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

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Madam Speaker, I want to thank my hon. colleague for his question and for his work on the Standing Committee on Official Languages.

I want to be perfectly clear. Bill C-13 does have real teeth. Last year, the former minister of official languages introduced Bill C-32. In my conversations with stakeholders and colleagues, I heard suggestions on how certain aspects of the bill could be improved, and that is exactly what we have done.

The bill we have introduced, Bill C-13, does have real teeth. The Commissioner of Official Languages will have more tools to do his job. Francophones will be given the choice to work and be served in French in businesses under federal jurisdiction.

I look forward to working with my counterparts to ensure that the bill ultimately receives royal assent.

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Madam Speaker, it is a privilege for me to rise today to begin the second reading debate on Bill C‑13, an act for the substantive equality of Canada's official languages.

I would first like to acknowledge that we are gathered on the traditional territory of the Algonquin Anishinabe.

Our two official languages and 70 indigenous languages are central to our identity. They are a core part of our lives and integral to our interactions in our families, at school, at work and in the community. They are the focal point of our diversity and the face we proudly show to the rest of the world.

As an Acadian, I understand the importance of being able to grow up, work and live in one's own language. I also understand the fragility of our official language minority communities. It is therefore with a deep sense of purpose that I carry out my responsibilities as Minister of Official Languages, and I am proud to rise in the House today to talk more about Bill C‑13.

Since its enactment in 1969, the Official Languages Act has helped shape a state where English and French play a central role not only in the public affairs of our country, but also in our lives. It has also provided francophone minority communities and anglophone minority communities in Quebec a powerful development tool. It has helped ensure that francophones can access federal government services in their language and given federal public servants the opportunity to work in the official language of their choice. It has helped francophone minority communities and anglophone communities in Quebec build strong institutions.

However, Canada and the world have changed over the past 50 years, and we understand that the Official Languages Act must be modernized and changes must be made to it. With Bill C-13, we are ensuring that the act responds to current linguistic realities and that it promotes substantive equality between English and French while contributing to the vitality of official language minority communities.

This bill is the fruit of several years of consultations with community stakeholders, provinces and territories, the Commissioner of Official Languages, the Standing Senate Committee on Official Languages and, of course, the House of Commons Standing Committee on Official Languages, whose members are here with us today. Throughout these consultations, we had a specific goal in mind, which was to ensure that the modernized bill reflected the reality of francophones living in Quebec, anglophones across the country, francophones living in minority communities, Acadians and even English-speaking Quebeckers. Thanks to a major team effort, we now have a bill with teeth.

However, one thing remained clear throughout our work on modernizing the act. The situation of French is worrisome. Whether we are talking about the predominance of English as an international language or about the fact that digital technologies, social media and streaming platforms far too often favour the use of English over French, one thing is becoming apparent. 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. At the same time, we must recognize the critical role that the federal government can and must play with respect to protecting official language minority communities. It is a duty that is especially important to me.

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. It solidifies the vision proposed in the reform document and in Bill C‑32, which was introduced last June. Today I am very proud to introduce at second reading a stronger bill that rises to the challenges we are facing. It is a bill that, as I just said, has teeth.

First, the bill recognizes the linguistic realities of each province and territory. Our 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, as a government, we 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.

We are the first government to recognize that French is in significant decline in the country and that we must make a concerted effort to reverse this trend. This is why we are proposing additional measures to protect and promote French across Canada, including in Quebec.

We will establish new rights to ensure that francophones can live in French and that they can work and be served in French in private-sector businesses under federal jurisdiction.

These new rights will be enshrined in a new act, the use of French in federally regulated private businesses act. These rights will apply in Quebec as well as in regions with a strong francophone presence, because our government recognizes that the private sector has a role to play in promoting our official languages and enhancing the vitality of official language minority communities.

We are going even further. We introduced a new bilingualism requirement for the Supreme Court of Canada to improve access to justice in both official languages.

We will strengthen the Treasury Board's role as a central agency to coordinate and enforce the Official Languages Act. In other words, we will replace the discretionary aspect of its monitoring, auditing and evaluating powers and make these powers mandatory.

We will also strengthen the powers of the Commissioner of Official Languages to provide him with more tools to do his job. He will be able to impose administrative monetary penalties on certain privatized entities and Crown corporations operating in the area of transportation serving the travelling public.

Our bill also includes important clarifications regarding part VII and 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.

In addition, we will also strengthen Canada's francophone immigration policy, which will include objectives, targets and indicators with the aim of increasing francophone immigration outside Quebec.

We are also increasing supports for official language minority communities in order to protect the institutions they have built.

I want to take a moment to reassure English-speaking Quebeckers that nothing in this bill takes away from the rights and protections they have. We will always continue to support the development of the English-speaking minority in Quebec.

In short, this modernized legislation will result in numerous benefits for communities across the country. The bill we are presenting today ensures that the Official Languages Act reflects the challenges of the 21st century.

In other words, more francophones will be able to work and live in French.

More anglophone parents would be able to send their children to immersion. More official language minority communities would be able to thrive. All Canadians would recognize themselves in this legislation, which would give our children and grandchildren a world of opportunity.

Our history has taught us that we could never take our linguistic duality for granted. With this bill, we are adapting to a world that is constantly changing. We are preparing for the challenges of today and preparing for the challenges of tomorrow.

We are embarking on a historic legislative process that will significantly advance Canada's linguistic framework. The implications for everyone in Canada are huge.

I know parliamentarians will examine Bill C‑13 very closely. That is excellent news. As parliamentarians, we all have a duty to ensure this country has the best possible bill and that it will have a positive impact on all Canadians.

I want to assure all of my colleagues on both sides of the House that I will be here to work with them throughout this process and when it comes time to implement this bill that will soon, I hope, become law.

Thank you. Meegwetch.

Official Languages

[Yves Robillard, Liberal, Marc-Aurèle-Fortin, QC]

Mr. Speaker, as Quebeckers prepare to celebrate their national holiday tomorrow, we can be proud of a federal government that protects and promotes the French language.

I am proud that our government has introduced Bill C‑32, which will modernize the Official Languages Act and bring it into the 21st century.

Could the Prime Minister tell the House how this bill will establish true equality between our two official languages?

[Mélanie Joly, Liberal, Minister of Economic Development and Official Languages]

Mr. Speaker, I want to thank my colleague for his excellent question and his leadership at the Standing Committee on Official Languages.

Our Bill C‑32, essentially a modernisation of the Official Languages Act, will protect and promote French in all areas of Canadian life, in our cultural institutions, in our public service and in international relations.

Bill C‑32 guarantees that francophones have the right to work and be served in French, whether they live in Quebec or somewhere in the country with a strong francophone presence. I hope that all parties will join us so we can quickly pass Bill C‑32.

[Emmanuel Dubourg, Liberal, Bourassa, QC]

Mr. Speaker, this week, the government introduced Bill C‑32, which seeks to modernize the Official Languages Act. This bill contains historic measures to protect and promote French across Canada, including in Quebec.

Can the Minister of Official Languages tell the House how Bill C‑32 will help us achieve real equality between our two languages?

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

Mr. Speaker, yesterday, when we asked the minister if she thought that her Bill C‑32 would protect French better than Bill 101 in Quebec, she said, and I quote, “Indeed, our remarks involve the entire country. Why? Because that is important. That is how we strengthen our federalism.”

That is great for her federalism, but her bill is supposed to strengthen French in Quebec. Does she realize that she will not strengthen French in Quebec with a single approach that does not accept that French is the only official language of Quebec?

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

Mr. Speaker, I am trying to understand where the minister stands on the language issue.

There are two systems: One is for the very large majority of Quebeckers, who are protected under the Charter of the French Language. The other is for about 200,000 workers in federally regulated businesses. These are the people Bill C-32 seeks to help.

My question is simple: Between Bill C‑32 and the Charter of the French Language, which one is more effective in protecting the right to work in French?

[Mélanie Joly, Liberal, Minister of Economic Development and Official Languages]

Mr. Speaker, I have a lot of respect for my colleague, and I can see that our objectives are aligned. We both want to protect the French language in Quebec. Now, we want to protect it across the country too, and we will. We also want to protect linguistic minorities, including francophones outside Quebec and anglophones in Quebec.

My colleague should be happy. For the first time ever, the federal government is stepping up and protecting the French language. That is why I encourage her to vote in favour of Bill C‑32 on official languages.

[Mélanie Joly, Liberal, Minister of Economic Development and Official Languages]

Mr. Speaker, I think that my colleague should read Bill C‑32. She would get a good answer to her question.

Essentially, 55% of businesses that have already complied with Bill 101 in Quebec will have the right to continue under the same system, and those that have not can decide to do so at that time.

Naturally, we want to protect the right to work in French, the right to be served in French and the right not to be discriminated against for being a francophone in Quebec as well as in regions with a strong francophone presence.

My colleague will also recognize that within federalism, the federal government must have a national role and an approach that protects all francophones. That is the objective—

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

Mr. Speaker, the Minister of Official Languages keeps repeating that the Charter of the French Language and her bill do the same thing. She says that someone protected by Bill C‑32 has the same rights as someone covered by the Charter of the French Language.

However, when Minister Jolin-Barrette says that the Quebec law must apply to everyone, the minister digs in her heels. When the House voted for Quebec's federally regulated businesses to be subject to the Charter of the French Language, she voted against it.

My question is simple: Why did she vote against it if it is the same thing?

[Mélanie Joly, Liberal, Minister of Economic Development and Official Languages]

Mr. Speaker, let us stop trying to scare people, as my colleague is doing.

It is not complicated. Bill C-32, an act to amend the Official Languages Act, which we introduced yesterday, requires federally regulated businesses to recognize the right to work in French, the right to be served in French, and the right of francophones not be discriminated against. Basically, these are the same provisions that are in Bill 101 and that have been adapted to a national system that applies to Quebec, as well as to regions with a strong francophone presence.

For businesses that are already compliant with Bill 101, an agreement will be made with the Government of Quebec. For those that are not compliant with Bill 101, it is not complicated; there is no longer a legal void and they will have to comply—

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

Mr. Speaker, Bill C‑32 invalidates Quebec’s Bill 96 and its intent to apply Bill 101 to federally regulated businesses. Bill C-32 does not force the francization of businesses; it simply tolerates that workers speak in French. Bill C-32 does not recognize French as Quebec’s only official language, nor does it do anything to make up for its threatened minority status. Bill C-32 therefore prevents Quebec from taking charge of its language policy.

Why would Quebec vote for this instead of its own Bill 101?

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

Mr. Speaker, there is no legal void and Quebec has no plan to rely on Bill C‑32.

Quebec's minister responsible for the French language said, “One thing is for sure: The terms and conditions of Quebec's bill will be the ones that apply in Quebec”.

The federal minister, looking for a fight, responded, “We have jurisdiction over federally regulated businesses.... What do they want to do? Do they want to protect French or do they want to keep arguing?”

The minister clearly chose to keep arguing, because her bill does not protect the French language. It protects bilingualism. Why does the minister not simply let Quebec protect the French language with Bill 101?

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

Mr. Speaker, Quebec wants to protect the French language. All that Ottawa could do in its jurisdictions to protect French in Quebec was to let Quebec's Charter of the French Language apply to federally regulated businesses.

However, the minister is doing the opposite with Bill C‑32. She is setting the stage for increased bilingualism by extending the scope of Canada's Official Languages Act. She is creating a jurisdictional squabble instead of helping stop the decline of French.

Why is the minister refusing to do something useful by letting Quebec apply Bill 101?

Opposition Motion—Amendment to Section 45 of the Constitution and Quebec, a French-speaking Nation

[Marie-France Lalonde, Liberal, Parliamentary Secretary to the Minister of Economic Development and Official Languages (FedDev Ontario and Official Languages)]

Mr. Speaker, I rise today to speak to the motion moved by the member for Beloeil—Chambly.

I am pleased to pick up where the minister left off in talking about the reform of the Official Languages Act. I want to start by highlighting how important it is to build upon Canada's official languages in this process.

We know that our two official languages, French and English, are inextricably linked to our history and our identity. They are used in all of our conversations, activities and projects. They also help us express our culture, which is made up of and enriched by many different cultures. All of these cultures are at the very heart of the social contract that binds us all as Canadians.

French and English, along with the indigenous languages, enrich this country so much and inspired Parliament to adopt the first version of the Official Languages Act in 1969.

Since the passage of this act, various measures and amendments have allowed us to strengthen both the official languages framework and the measures defining their use in the public service. Of course, the most important contribution to official languages is without question their entrenchment in the Canadian Charter of Rights and Freedoms.

The Official Languages Act and other linguistic measures, including the court challenges program and the language rights support program, paved the way for incredible gains.

Among other things, we have seen the establishment of institutional bilingualism, enabling francophones across the country to access services in their mother tongue. We have also seen the emergence of a new generation of Canadians who were able to get an education in the minority official language, something their parents were unable to do. We have seen members of official language minority communities assert their rights and support the development and vitality of their community.

Many civil servants were able to learn the other official language in order to support the delivery of adapted services, while measures were taken to allow francophones and anglophones to find a job and advance their career in federal institutions.

Back when the act was passed, who would have thought French immersion schools would be so popular?

The whole country can see how far we have come, but the situation has changed rapidly in recent years. We have observed that, despite our efforts, the use of French has declined across Canada. Because of its minority status in North America, we have always had to be vigilant and focused. Over the past few years, the Internet and social media have become pervasive, international trade has advanced and every aspect of our lives has been digitized. All these factors unduly favour the use of English.

It is time to take action. This new reality has created an array of needs and expectations, as well as new responsibilities for us. A responsible government must study the situation, review its positions, develop solutions and consult Canadians about the best approach. That is exactly what we did.

In February, our efforts to that end resulted in the publication of our reform proposal, entitled “English and French: Towards a substantive equality of official languages in Canada”, which the minister referred to.

In addition, this morning, after extensive efforts, the Minister of Official Languages introduced in Parliament Bill C-32, an act for the substantive equality of French and English and the strengthening of the Official Languages Act. This bill confirms the commitments made by our government in the throne speech and the 2021 budget statement. It fulfills the vision we presented in February, a vision that was favourably received by official language communities and by many community and government stakeholders.

We are convinced that, in a modern society like ours, and given our ambition to build a just society, all Canadians need to see themselves reflected in the Official Languages Act. Anglophone parents must be able to enrol their children in French immersion. The government must meet the expectations of francophones, both in Quebec and across Canada, and it must properly promote and protect the French language.

Francophones must have the right to work in their mother tongue everywhere in Quebec and in regions with a strong francophone presence elsewhere in the country.

Immigration is quickly changing Canada's demographics, and the government needs to attract immigrants who speak French to both Quebec and other areas. The government also needs to support official language minority communities, both anglophones in Quebec and francophones outside Quebec, so that they have strong institutions that will ensure their vitality and survival.

Finally, the federal government needs to set an example. The public service needs to offer real services in both official languages. CBC/Radio-Canada needs to play its role as a key cultural institution, the Commissioner of Official Languages must be given more powers, and finally, judges of the Supreme Court of Canada must be bilingual.

We want to establish a new linguistic balance that will ensure substantive equality between our two official languages. That will sometimes require each linguistic group to be treated differently in the development and implementation of our policies in order to take into account their specific situation, characteristics or needs.

In Canada, French and English do not carry the same weight. It is up to the government to make smart interventions to restore the balance and ensure that the fundamental rights of all Canadians are respected.

Our reform plan and our bill include several guiding principles and proposed changes that will allow us to better promote and support French, support the establishment of essential institutions in official language minority communities and finally achieve the equality between our two official languages that we have been striving for.

Among other things, we want to highlight the specific linguistic vitality of each province and territory and protect the existing language rights of indigenous peoples. We want to create more opportunities for learning both official languages. We want to support institutions in official language minority communities, and we will commit to protecting and promoting French across Canada, including in Quebec. We want the Government of Canada to set an example by enhancing compliance within federal institutions.

I would like to reiterate that the reform will also affect federally regulated private businesses and, accordingly, the linguistic situation in that part of the labour market. We will protect the right to work in French in these businesses across the country wherever there is a strong francophone presence, which obviously includes Quebec. Both workers and consumers in these regions will be better protected, better informed and served in their language.

As well, we have found that legislation dealing with a subject as dynamic and evolving as language must be regularly reviewed and adjusted in order to stay relevant. That is why we have established a system of periodic reviews of the act and its implementation. This is how we will ensure that the Official Languages Act remains relevant and modern.

We want to ensure the vitality of our two linguistic communities and of all official language minority communities. Due to the differing circumstances of each linguistic community, we are adopting broad principles and comprehensive objectives in order to avoid taking a case-by-case approach, which could create more inequality. We are certain that the solution to achieving the desired results lies in a flexible but solid pan-Canadian framework.

I believe that all members of the House care about protecting the official languages and the language rights of all Canadians. I would therefore encourage them to study our reform proposal carefully and to support the bill that we introduced this morning.