot do that. I hope that all members of the House will join us in passing Bill C-13 as quickly as possible so that we can meet the objective of protecting and promoting French from coast to coast to coast, including Quebec, for francophones across the country.

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

[Darrell Samson, Liberal, Parliamentary Secretary to the Minister of Veterans Affairs and Associate Minister of National Defence]

Madam Speaker, I certainly want to thank my colleague for her speech and her French. She even named francophone schools, communities and regions. That is very impressive. I thank her for sharing all that information.

If we take a close look at Bill C‑13, I do think we can see that it is a big improvement over Bill C‑32 in many ways, especially when it comes to the positive measures we need to see. These are concrete actions on the ground.

I also think that Treasury Board, despite being very busy, is the machine responsible for enforcing laws. That will really strengthen this act.

[Laila Goodridge, Conservative, Fort McMurray—Cold Lake, AB]

Mr. Speaker, to continue the tradition, it is with great pleasure that I address the House in French today to speak to Bill C-13, which seeks to modernize the Official Languages Act. I think it is important to explain how an anglophone like me is now able to deliver her speech in French in the House of Commons.

I was really lucky. When I was young, my parents, who do not speak a word of French, decided to enrol me in French immersion schools. From kindergarten to university, I was educated in French. I was even able to complete my high school education in French immersion at Father Mercredi School in Fort McMurray. This gave me the opportunity to enrol at Campus Saint-Jean, which is the francophone campus of the University of Alberta and is affectionately called “la fac”. That is where I earned my political science degree.

I really had the opportunity to immerse myself in the Franco-Albertan culture and heritage. Because of this background, I consider myself a francophone, a francophone by choice, not by chance, but a francophone nonetheless. I am part of the growing francophone population in Alberta.

It is an interesting fact that French was the first European language spoken in Alberta. The coureurs des bois were the first people to speak French in Alberta in the 17th century. There are francophone communities all over Alberta. Several places in the province have French names, including Miette, Plamondon, Grande Cache and Lac La Biche.

According to Statistics Canada, Alberta's francophone population is growing: 25% of Franco‑Albertans were born in Alberta, 24% were born abroad and 50% come from the rest of Canada. Francophones are coming in from Canada and abroad, and that gives our francophonie immense vitality and vibrancy.

It is worth noting that Alberta also welcomes more francophone immigrants than the national average, namely 10.3% of the immigrant population, according to Statistics Canada. I am sharing these facts to demonstrate how vibrant and strong the francophonie is in Alberta.

The federal government must rise to the challenge of collaborating with its provincial and territorial counterparts to ensure adequate basic funding that is permanent, predictable and indexed to the cost of living. Since the francophone population is growing, it is very important to provide services in French. We need meaningful action to support francophones outside Quebec, such as Franco‑Albertans.

Those who were counting on legislation with teeth that would result in substantial gains with respect to protecting and promoting French in this country are certainly disappointed by the half measures proposed in this bill.

Sheila Risbud, the president of the Association canadienne-française de l'Alberta and spokesperson for the francophonie, said:

However, there is still work to be done because our communities want the bill to include the designation of the Treasury Board as the sole central agency responsible for coordinating and implementing the act, an obligation to negotiate binding language clauses in agreements with and transfers to the provinces and territories, and clarification concerning the objective of a francophone immigration policy.

It is clear that the Minister of Official Languages still has work to do before she can say, “Mission accomplished”. I note that Bill C‑13 takes a big step backwards compared to the reform document tabled by the former minister of official languages, which died on the Order Paper as a result of the 2021 election.

Bill C-32, introduced by the former minister, recognized an asymmetry between the status of French and the status of English in Canada, but this concept is not included in the new bill. In order for the reform of the Official Languages Act to ensure the future of the French language in Canada, it is vital that it reflect the current linguistic situation and that it not pretend that the two official languages are on an equal footing.

Fifty years after the implementation of the Official Languages Act, our world has changed a lot. Francophones are immigrating from Africa and many other countries. The francophonie is thriving.

We know that bilingualism has some real, tangible benefits, including economic benefits. The Conference Board of Canada released a report that clearly showed that bilingualism is deeply rooted in the Canadian identity and is an effective economic tool. Bilingualism allows for more diverse trade relationships and increased imports and exports.

It is important to note that meaningful measures are needed. We should start by asking why there is no central agency responsible for overseeing and providing horizontal coordination for the act. Instead, there are four bodies responsible for this under the act: Canadian Heritage, the Treasury Board Secretariat, the Office of the Commissioner of Official Languages, and the Minister of Official Languages.

The Conservatives believe that the Treasury Board should definitely be the central repository of all powers for enforcing and issuing directives under the Official Languages Act as a whole. As it stands, the powers are split and several departments are being forced to share the tool box. Some departments wind up taking the blame for another department's failure to fulfill its obligations.

In addition, the reform of the Official Languages Act does not do enough to meet the needs of minority francophones, including Franco-Albertans. If the government truly wants to support minority francophones, it needs to support French schools.

As a proud francophone who served as parliamentary secretary for the Francophonie when I was a member of the Alberta legislature, I witnessed the vitality and viability of the French language first-hand.

I am worried about francophones in minority settings who lack support, and I urge the Minister of Official Languages to adopt a fresh, collaborative approach based on feedback from national and provincial organizations to help francophone communities from coast to coast to coast thrive.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Mr. Speaker, I will be sharing my time with my colleague from Fort McMurray—Cold Lake.

It is an honour for me to speak to 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.

From the outset, I would like to point out to the hon. minister that I was parliamentary secretary for official languages during the 41st Parliament from May 2011 to September 2013. Not to upset or offend her, but I would remind her that her government is not the first to give Canada's two official languages the importance they deserve. The fact is that French has never ceased to be under threat, and there is no doubt that threat looms larger than ever since 2015, both in Quebec and the rest of Canada.

I worked on the road map for Canada's linguistic duality, which ended in 2013. We made an unprecedented investment of $1.1 billion to support linguistic duality that brought together 15 departments and agencies.

I will excuse the minister, since she was not yet elected and so many of the previous Conservative government's accomplishments were literally deleted from the Internet with the arrival of the Liberals in 2015.

We have been keeping a close eye on the act for quite some time to make sure it strives to achieve substantive equality between Canada's two official languages.

As a unilingual francophone, I am very familiar with the challenges of being from a small, practically unilingual francophone community, but I am very proud of my roots and my mother tongue.

Our two official languages are an integral part of our identity, and I am privileged to see my children function in both languages more comfortably than I ever did at their age. It is extremely important to be able to grow up, work and live in one's mother tongue. I understand the fragility of our official language minority communities and the many challenges they face.

Ensuring that francophones can access federal government services in their language and that federal public servants can work in the official language of their choice is still a very real challenge in 2022, and there is no denying it. This government has been in power since 2015, and things have not really improved on its watch. I will not even talk about balancing the budget or deficits or the possibility of losing our AAA credit rating, nor will I talk about our justice system or the legacy the Liberals have left our young people by legalizing both soft and hard drugs.

All that is scandalous, but let me get back to today's topic, Bill C‑13.

We have wasted precious time since 2015, and the Liberal government appears to have just recently realized that the Official Languages Act needs to be amended and modernized. I can guarantee that as a member of Parliament and a member of the Standing Committee on Official Languages, I will personally work with my colleagues to ensure that Bill C-13 finally reflects the current linguistic realities and that it promotes substantive equality between French and English, while contributing to the vitality of official language minority communities, which greatly need us.

This bill could have passed in the previous Parliament as Bill C-32, but let me remind members that the Prime Minister felt the need to plunge us into a costly and unnecessary election. We are finally getting around to it now. Still, as the saying goes, better late than never.

Contrary to what the minister claimed last week, we have been working for quite some time already with community stakeholders, the provinces, the territories, the Commissioner of Official Languages, the Senate Standing Committee on Official Languages and the House of Commons Standing Committee on Official Languages, which is very important to me.

The common goal is noble and reflects our commitment to ensure that the modernized bill reflects the reality of francophones living in Quebec, anglophones across the country, francophones living in minority situations, Acadians and anglophone Quebeckers.

The hardest work is yet to come, but we need to ensure that the Liberal government does not start playing dirty tricks, passing the buck or dragging the process out.

The situation of French is very worrisome, not to mention critically at risk. With eight million francophones in Canada in a sea of more than 360 million anglophones in North America, the protection of French is an issue that deserves close and immediate attention. We will push this federal government to play its role with respect to protecting official language minority communities.

We will ensure that Bill C‑13 responds to the challenges that the French language is facing in North America and the challenges that official language minority communities are facing. First, we will ensure that the bill recognizes the linguistic realities of each province and territory.

The federal government collaborates with provincial and territorial governments that provide services in the minority language and promote the vitality of the official language minority communities. However, the federal government must also make it a priority to work together with indigenous communities across the country to ensure that indigenous languages are preserved and protected. The modernized legislation would therefore explicitly state that it does not affect the strengthening and revitalization of indigenous languages.

As everyone knows, I do not like scandals. We will continue to speak out against the fact that French is in significant decline in this country in 2022, and it is scandalous that this is still happening. The Liberal government needs to take concerted action to reverse this trend.

More must be done to protect and promote French across Canada, including, of course, here in Quebec. We will ensure that francophones can live in French. We must establish new rights to enable francophones to work in French and to be served in French in federally regulated private businesses.

In this respect, the minister said on April 1 that these new rights will be enshrined in a new act, namely, the use of French in federally regulated private businesses act, and that these rights will apply in Quebec as well as regions with a strong francophone presence.

We will, of course, ensure that the Liberal government does not forget that the private sector also has a role to play in promoting our official languages and enhancing the vitality of official language minority communities.

I look forward to seeing how the government might ensure better access to justice in both official languages by introducing a new bilingualism requirement for the Supreme Court of Canada. That is a major challenge and, unfortunately, such challenges are not this government's strong suit.

That being said, we will ensure that Bill C‑13 fulfills the promise of strengthening the Treasury Board's role as a central agency to coordinate and enforce the Official Languages Act. The discretionary aspect of its monitoring, auditing and evaluating powers will now become mandatory. We will also ensure that the powers of the Commissioner of Official Languages are strengthened. It is imperative that he be given more tools to do his job so that he is able to impose administrative and monetary penalties on certain privatized entities and Crown corporations operating in the area of transportation serving the travelling public.

Air Canada's recent appearance at committee gave us a good example of how francophone Canadians are basically being neglected because employees are not really encouraged to learn or improve their French-language skills.

The bill also includes important clarifications regarding part VII on federal institutions taking positive measures that will benefit official language minority communities. It will be mandatory to take into account potentially negative impacts that decisions could have on the vitality of the communities and on the promotion of both official languages. It must also strengthen Canada's francophone immigration policy, which must include objectives, targets and indicators with the aim of increasing francophone immigration outside Quebec.

We will ensure that Bill C‑13 will increase supports for official language minority communities to protect the institutions they have built, both for francophones outside Quebec and for the development of the English-speaking minority in Quebec.

The bill must ensure that the Official Languages Act reflects the challenges of the 21st century. We are embarking on a legislative process that the Liberals have finally initiated to significantly advance Canada's linguistic framework, and not before time.

[Francis Scarpaleggia, Liberal, Lac-Saint-Louis, QC]

Mr. Speaker, I am pleased to rise in the House today to debate this bill, which is very important for our country and for official language communities across Canada.

Canada's Constitution was tailor-made for a modern federation like ours with a non-homogenous population. Some might even call our federation postmodern. Ours is a federation that brings together different cultural groups, peoples and nations who all live together in mutual respect, who adapt and who work together to build a society founded on the principles that we all adhere to.

I am, of course, talking about the indigenous peoples, the French from New France and the British settlers, who, over the years, were joined by people from other cultures who all worked together to build the new Canadian reality. Our Constitution was designed for the modern world, for a world that is becoming increasingly complex, in which the historic boundaries of cultural groups have become more flexible, and different groups share the same country.

One of the pillars of our constitutional democracy is the Charter of Rights and Freedoms, one of the world's wisest and most progressive bills of rights. Our diverse country calls for moderation and a sense of compromise. The charter contains the distinctive section 1, whereby rights are not considered absolute but rather are tempered where it is reasonable to do so.

Another defining pillar of our democracy, in addition to the constitutional recognition of indigenous rights, is the entrenchment in the Charter of Rights of official language minority rights. It is very important to be clear that, and this is a message that I want to get across to the many who might be watching today who are from minority language communities, language rights in our Constitution are beyond the reach of the notwithstanding clause, a clause that has attracted a great deal of attention and, I would say, begun to be used in a perfunctory manner by different governments.

I am speaking of minority language education rights under section 23 of the charter, as well as the right by virtue of section 133 of the British North America Act to use English or French in the federal courts and in Quebec courts, a right that also extends to Manitoba courts by virtue of section 23 of the Manitoba Act of 1870, and to New Brunswick courts owing to the province's 1993 amendment to the charter. These rights are beyond the reach of the notwithstanding clause. This is important for minority language communities.

The Official Languages Act adds a layer of protection and promotion to these constitutional language guarantees by protecting and promoting the use of official languages in the federal context, namely, in the federal public service and in Crown corporations, such as Canada Post, Air Canada, Via Rail, CN and Nav Canada.

In our constitutional democracy, independent courts adjudicate constitutional rights through the prism of our most fundamental values, and perhaps no program has been more valuable in protecting official language minorities in this country than the federal court challenges program. The program offers funding to those launching legal challenges to protect their rights, including linguistic rights, from laws and policies that threaten those rights.

The court challenges program was recently used by Quebec's English language school boards to protect them from the Legault government's Bill 40. the bill aims to eliminate school boards, which are central community institutions for Quebec's English-speaking minority.

As we know, there was a court decision that said the Quebec government could eliminate school boards, but not English-speaking school boards, because the community has protection under the Constitution regarding minority language rights, and this case continues through the courts. Earlier, the program was vital to protecting Ottawa's Montfort hospital against callous attempts by the Harris government to close this institution, which is so vital to eastern Ontario's francophone population.

As promised, Bill C-13 would strengthen the court challenges program by de facto referencing it in the legislation, namely section 43(1)(c) of the act. I admit the reference could be more explicit and more definitive, and we will see what happens in committee. We will see if someone proposes an amendment to make that clause a little more affirmative. However, like any government program, whether it is in law or not, its effectiveness is ultimately directly related to its budget.

Challenging a bill like Bill 40 through the long process of court appeals can be costly. I have heard it could cost up to $1 million for the English-speaking school boards in Quebec to fight Bill 40 all the way to the Supreme Court. I think this is beyond the capacity of the court challenges program, so I call on the government to increase the program's budget. It would be money well spent in support of the fundamental principles to which we, as Canadians, adhere. Not to mention that the 2021 Liberal election platform includes such a commitment.

I represent a riding in Quebec with a large anglophone population. It is, however, very much a bilingual riding with an English-speaking school board that offers bilingual and French immersion primary and secondary education. The community is rightfully attached to its schools and to the education rights of their children.

The new section 41(4) of the modernized Official Languages Act would help maintain those rights by requiring the government to proactively, through the census, help estimate:

...the number of children whose parents have, under section 23 of the Canadian Charter of Rights and Freedoms, the right to have their children receive their instruction in the language of the English or French linguistic minority population of a province or territory, including the right to have them receive that instruction in minority language educational facilities.

I would like to pay homage to my colleague from Sackville—Preston—Chezzetcook, who worked very hard on having the census be used to estimate the number of people in minority language communities across this country who have rights under the Constitution.

Whether their roots stretch back generations, or they have more recently arrived, Quebec's anglophones are deeply rooted and embedded, by choice, in Quebec society. They are profoundly attached to living in the only place in North America where French is broadly spoken every day, and they wish to remain in Quebec and contribute to its development, but they require employment opportunities to be able to do so.

The representation of anglophones in the federal public service in Quebec is, as I understand it, below the community's share of the population. Bill C-13 will hopefully help eliminate this gap in two ways. Section 41(5) of a modernized Official Languages Act would place a duty on the federal government to take concrete positive measures to enhance the vitality of English-speaking and French-speaking linguistic minority communities in Canada and assisting their development, including, presumably, by ensuring anglophones have their rightful place in the federal administration in Quebec.

Moreover, the role of the Treasury Board would be expanded as a result of Bill C-13. The Treasury Board would have a duty to establish directives and policies to give effect to the requirement to institute positive measures, as well as responsibility for “general direction and coordination” of these positive measures across departments. This is a very important addition to the Official Languages Act.

It is worth noting that in Bill C-32, Bill C-13's predecessor, this obligation was discretionary. In Bill C-13, it is mandatory. Also, Bill C-13 will require the Treasury Board to “monitor and audit federal institutions in respect of which it has responsibility for their compliance” with the aforementioned directives and policies.

As in Bill C-32, the Commissioner of Official Languages' role and enforcement powers have been enhanced, including the power to make compliance agreements. Namely, section 64.1(1) of the new modernized Official Languages Act will, after Bill C-13 is passed, state the following:

If, at any time during the course of or after carrying out an investigation, the Commissioner has reasonable grounds to believe that a federal institution has contravened this Act, the Commissioner may enter into a compliance agreement with that federal institution aimed at ensuring compliance with this Act.

As has been mentioned, the government, in parallel to introducing amendments to the Official Languages Act, has also introduced a new act, the use of French in federally regulated private businesses act. This second act reasserts Ottawa's role in regulating businesses operating in federal jurisdictions in Quebec. I know this is something not all parties in this House agree with. If I recall, all opposition parties would relinquish that jurisdiction to the province.

As I see it, this second act will reinforce bilingualism in federally regulated businesses. It will give consumers in Quebec:

...the right to communicate in French with and obtain available services in French from federally regulated private businesses that carry on business in Quebec...

This is already the case, practically speaking.

In any event, Quebec anglophones would not object to this principle. The Quebec anglophone community displays a very high degree of bilingualism. I cannot recall ever seeing a francophone consumer in Quebec being unable to obtain service in their language from an anglophone. As a matter of fact, sometimes what happens is a rather curious kind of dance where an anglophone goes into a store. The person behind the counter asks them in French if they can serve them and the anglophone asking for service is not really sure if the server is an anglophone or a francophone, ending up with two anglophones speaking to each other in French. This happens quite a lot and it is a moment of levity for all concerned.

Moreover, Bill C-13 does not prevent consumers from transacting in English. Section 7(3) states:

For greater certainty, the rights set out in subsection (1) do not preclude consumers from communicating with or obtaining services from the federally regulated private business in English or a language other than French if they wish to do so and the federally regulated private business is able to communicate or provide services in that language.

As regards language of work, section 9(1) states that employees of a federally regulated private business have a right to carry out work and be supervised in French. Again, I do not believe that anglophones in Quebec, at least not in my community, have a problem with this statement in principle. Of course, there will be regulations to determine how this right will be applied, and we will see what the regulations say.

Employees will have a right to use work instruments and computer systems in French. Again, this does not take anything away from those who speak English. Computer software interfaces provide for this flexibility. I trust the regulations will recognize this software flexibility.

This right to workplace bilingualism is reinforced in section 9(3), which reads:

The right set out in paragraph (1)‍(b) does not preclude communications and documents from being in both official languages...

Therefore, we see that this bill is reinforcing the core values that underlie the Official Languages Act, which of course is bilingualism.

Further, proposed subsection 10(2) states, “In developing the measures referred to in subsection (1)”, that is, measures to foster the use of French in workplaces, “the federally regulated private business must consider the needs of employees who are close to retirement, have many years of service or have conditions that could impede the learning of French.”

I believe this clause may require amendment. It seems to refer to medical conditions that could impede learning French, but there are many reasons why some individuals remain unilingual that have nothing to do with a medical condition. I think that needs to be taken into account.

Further, proposed subsection 11(2) states that a federally regulated private business “must not treat adversely an employee who occupies or is assigned to a position on or before the day on which this subsection comes into force for the sole reason that the employee does not have a sufficient knowledge of French.”

The vast majority of anglophones in Quebec are bilingual and growing more so every day. They should not be negatively impacted by this particular clause. The regulations will be key to ensuring an appropriate flexibility that protects everyone.

Many if not most federally regulated businesses deal with entities outside the province. One thinks of logistics and freight-forwarding companies, of which many are located in my community. This further reinforces the practical value of bilingualism in the federally regulated private sector, which brings me to section 11(3), which states:

Requiring an employee to have a knowledge of a language other than French does not constitute adverse treatment for the purposes of subsection (1) if the federally regulated private business is able to demonstrate that a knowledge of that language is objectively required by reason of the nature of the work to be performed

Federally regulated businesses tend to deal internationally, so there is a role for bilingual individuals in these businesses.

All that said, I feel strongly that no one, anglophone or francophone, should be prevented from working in a federally regulated business because they do not have knowledge of the other language, just as they would not be prevented from working in the federal public service because they only have knowledge of one of the official languages unless the position requires a level of bilingualism. I hope the regulations will respect this fundamental principle of the Official Languages Act.

I would like to see the regulations that will follow under Bill C-13 guarantee in some way this right to work. Perhaps this could be done through amendments to the bill. On a practical level, given today's acute labour shortage, it would be in the best interests of employers and the provincial economy to ensure that the law does not hamstring federally regulated businesses and their ability to recruit and hire qualified personnel.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, I am pleased to rise to speak to Bill C‑13 to modernize the Official Languages Act.

Let me be very clear at the outset. French is very important to Canada. When I was young, from my first year of school through to high school, I took French. It was mandatory. I think that is probably why I can speak French today.

I also worked in Quebec for 15 years. It was a great experience for learning the language. When I arrived here on Parliament Hill, I took French classes again, twice a week. It helped me improve my French and taught me parliamentary terms like “bill”, “second reading”, “clerk” and so on. That is exactly the kind of training we need across the country if we really want to be bilingual from coast to coast to coast.

However, that is not currently the case. In most provinces and territories, there are populations of francophones and francophiles, but the language of business is that of the majority, in other words, English. The francophone population is declining even in Quebec, and we need francophone immigration. That is the current reality.

How can we increase the proportion of francophones in Quebec and in the rest of Canada? How can we protect the culture? Now Bill C-13 has been introduced, a bill that attempts to improve the situation in the federal domain.

Sarnia‑Lambton was given the designation of francophone riding in Ontario. We have 8,000 francophones and francophiles. I am very proud to provide services in both official languages at my office. However, there is a lack of services in French in other sectors.

When I was a member of the Standing Committee on Official Languages, a study was conducted on the situation of the francophonie in Canada. I heard witnesses say that there is a lack of legal services and virtually no access to university programs in French. These testimonies are similar to those I received at the Standing Committee on the Status of Women during various studies. For example, the only midwifery program in French outside Quebec was cancelled. There is also a lack of legal services in French for military women who experience sexual harassment. That is unacceptable.

To correct the situation, training needs to be provided in French and English everywhere. This bill, however, does not address that need. I hope that the government will work with the provinces and territories to put enough training in place, starting with training for young people.

We also need legislation. Bill C‑13 will clarify the demand for French in every federally regulated office and business. That is a good thing. However, if people do not obey the law, then what? That is the problem.

The Commissioner of Official Languages does not have the power to penalize anyone who violates the act. In committee, he told us that there are several cases of non-compliance. He has the resources to investigate, but the consequences are not very severe. Thus, the problem persists.

Today, we see government ministers making announcements solely in English. That is not right. However, there is no penalty. This bill would have the commissioner work for Treasury Board and not the Minister of Official Languages.

There would finally be consequences for violating the act. These actions fall to the Commissioner of Official Languages, but I believe that this is not clearly defined.

The Treasury Board Secretariat has many challenges, and I believe that official languages violations will go to the bottom of the pile. I understand that the secretariat controls all departments, but it has many other priorities.

How will the Minister of Official Languages know where the problems are? What is actually her role?

I would like to make a few recommendations. First, I believe that this bill will improve the situation at the federal level, but that is not enough. The minister must work with the provinces and territories to create a plan to establish training in both official languages everywhere.

Second, the Commissioner of Official Languages of Canada will work with the Minister of Official Languages with the same powers set out in this bill. Perhaps we could look at the possibility of penalizing individuals and not just businesses and departments. The penalties could be more severe. I am thinking of a $25,000 fine, which is a small penalty for Air Canada, for example.

Third, we must continue to welcome francophone immigrants to ensure that we protect the French language in Quebec. We need training in both official languages for all immigrants. Everyone knows that, historically, we have not reached our immigration targets.

In the last Parliament, the House studied Bill C-32. When the Liberals decided to call an election, that was the end of that. The minister says that she has improved the bill, but I am not convinced that it is much different. The Liberals promised to introduce this bill within 100 days of the last election, but it has been more than 200 days. I am not sure why.

There are still many things in this bill that are vague. For example, the onus is still on the institutions to determine appropriate and positive measures. It is not clear when all these measures will come into effect. It is not clear whether a “strong francophone presence” applies only to places where there is an official designation, or perhaps it applies to areas where many francophones live. I think there need to be some amendments in committee to clarify these aspects.

I have spoken a lot about the French language, and now I want to take a few moments to advocate for the rights of anglophones. There are one million anglophones in Quebec. This is not about forcing everyone to learn French. I hope to see the day when all Canadians can speak both languages, but I think some reasonable accommodations are needed. For example, our interim leader does not speak French, but she is making an effort every day, and our messaging is always in both languages. She has help from a deputy leader who ensures that announcements are always made in both official languages. That is a reasonable accommodation.

I have heard that the president of Air Canada is learning French, but in the meantime, he needs some help to ensure that all messaging is in both languages. In Canadian cities where there is a francophone or anglophone minority, we should be trying to find solutions to meet the service needs that are not being met.

In conclusion, I think that we can do more to establish our two languages all across the country, but Bill C‑13 is a step in the right direction.

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

[Marc Serré, Liberal, Nickel Belt, ON]

Madam Speaker, I would like to thank my hon. colleague for the work we have done together on several committees in the past.

The Commissioner of Official Languages made several recommendations. Some of those recommendations were included previously in Bill C-32. We have listened to communities across the country and we have also listened to the commissioner during this time. Bill C-13 now has more teeth for the commissioner in looking at making public statements and looking at les sanctions pécuniaires. I am not sure of the English term.

We know that the commissioner now has more powers and is really pleased with the additional responsibilities the commissioner now has to officially look at the Official Languages Act.

[Christine Normandin, Bloc, Saint-Jean, QC]

Mr. Speaker, I thank my colleague.

Could he quickly talk about the differences between Bill C‑32 and this one, Bill C‑13?

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

Mr. Speaker, Bill C-13 seeks to amend the Official Languages Act, which was enacted by Pierre Elliott Trudeau's Liberal government in 1969 and then amended once by Brian Mulroney's Conservatives in 1998 based on the same principles.

Before that, for almost a century, the so-called equality of languages established by the Constitution of 1867 never really existed, except in theory.

It was nothing new when Gilles Duceppe said that there are two languages and that bilingualism in the federal government means English and translated English. In fact, French has remained the translated language, and in the past, francophone members who wanted to make themselves understood had to speak English because there was no simultaneous interpretation.

Anglophones were responsible for the important economic portfolios and held the vast majority of management positions in the public service. That too has not changed very much, but until the 1970s there were almost no francophones at all working in the federal public service.

For nearly a century, there were laws that banned French in all the provinces that are now predominantly English-speaking. Ontario's Regulation 17 is just one example. Unfortunately, it was not an exception, and it caused nearly 70% of Canada's francophones to become anglicized. These are the figures from the last time this was measured.

However, objectively speaking, I have to admit that there has been some progress, such as the adoption of bilingual stamps in 1927, bilingual bank bills in 1936 and bilingual federal cheques in 1962. Of course, with such dizzying progress, many people were not happy in Quebec, where things were moving and shaking. The Quiet Revolution was under way, Jean Lesage's “maîtres chez nous” was on everyone's lips, and the modern independence movement was gaining traction. I am not suggesting things were better outside Quebec. Speaking French outside Quebec remains a daily struggle. It is an act of resistance.

Getting back to the Official Languages Act, people say it is the result of the work of the Royal Commission on Bilingualism and Biculturalism, the Laurendeau-Dunton commission. That is not quite true. The Laurendeau-Dunton commission was set up at the urging of André Laurendeau, who wrote an editorial calling for a commission of inquiry rather than debates about bilingual cheques and other trivial concessions to French Canadians.

André Laurendeau was a federalist. He thought the French‑Canadian nation could co-exist with English Canada. He would have wanted Quebec to be given special status as the heart of French‑Canadian society. He wanted to create an egalitarian partnership between French Canada and English Canada. To him, bilingualism was a secondary tool. He wanted a new division of powers between the central government and the francophone province.

Prime Minister Pearson made the commission of inquiry an electoral issue. He was elected. He said he wanted “to develop the Canadian Confederation on the basis of an equal partnership between the two founding races”, but it did not happen that way because André Laurendeau died in the meantime and a new Liberal leader arrived. He was a fiercely anti‑nationalist Quebecker. His name was Pierre Elliott Trudeau.

Contrary to what is often written, the key recommendations of the Laurendeau‑Dunton commission were cast aside by Prime Minister Pierre Elliott Trudeau, who rejected the idea of two peoples and two national cultures and kept only the idea of having two languages associated with individual rights and multiculturalism, rather than biculturalism, which reduced Quebec culture to one culture among many.

It is important to consider the historical context because the fundamental principles of the Official Languages Act have not really changed, despite the fine declarations offered up in Bill C‑13 and in the Speech from the Throne.

In the study of language planning around the world, language policies are grouped into two major categories based on whether they are founded on the principle of territoriality or the principle of personality.

Virtually all experts agree that only an approach based on territoriality and collective rights can ensure the survival and development of a minority language.

It is also interesting to note that André Laurendeau talked about the Belgian and Swiss models, which are examples of how effective the territoriality principle can be in defending minority languages.

In Flanders, in Belgium, everything is done in Dutch. The entire public service and education system, from kindergarten to university, operate in Dutch. This does not prevent people there from learning five or six second languages, often very capably.

The same thing goes for French in Wallonia, but the central government in Brussels is bilingual, and that is where most of the problems have been, but that is not the subject of today's debate.

The Quebec model is based on the principle of territoriality, with the Charter of the French Language, which aims to make French the only official and common language in Quebec, while respecting the historic anglophone community and recognizing the right of first nations to maintain and develop their original language and culture.

In fact, Quebec treats the anglophone community eminently better than the Canadian provinces treat the francophone and Acadian communities.

In response to the rhetoric I hear from the Liberals, I would say that the principle of territoriality could very well apply outside Quebec, in territories that have a large concentration of francophones or Acadians, as we heard from an expert who recently testified before the Standing Committee on Official Languages.

This does not mean that we could not maintain some form of institutional bilingualism, as already exists in regions in which there are fewer francophones and they are more spread out. This would be a nominal gesture towards righting all of the wrongs done by the Canadian government's assimilation policies.

The Canadian model, with the Official Languages Act, is based on the principle of personality. It establishes individual language rights that can be transported across the Canadian territory. It claims to guarantee equal access to federal government services for people who belong to either of the two big linguistic groups, yet it limits such access to areas where numbers warrant.

This personality-based approach ultimately ends up creating a situation in which the strongest of several official languages develops at the expense of the other, more vulnerable ones. All over the world, models like Canada's non-territorial institutional bilingualism result in minority languages being assimilated.

This is what we have seen over the past 52 years with the Official Languages Act. The assimilation rate of francophones outside Quebec has steadily increased. It was 40% in 2016, which means that 40% of francophones outside Quebec now speak English at home. As for language of use, it went from 4.3% in 1971 to 2.3%. This drop in the use of French is a result of the Official Languages Act.

The Office québécois de la langue française is predicting a drop in the demographic weight of francophones in Quebec from 78.9% in 2011 to 69% in 2036. That prediction was made based on a high rate of immigration, but there has been a lot less immigration under the Liberal government.

Federal bilingualism is also territorial to some extent, because, as I was saying earlier, it is limited to regions where the numbers warrant it or there is sufficient demand. That does not make any sense at all. When French declines, the government cuts services in French. That is a bit like having a law to support employment that provides for cuts to employment services when there is a high rate of unemployment. People would be inclined to inflate the numbers to hide the real unemployment rate so that employment services would not be cut. That is more or less what is happening here.

Francophones outside Quebec have an incentive to inflate the numbers, to seem more numerous because they do not want their French services taken away. This is good for Ottawa, which makes it look like all is well. However, the consequence is that the federal government has, until very recently, denied the decline of French despite all the obvious signs. It has found all sorts of ways, all manner of indicators to send the message that French was doing just fine and, ostensibly, to help Francophone and Acadian communities.

This adversely affects Quebec because organizations like the QCGN and Canadian Heritage use indicators such as FOLS, first official language spoken, which they manipulate somewhat to inflate the figures. As a result, the QCGN advocates for the rights of anglophones who are defined in this way, many of whom are newcomers whom Quebec should, in fact, integrate into the francophone community.

Our big problem is that, in order to maintain the demographic weight of francophones in Quebec, 90% of the language transfers must be to French. At the moment, it is a little more than 50%, and this is mainly because of an agreement that enabled the Quebec government, for a time, to select more francophone or francotropic immigrants. However, that is happening less and less because the federal government adopted a two-stage strategy whereby immigration is increasingly based on temporary study permits. As we have heard in the media, the main sources of francophone immigration are experiencing abnormally high rejection rates. At the same time, the federal government has, until very recently, always denied the decline of French.

Another principle underlying the Official Languages Act is the symmetry established between anglophones in Quebec and the francophone and Acadian minorities. This is another absurdity that has been criticized by the Bloc Québécois, in particular, but also by a number of authors and journalists in Quebec. It is very easy to demonstrate that this does not correspond to reality.

Even the Laurendeau-Dunton commission showed that in Quebec, not only did anglophones have considerable privileges, but there were fewer francophones graduating from university, and that is still the case today. Francophones also had lower incomes. They ranked 12th out of 14 linguistic groups. Although there has been some catching up, there is still a decline, and the average salary of francophones, for example, if we do not use the doctored Statistics Canada indicators, is still well below the average salary of anglophones in Quebec.

The very principle of official language minorities is highly questionable, since as long as Quebec is in Canada, it will unfortunately be subject to the will of the federal government, which is controlled by the English Canadian majority. We have seen the results. This government had no qualms about changing and imposing a Constitution in which the principles of the Official Languages Act were enshrined, against the will of Quebec. It never worked. No Quebec government has signed this. It is locked up, so to speak.

In 1993, even the UN Human Rights Committee stated that anglophone citizens of Canada could not be considered a linguistic minority in the Canadian context, where they are in the majority. Still today, the sociolinguistic reality is that English is used in Quebec as a majority language in Canada and not as a minority language in Quebec.

As in the rest of Canada, language transfers disproportionately favour English. This symmetry that is at the very foundation of the concept of official language minority communities has another adverse effect, in that it has divided Quebec from francophone and Acadian communities. As a result, the federal government has ignored French language advocacy groups, claiming that they represented a majority. A study was done on the status of French at the Standing Committee on Official Languages, the first in 52 years.

Despite all these criticisms, the Official Languages Act has maintained this fictitious symmetry between the anglophone community and the francophone and Acadian communities. This has allowed the federal government to justify providing massive funding to anglophone institutions and lobby groups, thereby contributing, as several researchers have noted, to the anglicization of Quebec.

Let us come back to Bill C‑13. After the Canadian government announced that it would modernize the Official Languages Act, the Government of Quebec stated its expectations. It asked that the Official Languages Act recognize that of the two official languages, French is the only minority language across Canada.

This seems to have resonated because the government mentioned it in the Speech from the Throne and in Bill C‑13, while maintaining that the federal government has a responsibility to protect and promote the anglophone minority in Quebec. The federal government acceded to the Government of Quebec's request to some extent, but upheld the same principles.

There are no specific measures in Bill C‑13 for defending the French language in Quebec. It is a little contradictory. We will see how things develop.

A month before the first bill to modernize the Official Languages Act was presented, the Quebec government detailed its position and presented five guiding principles.

The first was recognition of the minority status of French. As we saw, the bill offers some very ambiguous recognition and maintains the principle that the anglophone minority in Quebec needs support. We understand this to mean that all of the money from the official languages programs will continue to be devoted to defending English in Quebec.

The second request was that an asymmetrical approach be adopted. However, no such approach can be found in Bill C‑13, which maintains a symmetry between anglophones in Quebec and francophone minorities outside Quebec.

The third principle was that the Official Languages Act should recognize that Quebec is the sole architect of language policy on its territory and that the Charter of the French Language must take precedence. The bill does not incorporate this at all. In fact, it does the contrary, with measures that will have an impact on French as the common language and that will hamper the Quebec government's efforts.

There is a strong consensus in Quebec. All of the political parties unanimously adopted a motion in the National Assembly. The mayors of all of the big cities and the former premiers, including the very liberal Jean Charest, want Bill 101 to apply to federally regulated businesses.

The previous bill, Bill C-32, prevented Quebec from doing this by including a clause that made the application of Bill 101 optional. The present bill, Bill C‑13, goes so far as to raise the prospect of a separate bill that will prevent Quebec from applying Bill 101 to federally regulated businesses by allowing these businesses to choose which law will apply to them. We saw how this will play out when the question was put to the CEO of Air Canada, Michael Rousseau. Naturally, he said that he would prefer the Official Languages Act.

In conclusion, the Bloc Québécois recognizes the progress made in terms of promoting and protecting the French language in francophone communities outside Quebec. That said, we feel that we could go much farther, and we will support the demands of the francophone and Acadian communities. There again, we see the value of a differentiated approach.

However, the demands of the Quebec government and the Bloc Québécois were completely ignored, both in the previous bill and in this one.

At the time of the Laurendeau‑Dunton commission, it was said that Quebeckers had two choices. They could either choose an extensive amendment to Confederation and the Constitution, or they could choose independence for Quebec. We are now in the same place 52 years later, just worse off because we are gradually losing our language and at risk of losing our political weight.

Quebeckers need to be well aware of this.

In conclusion, long live a free, French Quebec.

[Mona Fortier, Liberal, Ottawa—Vanier, ON]

Madam Speaker, I am happy to answer this question.

The process that took place over the last few years, which included consultations and engagement with parliamentarians to strengthen the bill, led to the introduction of Bill C-32 last June. Following the election, we came back with an even better bill, Bill C-13. The fact that the Treasury Board will act as a central agency and play a compliance monitoring role is an example of something that has been strengthened in the new legislation, Bill C-13.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Madam Speaker, I thank the hon. member for her speech.

Another bill was introduced in the last Parliament, specifically Bill C-32.

What is the difference between that bill and Bill C-13?

[Mona Fortier, Liberal, President of the Treasury Board]

Madam Speaker, I am truly pleased to rise today to speak to Bill C‑13 on modernizing the Official Languages Act and, especially, its importance to Canadians.

Canada's official languages are a defining characteristic of who we are as a country. They contribute to our diversity and inclusion, our social cohesion and our resilience.

Madam Speaker, as a proud Franco-Ontarian, I can assure the House that our two official languages and standing up for the interests of minority francophone and anglophone communities are very important to me.

This bill is possible because Canadians shared their passion and their ideas. Whether we are talking about community leaders, parliamentarians, experts or citizens, I am grateful to Canadians across the country for their comments and their important contributions to this bill. Canadians want us to do more to ensure the ongoing vitality of official language minority communities and enhance French across the country.

In the federal public service, we have seen major improvements in bilingualism. Since 2000, the number of bilingual positions and bilingualism rates among employees have increased, especially among those who provide services to the public in both official languages. What is more, the capacity of the public service to provide services in French and English has increased year after year. There are more bilingual supervisors, more employees who meet the linguistic requirements of their position and more positions that require a higher level of bilingualism.

The federal government continues to be a key partner in supporting the development and success of official language minority communities. A prime example of this is Canada's new official languages regulations for communications with, and services to, the public. These regulations will ensure that anyone who uses a minority official language at home will be considered when calculating the demand for services. This means that, for the first time, bilingual families and immigrants are included in our calculation. Equally important, federal offices in the vicinity of 900 minority schools across the country will have to offer their services in both French and English. We expect that, in the coming years, around 700 offices that are currently unilingual will become bilingual.

Canada's Official Languages Act became law more than 50 years ago, before digital technology, and it has been more than 30 years since its last major reform. The act needs to be modernized to ensure it continues to serve Canadians well. That is why the government introduced 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. This bill would make improvements that would address challenges facing the French language in Canada and the challenges faced by official language minority communities.

In addition to including the key measures in the previous bill, Bill C-32, Bill C-13 would significantly improve the Official Languages Act to clarify and strengthen the part of the act concerning the promotion of official languages and support for official language minority communities, and it would further improve compliance by federal institutions concerning official languages through more robust monitoring and new tools for the Commissioner of Official Languages. With respect to the role of the Treasury Board Secretariat, we share responsibility for the implementation of the Official Languages Act with other federal institutions.

Under this act, the Treasury Board is responsible for the general direction and coordination of policies and programs relating to the part IV of the act on communications with and services to the public, part V on the language of work in federal institutions, and part VI on the participation of anglophones and francophones in the federal public service.

As we know, these powers are exercised by the Treasury Board Secretariat, which establishes and interprets official languages policies, directives and regulations and monitors federal institutions for compliance.

Modernizing the Official Languages Act will enable the Treasury Board to reaffirm its role as a central agency by strengthening and expanding its powers to monitor federal institutions for compliance. That will improve our ability to support communities and serve Canadians in the official language of their choice.

More specifically, the new bill requires the Treasury Board to issue policies and regulations to help federal institutions meet their obligations under parts IV, V and VI of the act and to hold them accountable. This is now a mandatory requirement rather than a discretionary one, as it was in the past. For the first time, in consultation with Canadian Heritage, the Treasury Board will verify whether federal institutions are taking positive measures to enhance the vitality of these communities and promote English and French in Canadian society.

The Treasury Board Secretariat, as a central agency, is better positioned to monitor, audit and evaluate the act, and to develop and publish appropriate policy instruments designed to provide guidance to federal institutions.

Furthermore, under the new legislation, the rights surrounding language of work for employees in regions designated as bilingual for language of work purposes will continue to be protected.

What is more, Treasury Board policies will continue to ensure that public service jobs are designated bilingual where necessary and that they reflect the appropriate level of second-language proficiency.

More specifically, we are currently examining the need to increase the minimum second-language proficiency requirements for supervisors in bilingual regions so that those employees are able to work in the official language of their choice.

The new bill also shows how important bilingual communications are in emergency situations.

Treasury Board is working closely with the departments that play a key role in the health and safety of Canadians in order to ensure that communications are always of equal quality in both official languages in emergency or crisis situations.

In my mandate letter, the Prime Minister tasked me with continuing to ensure that Canadians across the country can receive services from federal institutions in both official languages. He also asked me to support the Minister of Official Languages in fully implementing the measures related to the public service that are outlined in the document “English and French: Towards a Substantive Equality of Official Languages in Canada”.

For example, one of the measures proposed in this document is a new second-language training framework for the public service adapted to the needs of employment equity groups and, more specifically, indigenous employees.

This framework will guide the departments so that they are able to provide training that responds to the diverse needs of employees and makes bilingualism attainable for them.

By increasing the level of bilingualism in the public service, we will be better able to meet the growing need for bilingual services.

The beginning of this decade was very difficult, but the time has come to build a stronger, more dynamic and more inclusive country for everyone.

Our official languages and their vitality unite us, and we must continue to defend and promote them. At this time in our country's history, it is more important than ever to protect and promote our official languages in federal workplaces and throughout Canada, and that is what this bill would do.

Thank you very much.

I am ready to answer questions.