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 .

An Act for the Substantive Equality of Canada's Official Languages

[Denis Trudel, Bloc, Longueuil—Saint-Hubert, QC]

Madam Speaker, I think that no one is in a better position than Quebeckers are to understand people who are fighting for their language and their culture. We Quebeckers know all about it. That is what we have been doing for 200 years: fighting for the survival of the language and culture. No one is in a better position than we are to recognize the importance of saving one's language and culture.

I completely agree with my colleague from Nunavut that it makes no sense that it took 102 years before there was an Official Languages Act, and 152 years for legislation protecting indigenous languages. It is high time that we have a major discussion on everything to do with truth and reconciliation in Canada, but that has yet to start.

[Yves Perron, Bloc, Berthier—Maskinongé, QC]

Madam Speaker, I would like to thank my colleague from Longueuil—Saint-Hubert for his passionate plea, from the bottom of his heart, in favour of our magnificent language.

The previous question was about whether the Bloc was aware of the existence of francophone minorities in Canada. Yes, we are aware, but I would like to give my colleague the opportunity to explain to our colleagues across the way how easy it would be to specify either that Bill C‑13 does not promote bilingualism in Quebec, or that it applies in Quebec on condition that it does not contravene Quebec's Charter of the French Language, Bill 101. That would solve the problem.

[Denis Trudel, Bloc, Longueuil—Saint-Hubert, QC]

Madam Speaker, that is what this debate is all about.

What we want is for Bill 101 to apply to federally regulated businesses, as we asked for in our bill. It would be so much simpler. Even the minister responsible for Canadian relations and the Canadian Francophonie, Sonia LeBel, has said so. When the bill was introduced in February, she said, “When it comes to Quebec, hands off.”

In Quebec, we want to legislate on language ourselves. We have Bill 96, a strong piece of legislation that will soon be amended. We will see whether that is enough. This is our home, and we will take care of it. We can do it. The less the federal government gets involved, the better it will be for French in Quebec.

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Madam Speaker, I have a simple comment. I would like to thank the member for Longueuil—Saint‑Hubert for the bécosses story, because I have a “back-house” at home.

[Denis Trudel, Bloc, Longueuil—Saint-Hubert, QC]

Madam Speaker, I am sorry, but I did not understand the question. Do I need to repeat the story behind bécosses?

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Liberal, Alexandra Mendes]

The hon. member for Bruce—Grey—Owen Sound was just thanking the hon. member for Longueuil—Saint‑Hubert.

The hon. member for Sherwood Park—Fort Saskatchewan.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, one of the things that I note in the bill is the section on francophone immigration. It talks about the minister creating a policy on francophone immigration, but without really any specifics.

We have had a target on francophone immigration that we failed to meet, and part of the problem is there have been very high refusal rates, particularly for applicants from francophone Africa. I believe there is an opportunity for Canada to strengthen our engagement with Africa, yet we are failing that opportunity because of big backlogs, high refusal rates and really a lack of engagement through the immigration system.

I wonder if the member has a comment specifically on how we can strengthen our francophone presence in Canada through better engagement with francophone Africa.

[Denis Trudel, Bloc, Longueuil—Saint-Hubert, QC]

Madam Speaker, my colleague is absolutely right, and I agree.

There is a pool of people there. For unknown reasons—well, it depends on one's perspective—the federal government is not promoting francophone immigration to Quebec. This is a big problem. There is a huge backlog of applications from francophone immigrants from Africa who want to come to Quebec. We could not ask for better. Of course it helps the cause of French in Quebec if we make sure that the people arriving here already speak French. In fact, in the bill that we introduced, whose number I forget, we asked for Quebec to have sole authority over immigration so that newcomers would learn French as quickly as possible.

[Brendan Hanley, Liberal, Yukon, YT]

Madam Speaker, I will be sharing my time with the member for Berthier—Maskinongé.

As the resident of a rather remote area, I think it is important to talk about the situation in Yukon.

Yukon has a population of 40,000. Fourteen percent speak French and English and about 5%, or 1,600 people, speak French as their first language. Yukon has Canada's third-largest per capita population of francophones. It is a dynamic, spirited, and engaged community that has made a lot of progress in the past decades.

The francophone renaissance in Yukon started in the 1970s after the passage of the Official Languages Act. Strengthened by the federal government's engagement, Yukon's francophone community has grown in every way ever since.

Culturally speaking, Yukon's francophone community is strong. It has an influence on all of Yukon's communities. The progress continues. In fact, Yukon will soon be opening a bilingual health centre. Recently, we learned that a third French-language school will open in Dawson City for the next school year. Dawson City is located in northern Yukon. It is a small city with a big spirit and a great history.

The number of students in French immersion classes in Yukon has skyrocketed. Now, you can hear people speaking French all over Yukon.

As a francophile, I am proud to see the progress made since the implementation of Canada's Official Languages Act.

Personally, I pretty much grew up with the advancement of French as an official language in Canada. In the 1970s, I found the idea of a bilingual Canada inspiring. I was inspired by none other than Pierre Elliott Trudeau to try to bring the two solitudes together through a better mutual understanding and through the use of the other language.

I went into a French immersion program in Alberta. I travelled. I studied in France. Later on, I lived in Montreal for a few months. I lived and worked in a francophone environment abroad. I did my best to improve my French through the years. Obviously, it is far from perfect, but the basics are there. It is enough to allow me to participate, at least to some extent, in the francophone community, a community that is very open to francophiles.

Now, my wife speaks French as a second language. Both of my children, who grew up in Yukon, went to French institutions for the majority of their preschool and school years and are perfectly bilingual.

Yukon has such a strong francophone population that it attracts people from Canada, Acadia, Quebec, France and other francophone countries who are looking for a life of adventure in a northern community while keeping their ability to speak French.

With Bill C‑13, we can go even further by supporting our official language minority communities and contribute to the richness of everyone's life.

When I was campaigning as a first-time candidate, I learned about the former Bill C‑32 and about how important it was to the francophone community that the bill be improved. The need for swifter, stronger action to amend the Official Languages Act was one of the key measures I had in mind when I arrived as a new member of Parliament.

I am therefore pleased to talk about the successful and hard work of the Minister of Official Languages, the Parliamentary Secretary to the Minister of Official Languages and their team, as well as the consultations and analyses that went into the development of Bill C‑13.

This bill is important for all Canadians, including those who live far from the centre and those of us who live in the north. A strong Official Languages Act is important for all languages, including indigenous languages. I know that people in Yukon are familiar with this cross-fertilization, with the active preservation and promotion of language rights, whether they be for official languages or indigenous languages. They each help the other.

It is in this context that I speak not only of the significant progress we have made with Bill C‑13, but also of the improvements that give this new bill more teeth. I am talking about positive measures, a central agency and a scope that will benefit us all.

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

Madam Speaker, I congratulate my friend for his excellent French. In Yukon, if I am not mistaken, francophones represent about 2% of the population.

There is something mind-boggling in the Official Languages Act, namely the “where the numbers warrant” principle, which is even found in section 23 of the Constitution. It was improved somewhat with the concept of “linguistic vitality”. Under this principle, if there are fewer francophones in Yukon, because of migratory factors for instance, the federal government will reduce services in French.

Usually, laws are there to support something. For example, when employment goes down, the unemployment rate goes up. The government then brings in measures to support employment. In contrast, with the Official Languages Act, when French declines and has less vitality, support for French is reduced.

What does my colleague think about that?

[Brendan Hanley, Liberal, Yukon, YT]

Madam Speaker, I thank my colleague for his interesting question.

I will add that with a strong core, it becomes a positive measure that draws more and more interest from immigrants and people who are on the move.

The growth of the community has always been supported by the federal government, who acted as a catalyst. There is a positive return that makes the francophone community stronger.

[Lisa Marie Barron, NDP, Nanaimo—Ladysmith, BC]

Madam Speaker, I want to thank my colleague. I am very pleased to sit with him on the Standing Committee on Fisheries and Oceans.

In Nanaimo-Ladysmith, it is very important to francophone Canadians that francophone language, traditions and culture is flourishing.

Under Bill C‑13, the Department of Canadian Heritage retains a role in coordinating and implementing the Act, even though it has no authority over other federal institutions. Why not make the Treasury Board the one and only central agency responsible for implementing it?

[Brendan Hanley, Liberal, Yukon, YT]

Madam Speaker, I thank my colleague and commend her on her French. We work together on the Standing Committee on Fisheries and Oceans.

In answer to her question, I would say that our government recognizes that we can always do more to protect the official language rights of all Canadians. We are also strengthening the powers of the Commissioner of Official Languages to ensure that he has the tools he needs to enforce the act. That is why we are centralizing the coordination of the act under a single department, which will have access to the resources of a central agency.

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

Madam Speaker, I would also like to take a moment to thank my colleague from Yukon for his outstanding work. As a member of the official languages caucus, I always enjoy his speeches. I sincerely thank him.

As an Acadian who lives in an official language minority community in New Brunswick, if I was able to attend elementary and secondary school in French and go to the Université de Moncton, it is due in part to the Official Languages Act.

I am wondering if the member for Yukon could talk a little more about the importance of implementing this bill. What will that change for Yukon's francophone community?

[Brendan Hanley, Liberal, Yukon, YT]

Madam Speaker, I thank the minister for her question, her support and her encouragement.

As we have seen, for the past 40 years, the francophone community has been growing, and every bit of federal support enhances the vitality of the francophone community. The ripple effect of this support for first-language education lasts for generations; it attracts more people and that gives—