Bill C-13

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

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

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

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

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

Madam Speaker, I was listening to the debate and thinking about the difference the bill could make for the small but mighty francophone community in northwest British Columbia. I appreciated the stories the member shared about the francophone communities in the riding he represents. I wonder if he could share with the House which provision in the bill he feels would make the biggest positive difference for those communities he represents.

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, I want to thank the member for the great service he provides to his communities. I am sure in his riding there are many small pockets of francophone communities, as there in the communities in my riding and all across this great country.

The bill would provide the opportunities for people to be able to learn French. There are many great communities that have French immersion programs. I did mention in my speech Collège Mathieu in Gravelbourg, which provides a French education for people who are trying to learn French. People from all across this great country take their high school education in Gravelbourg, for example, because they care so much about the language. We have lots of great things happening in Saskatchewan.

[Marilène Gill, Bloc, Manicouagan, QC]

Madam Speaker, I would like to say from the outset that French in Quebec and outside Quebec is alive and well.

In the House, I sometimes get the impression from some speeches that French is being dismissed as a dying language. People have brought up certain monuments from the past. I agree that we can be proud, but French is not a thing of the past and the Bloc Québécois can attest that it has a future. However, I think Bill C‑13 is a step backward.

I will explain what I mean, as some of my colleagues have, but perhaps on a bit more of a personal level. We all have a very close and personal connection to our mother tongue, and even to what I did outside the House. In my professional life, this was always very important.

I mentioned a step backward.

First there was Bill C-32, and today we are debating Bill C‑13. We can all agree that sometimes bills are two sides of the same coin. They do look somewhat similar. There is talk of urgency and improvements, but urgency is relative given that the Liberals decided in 2021 to shut down Parliament and call an election just after the Minister of Official Languages had introduced Bill C‑32. Some changes were made. I remember hearing a colleague say earlier that the previous bill was really quite extraordinary, so much so that they decided to rewrite it in the next Parliament.

We keep hearing about equality. To me, “equality” is a pretty strong term. It is not “equity” or “the possibility of equity”. I do not think Bill C‑13 is about equality. Even in terms of institutional bilingualism or individual bilingualism, I think it is a denial of the truth to say that bilingualism truly exists in Canada.

I could talk about my personal experience as a private citizen, and not just with the Air Canada example. Even though Bill C‑13 supposedly sets out to achieve “substantive equality”, this is still just a bill. As with any rights issue, there can still be a right, and the idea with that right can be equality, but in actual fact and in practice in real life, there has to be a lot more than that. A colleague talked about “teeth”, but I think that overstates what is in the bill. I talked about a step backward, so “teeth” is not really what we have here.

One thing the Bloc Québécois feels is important is the acknowledgement of a fact. I am not sure this particular fact is worth getting excited about, but the bill does acknowledge the fact that French is in a minority situation in Canada and in North America. We agree on that. These are just numbers, but at least there is that acknowledgement, and that is one step in the right direction, albeit a small one.

The Bloc Québécois often comes back to the issue of minority status. Quebec's French is the language of the minority in Canada and we stand by that. It is not the language of the majority. It is in Quebec, but it is still surrounded by English. I will come back to that later with personal examples. I believe it is important to talk about the minority status of French.

The Bloc Québécois naturally stands with francophones outside Quebec. Bill C‑13 does not have the same impact on communities outside Quebec as it does on those in Quebec. That could sometimes be a good thing for certain communities. I was thinking about what the Minister of Official Languages was saying earlier concerning the court challenges program. For francophone groups outside Quebec, it may be useful. However, in Quebec, it is the complete opposite. It is destructive.

With regard to Bill C‑13, the best approach would have been to respect Quebec and its choices. Only a nation can properly defend its own language. Language is the main vehicle for culture. It is a means of expression that is replete with history and meaning.

It is up to Quebec to protect it. Quebec knows best how to do that, such as with the Charter of the French Language. Here the feds are imposing a bill that conflicts with our existing mechanisms to protect and promote the language. They are forcing us to do all kinds of things. I have emphasized that repeatedly this week. The feds force a lot of things on us.

Earlier, I talked about denial. I could talk about something that rings totally false. The government's proposal will be harmful. We really want something asymmetrical, but that is not at all what this is.

I wish I could have talked about a lot of other things. I really could have used 20 minutes, but I will move on to something more personal. Anyway I think we all agree, and we have said it over and over: there is no way we can accept this.

I would have liked to talk about the differences between a right and a responsibility. In the case of Quebec, this bill enables federally regulated businesses to choose the language, whereas the charter says that employees must speak French at work. That is a big difference. It is night and day. Protection needs to take precedence over choice. If the choice exists, we will not be able to defend our language. Sometimes, people choose the easy way out, and the easy way out is Bill C-13.

That being said, I would like to talk about my own personal experience. My colleague from La Pointe-de-l'Île specializes in languages, my colleague from Berthier—Maskinongé is a historian and my colleague from Longueuil—Saint-Hubert is an actor. My background is in the humanities. I enjoy literature. I am a literature professor. I worked in writing and publishing. My house is full of books. Of course, they are books of French literature, even though I also worked on British literature. The fact remains that, even though this was not a family trend, I somehow stumbled into the humanities and the language field. Every day, my thoughts turn to issues related to language, literature, culture and identity. Language is part of our identity.

I also have children. When one has children, they have a mother tongue. Of course I taught them French, but our children are not our children. That is the way it is; it is part of our existence. I have three children, one of whom is very small. He does not talk yet. I also have older children. Despite my efforts, all I see in their lives—this is a debate about territory, so I hope my colleagues will allow me this more or less accurate analogy—is like what the Romans did, but with English, which seeks to extinguish the French language right in our own homes. I am not against all these digital tools, but when I look at my children, I can see that, language-wise, it is no longer like it was in 1950, when people had to cross the border to swim in an anglophone sea. Now it is in our very own homes, so we really have to come up with some very strong measures.

I think of my son who is a gamer. He is bilingual, and I am glad he is. I speak several languages too. I speak a little German and Spanish. I studied Latin and Greek, and I speak French and English. I love languages. I see that he has become bilingual, but at the same time, I see how much languages change. I am talking about the written language, the spoken language and our relationship to language. Even though my kids are young, certain languages still dominate. In the concept itself, the idea of cultural domination means that one will assimilate the other.

The same is true of my daughter, through the use of social media, and I mean that in the pejorative sense. Sometimes she has no choice regarding what information she can access, even though the amount of information is astronomical. We have a huge encyclopaedia at our fingertips. She will end up becoming anglicized, too.

This will also be true for my little boy, with platforms like Netflix and everything he will have access to. Most of it is in English.

Everything I just described is really happening, and legislation like this is truly a complete setback. When we want to strengthen a language, and I am still talking about Quebec, we do not introduce legislation that goes against the will of a nation and against the will of a government. This would only weaken the language.

In my opinion, and my words will be harsh, this bill is an indirect linguistic assimilation policy for Quebec. When something cannot be done directly, it is done indirectly. I think Bill C‑13 is smoke and mirrors.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, it has been interesting to hear the government try to trumpet its work on this. Of course, members remember that it put forward a bill in June of last year, at the very tail end of the last Parliament, but instead of ever bringing that bill forward for debate, the government called an early election in the middle of the summer. That was on the same day that Kabul fell and various other events were going on.

In spite of always complaining about its legislative agenda, the fact is that it has on multiple occasions, through prorogation or calling an early election, torpedoed its own legislative agenda.

I wonder if the member wants to comment a bit on the context of that and how long it has taken the government, and the efforts to manipulate Parliament now in spite of its failures to move things forward in the last Parliament.

[Marilène Gill, Bloc, Manicouagan, QC]

Madam Speaker, I could not agree more with my colleague. In all the notes I prepare for my speeches, I am always tempted to remind members of that early and absolutely useless election that cost all Quebeckers and Canadians time.

We are now starting over again, discussing bills that we could have tackled back then. Furthermore, the government is constantly telling us that it is urgent. I would submit to my colleagues that we are sitting until midnight tonight. There could have been other ways of doing this.

I would like the government to take responsibility for its own bills and its own legislative agenda so we can get things done. There is no point in simply talking without there being any concrete action. We see it even with tonight's bill: There is a great deal of goodwill, but, when it comes to concrete measures, that is a different story.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Madam Speaker, I am very pleased to have heard my colleague's speech. The NDP agrees that the French language is in decline in Quebec and Canada. In fact, the government adopted a motion to that effect during the last Parliament, which I remember quite well because I was the one to move the motion.

This bill, which needs much improvement, still achieves something fundamental because, for the first time, it affirms that there is an asymmetry between the status of French and that of English, since French is a minority in Quebec, but also in Canada and across North America. Does the member not think that this recognition of the fact that French is in a minority constitutes progress for the protection of the French language?

[Marilène Gill, Bloc, Manicouagan, QC]

Madam Speaker, I could also say that I have good intentions while introducing a bill, for example, to lower gas prices.

There is nothing in Bill C‑13. The government sees, accepts, says and commits to saying that there is asymmetry. However, the text does not reflect that, since it does not contain asymmetrical measures. It is a problem and that is the problem.

For its part, the anglophone community in Quebec is doing very well. Hundreds of millions of dollars are sent to Quebec. Let us look at this honestly, and look at the data, not just the good intentions. The bill contains words, but words are worthless without action.

[Jeremy Patzer, Conservative, Cypress Hills—Grasslands, SK]

Madam Speaker, this bill is most likely going to end up in committee, so I would like the member to elaborate on what she would like to see happen to the bill in committee. What impact is it going to have on the French language for Quebec?

[Marilène Gill, Bloc, Manicouagan, QC]

Madam Speaker, we simply want this bill not to apply to Quebec. That would be the best thing to do.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I want to start by acknowledging that I am on the traditional territory of the WSANEC nation in my riding of Saanich—Gulf Islands.

Since we are talking about languages this evening, I want to point out that the word “saanich” comes from an indigenous language called Sencoten. The word was mispronounced by the Europeans, which resulted in the change that explains the name of my riding today.

We are here this evening to debate Bill C‑13. It has been a long, hard-fought journey to get protections for both official languages here in Canada. As we have heard, the French language is obviously threatened because it is the minority language in Canada and in North America. Quebec culture represents the largest francophone community in our country, but it is not the only one. There are the Acadians in the Atlantic provinces and there are other francophone communities all across Canada, such as the Franco-Manitoban and Franco-Albertan communities. There is also a francophone community in British Columbia. It is not big, but it is important.

The Official Languages Act was adopted in 1969. That was a long time ago. It declared that French and English were the two official languages of Parliament and the Government of Canada. The next step came in 1982, with the Canadian Charter of Rights and Freedoms, which reaffirmed French and English as the official languages of Canada. It has been 30 years since the last major reform to this legislation.

The government introduced Bill C‑32 during the previous Parliament, in 2021, but it died on the Order Paper when the election was called last August. We now have Bill C‑13, which was introduced in March 2022. This is my first opportunity to speak to this bill. We clearly need to address the decline of French in this country because French is still threatened, in spite of all of the work that has been done on official languages in Canada.

This bill has been well received. The Commissioner of Official Langauges said, “I have read the proposed measures and believe that they will breathe new life into efforts to protect and promote both of our official languages”. That notion of protecting and promoting French and of promoting and supporting the learning of English and French is a difference between Bill C‑32 from the previous Parliament and the current Bill C‑13. It is nevertheless clear that it is primarily the French language that needs to be protected. The bill also talks about promoting the French language, supporting francophone communities and, for the first time, protecting the right to work and receive services in French.

Bill C-13 is really two bills in one. It amends the Official Languages Act and enacts the use of French in federally regulated private businesses act, while making related amendments to other acts. This is an important effort for the protection and use of French in private companies.

As we have seen in tonight's debate, the Bloc Québécois will not be supporting this effort concerning Quebec. It is right to ask that French be protected in private businesses in Quebec. It is clear that the French language must be used in francophone majority regions. The bill does raise some issues, but I think we will be able to improve it in committee.

Bill C-13 expands and strengthens the powers of the Commissioner of Official Languages. It is a good idea to give him more powers and to strengthen his role by giving him the right to present and find solutions to violations related to the use of the French language in Canada.

This legislation also includes an effort to recognize indigenous languages. It is not much. It does not introduce new powers or new rights. However, the preamble of the amended act now includes these words in the way of recognition: “of maintaining and enhancing the use of languages other than English and French and reclaiming, revitalizing and strengthening Indigenous languages”.

I think that is a step in the right direction. We need to look to other legislation and other reconciliation programs to protect the most at-risk languages, our country's indigenous languages.

For unilingual anglophones who are following this debate, I cannot say how important it is for all of us who do not have French as a first language to keep trying to learn. I know that a lot of the members here tonight have tried, as I have, too. I love speaking French and I love improving my French. Late at night it gets a little more difficult, but it certainly improves and enriches our society.

It is not for nothing that French is known as the language of Molière. It is a beautiful language, and we need to make sure that Canada's identity on this continent, which is really one of the things that distinguishes us in an important way from, I do not know if we can call it American culture, but what passes for culture, not to be too self-satisfied about the richness of Canadian society in entertainment and music. We are, as anglophone Canadians, enormously enriched by the existence of the Quebec fact of the francophone reality that we are not a unilingual country. The more we protect and raise up indigenous languages and hang on to them, that will also improve who we are as a people and enrich us all.

[Ginette Petitpas Taylor, Liberal, Minister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency]

Madam Speaker, over the past few months, I have had the privilege of meeting with a number of stakeholders who have shared the improvements they want to see in this bill compared to the old Bill C‑32. I believe we have incorporated those improvements in Bill C‑13.

I really appreciated the comments by the member for Saanich—Gulf Islands, and I would like to know what recommendations she would make and what amendments she would like to see to Bill C‑13.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I thank the Minister of Official Languages for her question. I know that she is from a francophone region in Acadia.

Some recommendations were made by community groups in Quebec to strengthen complaint mechanisms and the commissioner's powers. I am eager to study these issues in committee in order to improve Bill C-13.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, on another note, I encourage the member to take a look at the article I just tweeted from The Globe and Mail about indigenous women and violence, and the energy sector.

Back to the main topic, I wonder if the member could just comment on some of the provisions in the bill around francophone immigration, the failure of the government to meet its target on that, the high refusal rates we have seen in francophone Africa, and the impact that has had on our ability to strengthen our engagement with countries in Africa and actually grow towards the target the government says it has.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, the member for Sherwood Park—Fort Saskatchewan has made many excellent points in the debate tonight.

In Bill C-13, it says the minister would develop a strategy to increase immigration from nations that are essentially francophone and are likely to have those who speak French as their first language. We do not have a good record in terms of the approval of immigrants from francophone Africa. We need to do much better. I think we could improve this bill, and this is actually an answer to the minister's earlier question, by not just asking for a strategy for what we are going to do, or asking the minister to develop a strategy, but for some pointed changes in the way Bill C-13 is written, to actually suggest that some of the problems we are facing are deliberately addressed with targets.

I know the member is also on the immigration committee. We have a crisis right now in the backlog for immigration, which also may explain a good deal of this, but not the refusal rates being disproportionately from Africa.

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

Madam Speaker, the Official Languages Act is founded on the principle that Quebec anglophones are a minority. However, they are part of the anglophone majority in Canada. Based on their supposed minority status, 100% of federal funding provided under the Official Languages Act serves to strengthen the anglophone community in Quebec, which had already received more than its share of funding from the outset.

That is one of the reasons for the decline of French in Quebec. Does my colleague not think that we should change the very principle of positive measures in Quebec?