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 .

[Niki Ashton, NDP, Churchill—Keewatinook Aski, MB]

Thank you very much, Mr. Chair.

I want to start by acknowledging that this is an important issue. Obviously, we've discussed it several times.

We recently learned about the great co-operation between the Government of Quebec and the Government of Canada on Bill C‑13. We want to respect that co-operation and recognize that collaboration between these two levels of government, which have already expressed their intention of protecting the French language and—

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Chair, I think it's important that the content of this amendment appear in Bill C‑13. It's vital to recognize that the province of Quebec is different from the other provinces and territories, in that it's the only place in North America where the common language is French.

The concept of implementing measures so that federally regulated businesses can require their employees to work in French is very significant. As we saw, Canadian National and Air Canada supported this objective. I can tell you ahead of time that I will be supporting the amendment.

Again, this is a very significant decision. It's like earlier, when I was talking about people in the highest echelons of this country and saying that the Governor General should speak both French and English. I think that in Quebec, people have a duty to work in French, and that duty should be written into Bill C‑13.

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

Chair, I think this is the moment that many people in Quebec have been waiting for.

We know that applying the Charter of the French Language to federally regulated businesses has broad consensus in Quebec. The unions, the big cities and all the former premiers, including those from the Liberal Party, support this amendment. I do not expect the Liberals to support it, but all the opposition parties have said they would support it.

I move that that Bill C-13, in Clause 54, be amended

(a) by replacing line 13 on page 39 with the following: Whereas the Government of Canada is committed to respecting Quebec’s choices regarding its linguistic development provided for in the Charter of the French Language; Whereas the Government of Canada recognizes and respects the (b) by replacing line 17 on page 39 with the following: Canadian society, including that Quebec’s Charter of the French Language provides that French is the official and common language of Quebec;

This amendment changes the preamble so that the Charter of the French Language applies to all businesses in Quebec.

[Marc Serré, Liberal, Nickel Belt, ON]

Chair, with leave of the committee, I would like to move amendment CPC‑59.

I move that Bill C-13, in Clause 51, be amended by replacing line 5 on page 38 with the following:

51 Sections 107 and 108 of the Act are replaced by the following: 107 The persons holding the positions referred to in subsection 34(2) immediately before the coming into force of that provision shall continue in office.

This is the type of grandfathering provision that addresses employees. I think it would be good to keep it in the bill.

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

I move that Bill C-13, in Clause 50, be amended by adding after line 4 on page 38 the following:

93.2 On any of the first 30 sitting days of each session of Parliament, the Minister of Canadian Heritage, with the support of the President of the Treasury Board, shall table in each House of Parliament a comprehensive summary of government spending and transfers to the provinces related to official languages during the previous session.

It is important to have this information for the purposes of transparency.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Chair, the majority and common language in Quebec is French. We know that French is in decline. It is true that we need to protect both official languages in Canada, French and English, but we also need to protect French in Quebec. That is the purpose of my subamendment.

I move that amendment LIB-38.1, proposing to amend Clause 50 at page 37 of Bill C-13, be amended by substituting “protection and promotion of the French language in Canada. ” by the following:

protection and promotion of the French language in Canada, including in the province of Quebec.

I think it is important to add this complement to ensure that French in Quebec is rightly considered as in decline, even though it is not a minority language. In Canada, Quebec has the most francophones. We need to recognize Quebec as a leader, which has an impact on all francophone minorities in Canada, in every province and territory.

[Marc Serré, Liberal, Nickel Belt, ON]

Thank you, Chair.

Amendment LIB‑38.1 is on the review that shall be undertaken every 10 years. We want to clarify the bill by specifying certain indicators or items.

I move that Bill C‑13, in Clause 50, be amended by adding after line 35 on page 37 the following:

(1.1) The review undertaken under subsection (1) shall include a comprehensive analysis, over the previous ten years, of the enhancement of the vitality of the English and French linguistic minority communities and of the protection and promotion of the French language in Canada. (1.2) The comprehensive analysis undertaken under subsection (1.1) may include any relevant (a) indicators that are related to sectors that are essential to enhancing the vitality of English and French linguistic minority communities, including the culture, education – from early childhood to post-secondary education – health, justice, employment and immigration sectors; (b) qualitative indicators; and (c) quantitative indicators, including mother tongue spoken, language most often spoken at home, rate of anglicization and francization, language transfer and language of work.

[Julie Boyer, Assistant Deputy Minister, Official Languages, Heritage and Regions, Department of Canadian Heritage]

Thank you for the question.

First, I want to clarify that the Official Languages Act applies to all federal departments and institutions, and that this committee specified that it would be the Treasury Board that would be responsible for implementing the act.

Elsewhere in Bill C‑13, as currently drafted, specific roles are given to ministers, such as the Minister of Immigration, Refugees and Citizenship for example, because of their mandate. This amendment addresses reviewing the act implemented by the Treasury Board. This amendment proposes that this review take place every ten years and be conducted by Canadian Heritage in consultation with the Treasury Board. This review would cover parts IV, V, and VI of the act, as well as part VII, which you have just added, to ensure that the results of the review are clearly identified.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Yes.

I move that Bill C‑13, in Clause 50, be amended by replacing lines 31 and 32 on page 37 with the following:

93.1 (1) On the fifth anniversary of the day on which this section comes into force and every five years after that

This is yet another amendment that is very consistent with the specific goals that Conservative Party of Canada members have had from the beginning, which is to stop the decline of French and to protect and promote both official languages.

The bill proposes that the new law be reviewed on the tenth anniversary of its coming into force, but the reality is that days, even years, could pass after that date. Let's not wait 10 years, let's build in some protection and give ourselves the tools to react more quickly. That is why a five-year deadline is so important.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

I would now like to move amendment CPC‑54, which is consistent with what we have done all along regarding this official languages bill.

I move that Bill C‑13, in clause 49, be amended by adding after line 28 on page 37 the following:

91.1 The Lieutenant Governor of New Brunswick or any other person appointed by the Governor in Council who is responsible for representing His Majesty in that province must be able to speak and understand clearly both official languages at the time of their appointment.

That is my amendment. I would now like to convince my colleagues to vote for it, because I think it is important.

At the previous meeting, earlier today, we heard that the only likely way to impose this requirement would be within the context of someone being appointed by the cabinet and the Prime Minister.

I simply want to give us the tools to make the process more rigorous, because chances are that none of us members will be here when the next governor general is appointed. In any case, the odds aren't great. Therefore, I think it's important to have the tools to build in that bilingualism requirement, for that position or elsewhere.

Thank you, Mr. Chair.

[The Chair, Liberal, René Arseneault]

Welcome to meeting number 56 of the House of Commons Standing Committee on Official Languages.

I want to let the committee members know that all members went through the required sounds tests before the meeting.

Pursuant to the order of reference of Monday, May 30, 2022, the committee is resuming consideration 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.

This meeting fulfills the conditions of the motion adopted on March 10 to add 6.5 hours of sitting time in order to debate the clauses and amendments to Bill C-13.

At the next meeting on Tuesday, April 18, item 6 of the motion passed on December 1, 2022, will be implemented as follows:

...all other amendments submitted to the committee shall be deemed moved. It is also moved that the chair shall put the question, forthwith and successively, without further debate on all other clauses and amendments submitted to the committee, as well as each and every question necessary to dispose of clause-by-clause consideration of the bill, as well as all questions necessary to report the bill to the House and to order the chair to report the bill to the House...

I again welcome the officials who were with us this morning. The Department of Canadian Heritage is represented by Julie Boyer, Marcel Fallu and Chantal Terrien. Warren J. Newman is here representing the Department of Justice. A special welcome to the Treasury Board Secretariat representatives, Karim Adam and Daniel Cadieux, as this is their first time at committee. They are replacing Carsten Quell. It takes two people to replace Mr. Quell, and that is saying something.

We are resuming consideration of clause 49 of the bill. This morning, before the meeting adjourned, I had ruled amendment CPC-53 out of order.

We will now move on to amendment CPC-54.

[The Chair, Liberal, René Arseneault]

Thank you.

First, I want to mention to committee members that amendments CPC‑53, CPC‑54 and LIB‑36 deal with similar measures. That said, here is my ruling on amendment CPC‑53.

Bill C‑13 seeks to amend the Official Languages Act, which does not apply to representatives of the Crown in Canada. However, amendment CPC‑53 seeks to make the “Governor General of Canada or other Chief Executive Officer or administrator carrying on the Government of Canada on behalf and in the name of the Sovereign” subject to the act. That is beyond the scope of the bill passed at second reading by the House of Commons.

I would refer to the House of Commons Procedure and Practice, third edition, page 770: “An amendment to a bill that was referred to a committee after second reading is out of order if it is beyond the scope and principle of the bill.”

In my opinion, for the reasons stated above, the amendment is beyond the scope of the bill. Therefore, I rule that the amendment is out of order.

Mr. Beaulieu, you have the floor.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

I'll make it quick.

In amendment CPC‑53, I move that Bill C‑13, in clause 49, be amended by adding after line 28 on page 37 the following:

91.1 The Governor General of Canada or other Chief Executive Officer or administrator carrying on the Government of Canada on behalf and in the name of the Sovereign, by whatever title designated, must be able to speak and understand clearly both official languages at the time of their appointment.

We currently have a case in point. We have a very respectable Governor General who is bilingual, but who unfortunately does not speak French. Therefore, I feel that this addition to Bill C‑13 is necessary to ensure that proficiency in both official languages, French and English, is included in the eligibility criteria for the position of Governor General.

When I say “bilingual” in Canada, I always emphasize that I mean French and English. Currently, we have a Governor General who is bilingual, but does not speak French.

I feel that this should be added to Bill C‑13. it's not retroactive; I want everyone to understand that it will be applied in the future. Please do not argue that we will dismiss the Governor General. It's too late for that.

I would also say that we enact legislation precisely to give us strong tools to demonstrate, at the highest level, and in the highest positions in our country, that we are leading by example and appointing people who speak French and English.

[Joël Godin, Conservative, Portneuf—Jacques-Cartier, QC]

Mr. Chair, in amendment CPC‑52, I move that Bill C‑13, in clause 44, be amended by replacing lines 13 to 16 on page 36 with the following:

Crown who is responsible for the provision shall seek the views of the provincial and territorial governments, of members of the English and French linguistic minority communities at a time and in a manner appropriate to the circumstances and, if appropriate, of mem-

[The Chair, Liberal, René Arseneault]

Before you ask your questions, Mr. Godin, I would like to make a comment.

You have moved and explained amendment CPC‑47. So I should tell you that it is the view of the chair that Bill C‑13 amends the Official Languages Act by establishing an administrative monetary penalty regime that may apply to a designated agency. These are almost the same arguments—