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 .

[Marc Serré, Liberal, Nickel Belt, ON]

Thank you, Mr. Chair.

Minister, thank you for your hard work across the country.

During the consultations, we clearly heard the concerns of francophones across Canada regarding protection of the French language in most provinces. They told us they wanted language clauses. They view us as saviours of the francophonie across Canada because the provinces don't always play their role.

I'm going to give you a chance to tell us about your discussions with the provinces so we can see how we can fuel the discussion, support the provinces and work together to ensure that Bill C-13 is implemented across the country and that we can work with the provinces.

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Once again, and I want to emphasize this with regard to positive measures, Bill C-13 goes further than Bill C-32. In addition, non-governmental organizations, as you cited as an example, are mentioned in the new version of the act. That's new. We want to ensure that this bill is passed because we want to continue doing the necessary work.

We still have a lot of work ahead of us to develop the regulations and so on. We are all eager to continue that very important work.

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

With respect to your question, I have certainly had the opportunity through the consultations we've had in Quebec, but more than that, I took the opportunity to meet with many anglophones in Quebec to understand exactly the state of affairs and how they are feeling with respect to Bill 96, Bill C-13 and the rest of it.

I recognize there's anxiety among anglophones in Quebec right now because they don't know exactly what is going to happen with respect to 96 now that it is law. People are indicating that they're paying close attention, especially with respect to their rights to justice and also their rights to access health services.

I see René here is giving me a sign. I'm sorry, Patricia.

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

Thank you.

With regard to the federally regulated businesses, let's delve a bit more into that. We've heard about the different jurisdictions and the concerns about which laws apply. Since 1996, federally regulated companies have had the option of following Quebec's linguistic regime rather than the federal rules.

Does anything change in this regard with Bill C-13? Do federally regulated companies still have a choice of opting for the Official Languages Act or the provincial regime in Quebec, and if so, do you see an issue with this?

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

First of all, thank you, Madam Lattanzio, for your question and your work on this committee.

I've had the opportunity and privilege of doing cross-country consultations for the official language action plan that's coming up, but during that course, as I was meeting with minority communities, they also spoke to me a lot about Bill C-13 because we haven't yet seen the its adoption.

I am very sympathetic and aware of the challenges that many anglophones in Quebec are facing right now with respect to the different regimes that have been made law.

When it comes to the safeguards, I think I want to focus again on the comments made by Justice Bastarache when he appeared at the Senate committee. The former Supreme Court justice indicated that Bill C-13 would in no way take any rights away from anglophones in Quebec.

We are a bilingual country. We want to make sure that we will continue to protect and promote our official languages, and also to make sure that we protect and promote their rights. When it comes to the anglophones in Quebec, we certainly recognize that their rights must be protected, and the federal government will be there.

[Patricia Lattanzio, Liberal, Saint-Léonard—Saint-Michel, QC]

Thank you, Mr. Chair.

Welcome, Minister Petitpas Taylor, among us this morning. Thank you for taking the time.

My questions, the first ones at least, are going to be centred around the English-speaking minority community in Quebec.

This community has expressed clearly that Bill C-13 must safeguard their minority language rights. This has become even more important, as you know, since the enactment of Bill 96 in Quebec last June. Therefore, they're requesting that Bill C-13 not harm them. I'd like to have your comments and thoughts on that.

[Brad Vis, Conservative, Mission—Matsqui—Fraser Canyon, BC]

All right. Thank you.

I'm going to ask my second question in English.

The Minister of Justice has mentioned that he had very big concerns about Bill 96 in Quebec, and spoke at length about his criticisms of the language laws in the Province of Quebec. The Prime Minister recently stated that he is against the use of the notwithstanding clause in an arbitrary manner, yet part 2 of Bill C-13 possibly subjects workers and businesses to making a choice to choose a law that has arbitrarily, in the words of the justice minister, used the notwithstanding clause.

How can you assure Canadians that they will not be subject to a law that is contrary to the Canadian Charter of Rights and Freedoms when it's embedded in this bill right now? Do we need to amend part 2 of Bill C-13, to make sure that it's charter compliant?

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

I'd like to begin by asking the questions that I put to the Minister of Canadian Heritage. He told me that you, Minister, would be in a better position to answer them.

This concerns the coordination that the Department of Canadian Heritage is seeking to preserve in the provisions of Bill C-13.

Why is the Department of Canadian Heritage unable to get your colleagues and the departments concerned to comply with its decisions when it directs other departments to perform their official language obligations?

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

With respect to access to justice, we must ensure that the judges who sit on Canada's highest court are able to hear cases without the aid of interpretation. This is a fundamental right.

We also want to make sure this right is embedded in Bill C-13. All the judges we've appointed to the Supreme Court of Canada since coming to power are bilingual.

Canada is a bilingual country, and we must ensure that Supreme Court judges are bilingual and that they can do their work without the aid of interpretation.

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

I'd like to say something about the court challenges program, since it's also related to Bill C-13. I personally benefited from that program because my child was born in a hospital that had applied to it. As a result, we were able to be served in French without applying to it ourselves.

The program hasn't always been around; we're the ones who brought it back. It's important that official language minority communities have access to this kind of program. I want to emphasize that because, without it, I would never have been served in French. Montfort Hospital would not still be in existence without the efforts of Gisèle Lalonde, whom I thank.

We've often discussed the issue of bilingual judges, one of whom our government has appointed.

Why do you think it's important for Bill C-13 to help resolve the bilingualism of judges issue?

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

We waited for the Gascon judgment before we introduced Bill C-13 because we wanted to be sure that our bill would be aligned with it. We received it, and that's exactly what we did.

Once the bill is passed, we will make regulations to clarify what those positive measures will be. Like you, I'm eager to continue the work that remains to be done and to clarify that definition.

Another element that we'll have to clarify is the meaning of "a strong francophone presence" outside Quebec. We'll have to conduct another consultation in order to frame and specify what that means.

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

We've attached importance to the positive measures that the Canadian government as a whole can take to support our official language minority communities.

We've made another change to the Official Languages Act by replacing "positive measures" with "the positive measures". I would never have thought we'd be discussing the grammatical topic of articles, or the lack thereof. Judges have obviously explained the difference and the reason why it's important. You really have defined the positive measures in the new Bill C-13.

What will happen to the definition of those positive measures once Bill C-13 is passed?

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Thank you very much.

Once again, the amendments made to part VII of the act under Bill C-13 will require the Treasury Board to assume its responsibilities, and that really represents a significant addition.

As I'm trying to explain to my colleague, we have really clarified the Treasury Board's role to ensure it takes on additional responsibilities by playing a monitoring, audit and evaluation role.

My department and the Department of Canadian Heritage will ensure that Bill C-13 is implemented. As I said, the Treasury Board office is located in Ottawa and doesn't know the stakeholders across the country. The Department of Canadian Heritage has offices everywhere. We regularly work with our stakeholders.

I'll give you an example. When we conducted Canada-wide consultations for the next action plan, we did it together with the Department of Canadian Heritage. We heard from 6,500 Canadians across the country.

Once again, if the Department of Canadian Heritage and the Treasury Board do their jobs, we'll be able to promote our two beautiful official languages effectively.

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

Thank you, Minister. We've heard that on numerous occasions. Thank you very much.

I want to know if it's you who withdrew the full power granted to the Treasury Board, which was recommended in Ms. Joly's white paper and as provided in Bill C-32.

Did you withdraw that power under Bill C-13?

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

With all due respect, Minister, your comparison doesn't apply. To my mind, the Treasury Board is the general manager, and everything that happens on the ice is directly related to it.

What I understand from your remarks is that you're open to amendments, but not to the entire bill. That's the problem. The status quo won't protect the French language, and that's unfortunately what Bill C-13 proposes.

You said you were the Minister of Official Languages. Can you tell us how that works in cabinet? What aspects of Bill C-13 have you had accepted around the cabinet table? Can you show us the stamp you've put on this bill? When I read the bill, I see that the Minister of Official Languages has no power. The only reason your title appears there, Minister, is that you sponsored the bill.

How can the bill be implemented if the Minister of Official Languages, the Minister of Canadian Heritage and the President of the Treasury Board share authority for its implementation and there are grey areas? When it comes to implementing the act, we'll fall through the cracks and the French language will pay the price.

What powers do you have at the cabinet table? What did you add to the bill? What stamp has the Minister of Official Languages put on Bill C-13?