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 .

[Ginette Petitpas Taylor, Liberal, Minister of Official Languages]

Thank you, Ms. Kayabaga.

Those of you who know me, or who recognize my accent, know that I'm an Acadian from New Brunswick. I live in an official language minority community.

I have had the good fortune to live, work and study in French partly as a result of the Official Languages Act. Consequently, it is an important act for me, and I think it has genuinely improved the lives of many of us.

In the past year, I have had the privilege of meeting my counterparts from across the country. In June, for the first time, I attended a meeting of the federal government, the provinces and the territories where we had an opportunity to discuss challenges and priorities. I must say we're eager to continue working closely together with the provinces and territories.

I would like to remind everyone that the work involved in implementing Bill C-13 began four years ago. The earlier Bill C-32 and the present Bill C-13 share the same reform objective: to ensure that the new version of the bill enables us to move forward and to give it more teeth. We were able to introduce a good bill thanks to the conversations we had with our counterparts.

As the new Minister of Official Languages, I was fortunate to meet with stakeholders from across the country last year. I was thus able to get to know them, to forge ties and to learn what they wanted to see in the bill. Bill C-32 definitely contained some good elements, but stakeholders also told us they wanted improvements made to it. That's precisely what we've done with Bill C-13.

[Arielle Kayabaga, Liberal, London West, ON]

Thank you, Mr. Chair.

Good morning, ministers.

I beg your pardon, Mr. Rodriguez. I won't be able to question you because I'm going to speak to Ms. Petitpas Taylor, who is responsible for official languages. I'm sorry this meeting has gotten off to a bad start because we're very eager to speak to the minister who's responsible for the francophonie in Canada. The decline of French is a problem that everyone has raised, particularly the official language minority communities.

Ms. Petitpas Taylor, it has taken many years to get where we are today with Bill C-13. Would you please tell us about that? Also, what kind of relations do you have with our provincial counterparts, who will ensure the advance of the francophonie, which is in decline, particularly in my community of London West?

We're eager for it to advance, Minister.

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

You're actually shirking your responsibilities, Mr. Rodriguez. Canadian Heritage is the department mentioned in Bill C-13.

By order, your department transferred authority to be its representative to the Minister of Official Languages, but that isn't the responsibility of the Department of Official Languages. There is no Department of Official Languages. Canadian Heritage is responsible for official languages.

With all due respect, what I mean is that neither you nor the Minister of Official Languages has control. So why not agree to transfer all powers to the Treasury Board?

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

Thank you, Mr. Chair.

Mr. Rodriguez, we do indeed have the same objective, which is to acquire the means to protect bilingualism in Canada. By bilingualism, I mean English and French. It is important to note the two languages that are involved in our bilingualism because certain actions that your government has taken are questionable, particularly the appointment of a Governor General who is bilingual but doesn't speak French.

Mr. Rodriguez, you said in your statement that you had conducted consultations and that the purpose of Bill C-13 is to improve French. I don't know whether you consulted the Fédération des communautés francophones et acadienne, but it requests that Bill C-13 centralize powers in the Treasury Board. I'd like to hear your comments on that subject.

[Pablo Rodriguez, Liberal, Honoré-Mercier, QC]

Thank you very much, Mr. Chair.

Good morning, members of the committee. Thank you for your invitation.

The bill that you are considering today is both a priority of our government and, in my humble opinion, essential to the future of French across Canada, including in Quebec.

Right off the top, I want to state something that you already know: that my colleague is responsible for official languages. I play no role in developing or coordinating the Official Languages Act.

However, as the lieutenant for Quebec and Quebeckers, I consider this bill particularly important both professionally and personally. I am an immigrant, and I spoke neither English nor French when I arrived here, only Spanish. As I learned each of our two languages, I gradually discovered Canada's cultural richness and what we were as a nation.

First of all, French made me love our songs, our films and our culture, and, thanks to French, I developed my sense of belonging to Quebec and Canada. However, like many francophones, I am concerned about the future of my language. The government acknowledges this concern and understands that it must take strong action to support the vitality of French. Bill C-13, which was introduced by my colleague, is definitely a tool to that end, and one of its principles is based on the fact that the French language is threatened across the country, including in Quebec.

There are 8 million of us francophones in a sea of 360 million anglophones in North America. French is vulnerable. French is in the minority in our country and across our continent. Let me be clear: inaction is not an option and the status quo is not a plan.

We now recognize, for the first time, that English and French cannot be considered as requiring equal protection. Their situations are not the same. Our government definitely intends to shoulder all its responsibilities in this regard in a manner consistent with federal and provincial jurisdictions.

I believe we must all recognize that Bill C-13 represents a major step forward for francophone communities across the country. Let me be clear: as we do more to protect the French language, we will continue protecting the rights of linguistic minorities, including English-speaking Quebeckers. A Quebecker is a Quebecker.

The proposals made in Bill C-13 are not something we pulled out of a hat; we didn't just make them up. The opposite is actually true. Based on the consultations conducted across the country, the government introduced a comprehensive bill that proposes specific solutions on many fronts. It is a major step forward.

For example, with regard to federally regulated private businesses, we would acknowledge and frame the right of consumers to be served in French and the right of workers to work in French both the Quebec and in communities with a strong francophone presence. It is critical that we be able to do so. The government would also have a duty to introduce a policy on francophone immigration. My colleague has high hopes for that and will have all the necessary tools to do so and to achieve those objectives. The bill would also confer new powers and more authority on the Commissioner of Official Languages, who would then be able to make orders in non-compliance cases. Those are only a few examples.

In closing, I would say that the future of French is everyone's responsibility. It's a responsibility that we share with our provincial counterparts and, in particular, with the Quebec government. We do not always agree on the means, but we definitely have the same objective.

We will therefore continue listening to the provinces, but we will also act. We definitely will not shirk our responsibilities. Bill C-13 contains significant measures that would apply to the country as a whole and that are consistent with federal and provincial jurisdictions.

Colleagues, I ask that we all work together to advance this important bill, which is of considerable significance to Quebec and all of Canada. Francophones across the country and Canadians as a whole eagerly await this reform.

Thank you, and I will be glad to answer committee members' questions.

[The Chair, Liberal, René Arseneault]

I call the meeting to order.

Welcome to meeting number 44 of the House of Commons Standing Committee on Official Languages.

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.

Pursuant to our routine motion, I wish to inform the committee that all witnesses completed the required login tests prior to the meeting.

I would now like to welcome our witnesses, Pablo Rodriguez and Ginette Petitpas Taylor. Thank you for being with us. We've known the people accompanying you for many years and we see them from time to time. Welcome, everyone.

The witnesses will have five minutes each for their opening statements, and a period of questions will follow. I would like to emphasize for newcomers that I am very strict about speaking time so that committee members can ask more than one question.

Ms. Petitpas Taylor, who is the Minister of Official Languages, will be first to speak.

Official Languages

[Mona Fortier, Liberal, President of the Treasury Board]

Mr. Speaker, I thank my colleague for his question and especially for his hard work. We are firmly committed to promoting both of our official languages. With Bill C-13, Treasury Board will play an enhanced role in monitoring and evaluation. For the first time, that will include monitoring federal institutions to ensure that they meet their obligation to take positive measures, including in areas where they work with their provincial and territorial counterparts. We need to move forward with Bill C-13 to strengthen official language minority communities, among others.

[Patrick Weiler, Liberal, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Mr. Speaker, our government recognizes that French is in decline in Canada, as the census showed. That is why it is important to pass our ambitious bill.

Could the President of the Treasury Board explain to us how Bill C-13 will improve French in the federal government?

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

Madam Treasury Board President, this means that you would be open to amending Bill C‑13 to enshrine it in the act, so that we can't play—

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

Thank you, Minister.

Until last May, Treasury Board had a directive that provided that when a federal institution disposed of surplus real property, it had to consider the interests of the communities, including official language minority communities, and of the other levels of government. It also had to prepare a balanced disposal strategy for real property, supported by an exhaustive evaluation of the interests of the federal government and other stakeholders, including the interests of official language minority communities.

That directive was repealed and replaced by the Directive on the Management of Real Property, which provides only that federal institutions must inform official language minority communities of the intent to dispose of real property.

Minister, this means that the rights of francophone and Acadian communities have been significantly weakened by the government.

Are you going to correct this and support an amendment to Bill C-13 that will guarantee that federal institutions are actually required to take the interests of francophone and Acadian communities into account when they dispose of surplus real property?

[Mona Fortier]

I am going to support the idea of passing Bill C-13.

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

Thank you, Mr. Chair.

Minister, I simply wanted to verify something with you.

Do you support the idea that we propose amendments to make it so that Bill C-13 gives the president of the Treasury Board more powers?

I would like you to give me a quick answer, please.

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

We don't have a lot of time.

Quebec has asked that it be recognized that of the two official languages, only one is in a minority situation and is threatened: French. You are telling us that this request is denied in Bill C-13 and that you believe English is the minority language in Quebec. So all federal support measures will be devoted to English.

[Mona Fortier]

We have to continue supporting official language minority communities and anglophone communities, and that is what we are going to do through Bill C-13.

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

Thank you, Mr. Chair.

I am going to continue along the same line as Ms. Lattanzio.

Since the Official Languages Act came into force, what are referred to as "positive" measures in Quebec operate almost entirely to strengthen the anglophone community.

Will Bill C-13 change anything about that?