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

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

Sponsor

Status

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

Summary

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

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

Elsewhere

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

Votes

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

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 12th, 2022 / 11:45 p.m.
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Moncton—Riverview—Dieppe New Brunswick

Liberal

Ginette Petitpas Taylor LiberalMinister of Official Languages and Minister responsible for the Atlantic Canada Opportunities Agency

Madam Speaker, I am very pleased to be here tonight. I would like to recognize that we are all gathered here tonight on the traditional unceded territories of the Anishinabe Algonquin nation.

Before I officially begin my speech, I want to once again mention that I am an Acadian from New Brunswick. What I did not mention earlier is that I am the youngest of a family of 10 children. I was able to attend elementary and secondary school and complete my post-secondary studies in French thanks, in part, to the Official Languages Act. Many of my older brothers and sisters did not have that right. They had to go to an English high school. The modernization of the Official Languages Act is therefore something very personal for me. As I said, it is my experience. It is part of my daily life. If I had the right to work in French in Moncton over the course of my career, it is once again thanks to the Official Languages Act. I think that all members of the House really want to put forward a bill that has more teeth to protect and promote our beautiful languages.

Since 2019, our government has given itself a mandate to update Canada's linguistic situation and take stock of the evolution of official languages since the passage of the first Official Languages Act more than 50 years ago. The linguistic situation is constantly changing. The world we are living in has also changed since 1969. The time had come to focus on the good things about this legislation and on the challenges in order to offer a new, modernized vision of our linguistic duality and our bilingualism. We are modernizing the Official Languages Act at an unusual time. While the planet is grappling with the COVID‑19 health crisis, in Canada, we have seen how the pressure and urgency to act can have repercussions on the obligation to communicate with and provide service to the public. We have a duty to act, and we did that in order to take this into account in our modernization plans.

It is clear that the Official Languages Act has shaped this country's linguistic landscape for more than 50 years. Not only did it establish institutional bilingualism and enable francophones to pursue careers in the federal public service, but it also ensured that francophones could receive services and education in their language. In addition to promoting our two official languages for over 50 years, the act protected the rights of our official language minority communities, both francophone communities across Canada and anglophone communities in Quebec. The act ensured their vitality.

This is an undeniable Canadian reality and a uniquely Canadian distinction, but it also presents a challenge. This situation calls for a Canadian response. We have a duty and an obligation to support the vitality of these communities from coast to coast to coast for generations to come. Our rich history recognizes the presence, perseverance and resilience of francophone minority communities across the country and anglophone communities in Quebec.

However, the figures can be worrisome as maintaining the demographic weight of these communities is important to us. The numbers speak for themselves. We heard this many times this evening. The demographic weight of the francophone population is plummeting. The proportion of people whose first language is French outside Quebec was 6.6% in 1971 and will fall to 3.9% by 2036. Once again, these are frightening statistics.

Despite efforts in the area of francophone immigration and the protection of the right to access federal services in the language of one's choice, our government needs to do more to fulfill its responsibilities and its commitment to enhancing the vitality of official language minority communities. We need strong institutions that serve as a beacon in their communities. We also need better data so we can fine-tune our interventions in these communities. In order to achieve that, federal institutions also need to listen to their communities. We know that minority communities, whether francophone or anglophone, need institutions and services in their own language.

These institutions are part of the public space needed in order to live and grow in their language. When we talk about services, we are talking about those offered by large public institutions, such as provincial and municipal governments and community organizations. That includes school boards, day cares, community health clinics and cultural organizations. Our government's bill seeks, among other things, to help these communities reach their full potential by supporting the vitality of institutions in key sectors.

To do that, we want to amend part VII of the Official Languages Act by including practical examples of positive measures. These include providing support for key sectors of the official language minority community, such as education, employment, health, immigration, culture and justice; including an obligation for the Government of Canada to contribute to an estimate of the number of children who are entitled to an education in the language of the official minority; and affirming the Government of Canada's commitment to strengthening the education continuum from early childhood to post-secondary studies in the minority language.

These amendments will require the government to take more positive measures to support official language minority communities and will clarify the obligations of federal institutions, particularly when it comes to consulting these communities and protecting their key programs and services.

The bill we introduced presents solid and lasting solutions to protect the future of our official language minority communities and their institutions. The bill also proposes some innovative improvements. One example is the creation of the new rights to be served and to work in French in federally regulated private businesses. Our government is deeply committed to both our official languages and to these communities across Canada.

The introduction of the bill to modernize the Official Languages Act is a milestone for our identity as Canadians and for the defence of our language rights today and for generations to come. We have known for a long time that our main official language objectives can only make a real difference in the lives of Canadians if they are implemented in collaboration with the affected communities. This bill sets the stage for closer collaboration between federal institutions and official language minority communities.

In recent months, I have had the privilege of meeting with many stakeholders across the country who have commented on the new version of the bill. Once again, by actively listening, we were able to adjust the new bill to include several of the recommendations made by a number of provincial and national groups, to ensure that the bill has more teeth.

I look forward to answering questions.

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 12th, 2022 / 11:55 p.m.
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Conservative

Bernard Généreux Conservative Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Madam Speaker, it is five minutes to midnight. I wonder why, after a debate on the importance of French in Canada, the minister responsible for this file is giving a speech at 11:55 p.m.

I honestly think I know the answer: “on s'en sacre comme de l'an quarante”. That is a French saying from Quebec that basically means that they could not care less. I cannot believe it.

Why did the minister not give her speech at the start of tonight's debate? We could have asked her a series of questions throughout the evening.

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 12th, 2022 / 11:55 p.m.
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Liberal

Ginette Petitpas Taylor Liberal Moncton—Riverview—Dieppe, NB

Madam Speaker, I am very pleased to answer the member's question.

First, my speech at second reading has already been delivered. This evening I was here to listen to all the comments from all my colleagues because this bill is very important to the entire population. I am not afraid to stay here until midnight since I wanted to hear everyone's points of view.

Again, to me, protecting and promoting French is a priority. I want to work with all my colleagues in the House.

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 12th, 2022 / 11:55 p.m.
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Bloc

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

Madam Speaker, Bill C‑13 seems to recognize that French is in a minority and that French Quebec is part of the francophone minority. At the same time, it continues to use the concept of anglophones as a minority community. With respect to positive measures, will all the money keep going to the anglophone side? How are things going to be balanced out? What does this mean to the minister? Does she think the anglophone minority is a minority to the same degree as the francophone and Acadian communities?

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 12th, 2022 / 11:55 p.m.
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Liberal

Ginette Petitpas Taylor Liberal Moncton—Riverview—Dieppe, NB

Madam Speaker, I thank my colleague for his question.

Today, I was very pleased to welcome him to the reception with the secretary general of the Observatoire de l'éthique publique. I am very pleased that the member participated in that event with me today. I thank him for that.

Once again, I think that we recognize that French is in decline in Quebec and across Canada. When we look at the numbers, we can see that there has really been a demographic loss, and we need to invest to fix that.

Once again, as the Minister of Official Languages, I look forward to working with the Bloc and all members of the House so that I can ensure that this bill moves forward and that I am able to address this problematic situation.

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 12th, 2022 / 11:55 p.m.
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NDP

Bonita Zarrillo NDP Port Moody—Coquitlam, BC

Madam Speaker, I note that there were some comments today, and also from the minister, around protecting the French language.

Is there space in this bill to build on a new generation of French-speaking Canadians, and what in the bill would address that?

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 12th, 2022 / 11:55 p.m.
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Liberal

Ginette Petitpas Taylor Liberal Moncton—Riverview—Dieppe, NB

Madam Speaker, congratulations to my hon. colleague for her unanimous consent motion this week in the House. That was well done.

With respect to the issue of increasing our level of people who want to speak and learn French, what is very clear is that over the past number of years we have seen a real increase in Canadians who want to learn a second language. If we look at the investments that have been made in our action plan for the past five years, significant investments have been made in order to ensure that Canadians will be able to learn a second language. French is the language where we see that investments are being made, because it is absolutely a priority.

I know that in my part of the country, some parents get up at midnight to stand in line to register their children for day care, because they so want to make sure they are able to access those services. We want to really increase those services all across the country, specifically where we see there is a contingent of francophones there, because we want to make sure that people will be able to thrive in the French language as well.

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 12th, 2022 / 11:55 p.m.
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Liberal

Jenica Atwin Liberal Fredericton, NB

Madam Speaker, I congratulate the minister for her excellent speech, for the important work she does and for proudly representing New Brunswick and Acadians in the House.

My question is as follows. How is our government working to protect indigenous languages while protecting French in Canada?

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 12th, 2022 / 11:55 p.m.
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Liberal

Ginette Petitpas Taylor Liberal Moncton—Riverview—Dieppe, NB

Madam Speaker, I would also like to thank my colleague from New Brunswick for her hard work and her support for our bill.

We have been very clear in Bill C-13 and in many other instances. Through this legislation, we want to do everything we can to ensure that indigenous languages are promoted and protected. We recognize that in addition to our two official languages, Canada also has 70 indigenous languages. We introduced a bill on indigenous languages in 2019, and it passed.

Once again, we want to be engaged and make sure that we promote and protect these two beautiful languages. I also had the privilege of meeting with the Commissioner of Indigenous Languages, Mr. Ignace, to discuss this situation because, again, it is very important to us.

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 13th, 2022 / midnight
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Order. The hon. members for Langley—Aldergrove and Regina—Lewvan not being present in the House to raise the matter for which adjournment notice has been given, their notice is deemed to have been withdrawn.

The motion to adjourn the House is now deemed to have been adopted. Accordingly, the House stands adjourned until later this day at 10 a.m., pursuant to Standing Order 24(1).

(The House adjourned at 12:01 a.m.)

The House resumed from May 20 consideration of the motion that 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 read the second time and referred to a committee, of the amendment and of the amendment to the amendment.

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 30th, 2022 / 3:30 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

Pursuant to order made on Thursday, November 25, 2021, the House will now proceed to the taking of the deferred recorded division on the amendment to the amendment to the motion at second reading stage of Bill C-13.

The question is on the amendment to the amendment. May I dispense?

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 30th, 2022 / 3:30 p.m.
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Some hon. members

No.

An Act for the Substantive Equality of Canada's Official LanguagesGovernment Orders

May 30th, 2022 / 3:30 p.m.
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Conservative

The Deputy Speaker Conservative Chris d'Entremont

[Chair read text of amendment to the amendment to House]

(The House divided on the amendment to the amendment, which was negatived on the following division:)

Vote #106