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 .

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

Yes.

Mr. Chair, once again, to broaden the scope, amendment CPC‑46 proposes that Bill C‑13, in clause 37, be amended by replacing line 26 on page 24 with the following:

designated body means a federal institution referred to in

The amendment concerns the definitions.

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

All right, Mr. Chair.

Thank you.

I just wanted to provide some context before I moved a subamendment to give the commissioner more tools. My colleague has also tabled an amendment to that effect.

Mr. Chair, I will read the subamendment while the text is being distributed.

I move that item (a) of amendment NDP‑13, calling for changes to clause 36 on page 22 of Bill C‑13 be amended by replacing lines 33 to 41 on page 22 in the passage “under part IV or part V” with the following:

under part IV, V or VII

I also move that item (b) of that amendment be amended by replacing, in the passage “under part IV or V or subsection 41(7) or (10)”, with the following:

under part IV, V, or VII

That is along the same lines as what my colleague presented to give the commissioner more tools.

[The Chair, Liberal, René Arseneault]

Mr. Godin, I'm going to stop you right there, since this is completely irrelevant.

Your comment is not about the new NDP‑13 amendment. Yet that is the topic of this discussion. Your conclusions and comments are not related to what we are currently discussing. What you say does not concern Bill C‑13 and has no relevance for the public. You are sharing an opinion with us; you are making a political analysis. However, if you have the floor, it is to talk about new amendment NDP‑13.

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

Thank you, Mr. Chair.

You should know that I will be supporting my colleague's amendment, but I just want to express a thought.

The minister said that through Bill C‑13, she would give the commissioner additional tools. If there is an opportunity to add more to make it more effective, why aren't we getting that into the bill?

This is both a question and a comment, Mr. Chair. I would encourage our friends across the way and my colleague from the NDP to think before they vote.

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

Mr. Chair, the principle is similar here. It's about giving more tools to all the stakeholders who can advance the cause. Amendment CPC‑42 did not pass, but I am making another attempt to better equip the commissioner.

I move that Bill C‑13 be amended by adding, after line 18 on page 18, the following new clause:

28.1 Subsection 56(1) of the Act is replaced by the following: 56 (1) It is the duty of the Commissioner to take all actions and measures within the authority of the Commissioner with a view to ensuring recognition of the status of each of the official languages and compliance with the spirit and intent of this act in the administration of the affairs of federal institutions, including any of their activities relating to the advancement of English and French in Canadian society, consistent with federal, provincial and territorial measures to promote and protect the French language.

I don't want to be redundant. So I won't comment further. This is just to provide tools to the commissioner.

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

I move that Bill C‑13 be amended by adding after line 12 on page 18 the following new clause:

27.1 Section 52 of the Act is replaced by the following: 52 The Commissioner may engage, on a temporary basis, the services of persons having technical or specialized knowledge of any matter relating to the work of the Commissioner to advise and assist the Commissioner in the performance of the duties of his office and may fix and pay the remuneration and expenses of those persons.

Allowing the commissioner to have the tools they need to do their job well is a no‑brainer, in my opinion. I don't think we can argue against this additional measure. Those are my only comments.

[The Chair, Liberal, René Arseneault]

No amendments were tabled to clause 27.

I am at clause 27 in Bill C‑13.

[The Chair, Liberal, René Arseneault]

Amendment LIB‑32 is not being moved.

Shall clause 26 of Bill C‑13, as amended, carry?

(Clause 26 as amended agreed to)

[Francis Drouin, Liberal, Glengarry—Prescott—Russell, ON]

If you recall, I proposed earlier in my LIB‑28 amendment to move “The Treasury Board shall, as part of such mis-” to subclause (3) of clause 25.

Amendment LIB‑31 is related to this.

I move that Bill C‑13 in clause 26, be amended by replacing line 38 on page 17 with the following:

that are prepared under paragraph 46(3)(c).

Current paragraph 46(4)(c) of the bill therefore would no longer exist.

[Marc Serré, Liberal, Nickel Belt, ON]

Thank you, Mr. Chair.

I move that Bill C‑13, in clause 25, be amended in item (a) by replacing line 16 on page 17 with the following:

subsection 41(5) and paragraph 41(7)(a.1);

I also move that this bill, in the same clause, be amended, in item (b), by replacing line 31 on page 17 with the following:

grams that give effect to subsection 41(5) and paragraph 41(7)(a.1).

Of course, there are other amendments that will follow to add to it, but this is the current wording of the amendment.

[Francis Drouin, Liberal, Glengarry—Prescott—Russell, ON]

Thank you, Mr. Chair.

I move that Bill C‑13, in clause 25, be amended in item (a) by replacing lines 33 to 40 on page 16, with the following:

repealed.

I also move that this bill, in the same clause, be amended, in item (b), by replacing lines 3 to 8 on page 17 with the following:

(3) In carrying out its responsibilities [...]

You will have noticed that under the heading “Duties”, paragraph (4) says “In carrying out its responsibilities [...], the Treasury Board shall [...]. Since paragraph (3) has been eliminated, under the heading “For greater certainty”, the current paragraph (4) becomes paragraph (3).

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

The text of the subamendment is being distributed.

I move that amendment LIB‑27 to clause 25, on page 16 of Bill C‑13, be amended by replacing “subsection 41(5) and paragraph 41(7)(a.1)” with the following:

and section 41

Mr. Godin is going to explain to you exactly what this means. He is the expert, and I am just his assistant.

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

Mr. Chair, as luck would have it, I was able to have a discussion with the legislative clerks. I think my subamendment is in order, and I hope the committee members will be receptive.

I will be very transparent and explain what I am trying to do. Amendment CPC‑41 did not pass. I want to be a good sport. I'm trying to find common ground to strengthen the act and give the departments tools so they can get the best results possible, based on the act—not the departments. They need to have the tools to step in, act and take the necessary measures.

I move that amendment LIB‑27 to clause 25, page 16 of Bill C‑13, be amended by replacing the words “, subsection 41(5) and paragraph 41(7)(a.1)” with the following:

and VII, except sections 43 and 44.1,

I don't want to be told that this was written for the Minister of Canadian Heritage or the Minister of Citizenship and Immigration. Section 43 is for the former, while section 44.1 is for the latter.

I think we have a great opportunity to show that we are able to work together. Initially, the strongest amendment was introduced, which was amendment CPC‑47. The Liberals introduced LIB‑27, which is not as strong as CPC‑47, but stronger than the current act. I, for one, want to strengthen amendment LIB‑27 by including all of part VII.

I can't take my argument any further. I think it makes sense. I trust my colleagues will support this amendment.

[Marc Serré, Liberal, Nickel Belt, ON]

Thank you, Mr. Chair.

Amendment LIB‑27 is quite simple. I will read it first and then we can proceed.

I propose that Bill C‑13, in Clause 25, be amended by replacing lines 26 and 27 on page 16 with the following:

implementation of Parts IV, V and VI, subsection 41(5) and paragraph 41(7)(a.1) in all federal institutions

This is simply to consider the obligations.

[Karim Adam]

Bill C‑13 does in fact include additional duties relating to part VII, with regard to linguistic clauses and positive measures, among other things.