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 .

Official Languages

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

Mr. Speaker, the member for Mount Royal is against recognizing the Charter of the French Language in Bill C‑13, as are the member for Westmount and the member for Saint‑Laurent.

Now, a Liberal minister is threatening to join them and to vote against a Liberal bill. There are starting to be quite a few Liberals who are opposed to Bill C‑13.

At this point, one has to wonder whether the Quebec Liberal caucus dissidents, the rebels, are the ones who want to defend French.

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

Mr. Speaker, we have been very clear about our commitment to do our fair share to protect and promote French across the country, including in Quebec, and to protect and promote our official language minority communities.

I want to take a moment to thank the committee members who are working to advance this file.

With the passage of Bill C‑13, we will be able to give the Commissioner of Official Languages the tools he needs to do his work, which is essential. We will also be seeing changes for federally regulated private businesses to make sure that people can work and get service in French.

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

Mr. Speaker, the rifts in the Liberal caucus over Bill C‑13 are playing out like a musical. Tensions between the different gangs escalate from one day to the next. It is a real West Island story.

Yesterday, the member for Mount Royal broke ranks and announced he would vote against Bill C‑13 if it mentions the Charter of the French Language in any way.

Today, in a dramatic turn of events, a Liberal minister from the West Island also threatened to vote nay. A Liberal minister opposing a Liberal bill, that makes for good theatre, but will the minister responsible call them to order—

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

Thank you, Mr. Chair. I move that Bill C-13, clause 21, be amended by replacing lines 1 and 2 on page 11 with the following:

The heading of Part VII and sections 41 and 42 of the Act are replaced by the following:

Advancement of Equality of Status and Use of English and French

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

Thank you, Mr. Chair.

I have a question for Mr. Fallu. We've seen him regularly, but we haven't asked him many questions so far.

Mr. Fallu, I believe you were involved in drafting Bill C-13. What's the meaning of paragraph 35(1)(a), on lines 35 to 40 on page 8? Does it concern Quebec?

[Chantal Terrien]

Yes. What Bill C-13 sets out to do is modify the Official Languages Act. It creates a new different act for federally regulated private businesses.

[Julie Boyer]

My team is anxiously saying, no, no, no. We wouldn't appoint the candidate, but if this amendment is retained and Bill C-13 passes, those private entities that have official language obligations from this legislation—including, for example, Air Canada—would have to name a bilingual CEO. At the time of hire, this person would have to be fluently bilingual.

That's what this amendment says.

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

Mr. Chair, I think that it's important for the incumbents of certain positions within the public service to understand both official languages. We determined in the past that there were problems with access to promotions for those who spoke only one of the two official languages. I believe that amendment CPC-16 will provide an additional way for these people to work in the language of their choice.

We are therefore proposing that Bill C-13, in clause 14, be amended by adding after line 32 on page 8 the following:

“(2) Persons appointed by the Governor in Council to the following positions in federal institutions must, on their appointment, follow the necessary language training to be able to speak and understand clearly both official languages:

(a) deputy minister, associate deputy minister and positions of equivalent ranks.

I would add that the Language Skills Act adopted in 2013 by Stephen Harper's Conservative government addresses language skills in the public service and uses exactly the same wording. I simply want to remind people that the Conservatives have always defended the French language.

[The Chair, Liberal, René Arseneault]

I call the meeting to order.

Welcome to meeting No. 50 of the House of Commons Standing Committee on Official Languages.

Pursuant to the order of reference of Monday, May 30, 2022, the committee resumed its study 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.

Pursuant to our routine motion, I am informing the committee that all members have carried out the connection tests required prior to the meeting.

I would once again like to thank the officials who have come to support the committee by answering technical questions. Their presence is extremely helpful to us. I therefore welcome Ms. Julie Boyer, Mr. Marcel Fallu and Ms. Chantal Terrien, from the Department of Canadian Heritage, as well as Mr. Warren Newman, from the Department of Justice and Mr. Carsten Quell, from the Treasury Board Secretariat.

We are today resuming our clause-by-clause study of Bill C-13. We had begun debate on amendment CPC-15. At the end of the last meeting I noted that Mr. Beaulieu and Mr. Serré had asked to speak.

Mr. Beaulieu, you have the floor. Do you have anything to add?

[Alain Therrien, Bloc, La Prairie, QC]

Mr. Speaker, she needs to convince her crew of that. In the same column, it was suggested that anglophone MPs from Quebec who are opposed to the Charter of the French Language might go so far as to quit the Liberal Party rather than vote for Bill C‑13. To hear them talk, life as an anglophone Quebecker in Montreal is really tough. They make Westmount and Mount Royal sound like the gulag.

There are francophone and Acadian minority communities that are desperately waiting for Bill C‑13, but the Liberals might let it die in order to appease the West Island. Who is going to put these members in their place?

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

Mr. Speaker, it is quite the opposite. We look forward to seeing Bill C-13 passed, as do stakeholders across the country. That is why we have introduced an ambitious bill that that will make a real difference in the lives of Canadians. We are the first government to recognize the decline of French across the country, including in Quebec. I look forward to the passage of this bill. As I said, it is a bill that will make a real difference for all Canadians.

[Alain Therrien, Bloc, La Prairie, QC]

Mr. Speaker, according to what Chantal Hébert stated this morning, the anglophone Quebec wing of the Liberal government would rather see Parliament prorogued than pass Bill C‑13 as amended by the opposition, because, horror of horrors, it would recognize the Charter of the French Language. All House business would have to stop because a few West Island MPs do not want to protect the French language. Those members do not want to protect French on the West Island, in Quebec, in Acadia, or in the rest of Canada.

Can the Prime Minister assure us that Bill C‑13 will not end up in the circular file?

[Alain Rayes, Independent, Richmond—Arthabaska, QC]

Madam Speaker, after denying the decline of French in Canada, the Liberal member for Saint-Laurent doubled down by making misleading and unacceptable comments about Bill C-13 at the Standing Committee on Official Languages.

She is going against her own minister for the sole purpose of derailing this long-awaited bill that will better protect the French language across the country. Out of respect for all francophones, will the Prime Minister or the minister show some leadership and ask the member for Saint-Laurent to withdraw her remarks and provide an official apology in the House?

[Anthony Housefather, Liberal, Mount Royal, QC]

Thank you, Mr. Chair.

I had just a couple of questions for the officials, if it's okay.

My understanding is, again, that this is an asymmetrical treatment that is not the original purpose of Bill C-13, but I wanted to understand the effects.

Can you confirm that this change will not add any new French services in Quebec but could indeed cause English services in Quebec to be reduced, and that nobody would know what the court's interpretation of this clause would actually mean?

[Carsten Quell]

The government has committed to promoting and protecting French. There is a consensus in Bill C-13 on this point. We are talking about federal services here. We are not talking about provincial services. As I said, this is about post offices and Service Canada centres, for example.

In those cases, in Quebec, all federal services are already offered in French. All federal offices in Quebec offer service in French automatically. Here, the issue is how to guarantee comparable treatment for the anglophone minority in Quebec. There are certain rules associated with that.

In the current act, the two communities are treated the same way. When a federal office is located near a minority language school, it has to offer service in that language. Whether in Quebec or outside Quebec, the service is offered in both languages when there is a minority community.

That is the basis of the treatment. That being said, we have to remember that the federal government offers all its services in French within Quebec at all times. Offering services in English as well is an another plus.