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]

Mr. Chair, I move that Bill C‑13, at clause 22, be amended by replacing line 6 on page 15 with the following:

and review of programs relating to the achievement of

In the bill it states, “relating to the advancement and the equality of status”. From our perspective, we are talking about “the achievement of status”. In my opinion, the advancement of status is very philosophical. In the Conservative Party, we are more practical, more pragmatic. The change may make things clearer and easier to interpret.

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

That's fine.

I move that Bill C‑13, in Clause 22, be amended by replacing line 5 on page 15 with the following:

sure public consultation and separate consultations with the provincial and territorial governments in the development of policies

We are adding “provincial and territorial governments” because it is important to consult those levels of government, which are very important. We have to work in co‑operation with them.

[Marcel Fallu, Manager, Modernization of the Official Languages Act, Department of Canadian Heritage]

Bill C‑13 contains the provision we’re currently discussing, but it also includes another section, section 52. This section aims to amend the Department of Canadian Heritage Act to offer an equivalent, but for the human rights component of the Court Challenges Program.

In the current bill, the two components are not included in the same section. It mentions the powers of the same minister, but we considered it inappropriate to connect them to the human rights aspect in the Official Language Is Act. It is, however, the same Canadian Heritage program, which funds it through a contribution agreement with the University of Ottawa, an independent third party.

[Julie Boyer]

Thank you very much for the question, Mr. Chair.

The only issue of concern has to do with the commitment to provide funding to an "organization, independent of the Government of Canada, responsible for administering a program". The issue has to do with disclosing the transfer of funds coming from Canadian Heritage. The independent organization managing the program, the University of Ottawa, would declare the amount of funding granted in connection with the program. The university would then manage funding allocation, but I don’t think it could be required to report on it under Bill C‑13.

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

Unless I table the modified amendment, but that's another story, Mr. Chair.

Amendment BQ‑39.2 is not binding, but in my opinion, it is important.

Under paragraph 22(1)c) of the bill, in the section that reads "provide funding to an organization, independent of the Government of Canada, responsible for administering a program whose purpose is to provide funding for test cases [...] to be brought before the courts", we propose to add the word "transparently" before the word "administer".

For some time, it's been impossible to know how the funds are used and which organizations receive them. It's justified in part by the fact that we don't want to undermine a litigant launching a lawsuit.

For example, at one point, the Fédération des communautés francophones et acadienne, or FCFA, told us that if a provincial government knew ahead of time that the funding was coming, the government could prepare for it, which would weaken the FCFA's position. In my opinion, that means it's important to have as much transparency as possible.

As we know, the Court Challenges Program can occasionally undermine some provincial legislation, not only in Québec, but also in other provinces.

As for point b), we propose to add "rights granted under provincial and territorial linguistic regimes" after the section that read, "for test cases of national significance to be brought before the courts to clarify and assert constitutional and quasi-constitutional official language rights".

I was told that New Brunswick planned to offer bilingual services in all of its cities, but the measure came into conflict with the Official Languages Act, which specifies that the services have to be offered where numbers warrant. As that can sometimes come into conflict with francophones' rights, it's important to consider rights granted under provincial and territorial linguistic regimes, which already exist in Bill C‑13 in other respects.

Amendment BQ‑39.2 also intends to add a point to subsection paragraph 22(1)c), which would become paragraph 22(1)c.1). The wording would then become "provide this funding as transparently as possible, including by requiring that, after a test case is brought, the name of the funding recipients of the program referred to in paragraph (c) and the nature of the case be disclosed in the annual report of the independent organization, unless there are reasonable grounds to believe that the disclosure would cause harm to the recipients;".

Again, this is not a binding amendment; instead, it's a goad to increase transparency as much as possible. Since the money comes from taxes, it's normal to have a minimum of accountability.

The text in paragraph 22(1)c.1) was proposed by the Standing Committee on Justice and Human Rights, which led a study on the subject. Furthermore, I think Mr. Housefather was the chair at the time.

To summarize, it's simply about making the Court Challenges Program as transparent as possible.

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

The question was raised more than once during committee discussions.

When we say "the necessary measures", their necessity must be proven. Often, a stakeholder must prove that a specific measure is necessary, or the minister must be persuaded of its necessity, which can add needlessly to the burden of proof. It could even dissuade certain ministers from implementing positive measures because they would not be deemed necessary.

It explains the wording still used by legislative drafters in Bill C‑13, which specifies that federal institutions must implement commitments by taking measures "they consider appropriate," or possible measures, rather than talking about measures deemed necessary, because that requirement adds to the burden of proof.

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

Mr. Chair, with CPC‑33, we are again stressing the importance of clarifying the necessary measures.

The amendment seeks to amend Bill C-13, in clause 22, by replacing line 14 on page 14 with the following:

22 (1) The portion of subsection 43(1) of the Act before paragraph (a) is replaced by the following: 43 (1) The Minister of Canadian Heritage shall take the measures necessary to advance the equality of status and use of English and French in Canadian society and, without restricting the generality of the foregoing, may take measures to (1.1) Paragraphs 43(1)(b) to (g) of the Act are re-

That's the amendment, Mr. Chair. I think everyone here has the ability to understand the purpose of CPC‑33, so I won't go on and on.

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

Bloc Québécois amendment 39.1 pertains to the translation bureau.

I am proposing that Bill C-13, in clause 21, be amended by adding after line 13 on page 14 the following:

42.2 (1) The Government of Canada is committed to ensuring that, within one year after this section comes into force, (a) the translation, interpretation, sign-language interpretation and terminology services that the Translation Bureau provides to federal institutions under the Translation Bureau Act are hereafter provided free of charge; (b) the duties and functions set out in subsections 4(1) and (2) of the Translation Bureau Act are carried out; and (c) the Translation Bureau is given the mandate to use the Government of Canada’s purchasing power to develop the Canadian language sector. (2) The Minister of Canadian Heritage, the Minister of Public Works and Government Services and the Translation Bureau shall take such measures as they consider appropriate for the implementation of the commitments under subsection (1).

As we speak, the government is violating its own Translation Bureau Act, which says that the bureau's services are to be provided free of charge. Since its services stopped being provided free of charge and departments and other government institutions have been made to pay for those services, many of them have stopped having their documents translated. Some do so only on request. Others rely on machine translation or unqualified resources. Some pay even more for translation services than what the translation bureau charges.

On one hand, what I'm proposing would cost less, and on the other, it would ensure the provision of translation services to the Parliament of Canada in both official languages. If people really care about Parliament's capacity to conduct bilingual proceedings and the availability of those proceedings in French, the committee must support this amendment.

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

Mr. Chair, I think that's a step in the right direction, but since we're going to the trouble of modernizing the Official Languages Act, it would have been better to adopt my amendment.

For the benefit of the people in the room and those following the proceedings virtually, I will again read new subsection 42(1), as proposed by Bill C-13:

42(1) The Government of Canada is committed to advancing the use of English and French in the conduct of Canada’s external affairs and to promoting French as part of Canada’s diplomatic relations.

I want to say how disappointed I am. As I said at the outset, the language being proposed would be stronger than it is now, but weaker than what I had proposed. I'm disappointed, but such is the thrusting and parrying of Parliament, and I have to live with that.

[Marc Serré, Liberal, Nickel Belt, ON]

Thank you, Mr. Chair.

This is along the same lines as Mr. Godin's amendment, which we just voted on.

LIB 20.1 would amend Bill C-13, in clause 21, by replacing lines 33 to 35 on page 13 with the following:

(2) The Minister of Foreign Affairs shall implement the commitment under subsection (1).

Everyone received a copy of the amendment.

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

With Conservative amendment 32, we are again trying to address the whole idea of estimated numbers. I think it's important to correct that language in order to have the most accurate picture of the situation possible.

Under this amendment, Bill C-13, in clause 21, would be amended by replacing lines 31 and 32 on page 13 with the following:

(2) The Minister of Foreign Affairs shall take the measures necessary for the im‑

In other words, where the bill says that “The Minister of Foreign Affairs shall take such measures as that Minister considers appropriate”, the amendment would replace “shall take such measures as that Minister considers appropriate” with “shall take the measures necessary”.

I think it's important to adopt this amendment and demonstrate our desire to put strong provisions in place that will give the Official Languages Act more teeth.

[The Chair, Liberal, René Arseneault]

Before we get started, I want to draw the committee's attention to a mistake that was made at the last meeting, when we adopted Liberal amendment 16, as amended by Mr. Godin's subamendment. LIB‑16 is on page 88 of the amendments package.

The French version of the amendment as amended proposed that Bill C-13, in clause 21, be amended by adding after line 23 on page 12 the following:

(iii.1) à assurer le rétablissement et l'accroissement du poids démographique des minorités francophones,

However, a mistake was made in the English version.

It says that Bill C-13, in clause 21, be amended by adding, after line 21 on page 12, the following:

(iii.1) restore and increase of the demographic weight of French linguistic minority communities,

In the English version, the word “of” should have been removed so that the amendment as amended read as follows:

(iii.1) restore and increase the demographic weight of French linguistic minority communities,

Do I have unanimous consent for this minor error to be corrected?

[The Chair, Liberal, René Arseneault]

I call the meeting to order.

Welcome to meeting number 54 of the House of Commons Standing Committee on Official Languages.

Pursuant to our routine motion, I would like to let the committee members know that everyone did the necessary connection 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.

I would like to welcome our witnesses. From the Department of Canadian Heritage, we have Julie Boyer, Marcel Fallu and Chantal Terrien. From the Department of Citizenship and Immigration, we have Alain Desruisseaux. From the Department of Justice, we have Warren Newman, and lastly, from the Treasury Board Secretariat, we have Carsten Quell. They are all here today to support the committee and answer any technical questions members may have. I want to thank them for their invaluable assistance.

(On clause 21)

Official Languages

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

Mr. Speaker, I would like to thank my friend and colleague from Laval—Les Îles for his important question and his hard work.

Our French language is invaluable, and it is at risk.

That is why we are the first government to recognize the decline of the French language and also the first government to say that we will do everything we can to protect and promote French across the country.

With Bill C-13 and our next action plan for official languages, we will contribute our fair share to the all-out effort to protect and promote French across the country.

I would like to take this opportunity to wish everyone a happy International Day of La Francophonie.

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

I'm getting there, Mr. Chair.

I simply want to describe the extraordinary work done by my colleague on behalf of francophones outside Quebec, and even in Quebec.

There is at the moment a property-related situation. I'd like to congratulate Ms. Marie-Pierre Lavoie, the chair of the Conseil scolaire francophone de la Colombie-Britannique, the CSFCB, who has been working hard on this. There is a problem at the moment in British Columbia with access to real property in Canada. That's why I wanted to congratulate her.

It's worth remembering that the last witness before we began to discuss Bill C‑13 was Mr. Denis Chartrand, who has spent his life working on many issues, including access to federal real property. Mr. Chartrand will be retiring soon. As he has already said so, I'm not revealing anything new, but I just wanted to thank him for his work and his dedication to francophones outside Quebec.

I would now like to propose a subamendment to amendment Lib‑20.