Ginette Petitpas Taylor Liberal
This bill has received Royal Assent and is, or will soon become, law.
This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.
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 .
All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.
Mario Beaulieu Bloc La Pointe-de-l'Île, QC
From what I have seen in the white book and in Bill C‑13, the government appears to be committed to increasing funding to French immersion schools, but there is not the same commitment to French-language schools.
Based on what various stakeholders have said, while immersion schools are not a negative thing, francophone parents feel they contribute a great deal to assimilation.
Shouldn't there be commitments to increase funding for French-language schools?
Mario Beaulieu Bloc La Pointe-de-l'Île, QC
Thank you, Mr. Chair.
Thank you to the witnesses who have come to help us improve Bill C‑13.
My first question is for the representatives of the Commission nationale des parents francophones.
I read the study entitled “Où sont passés les milliards $”, published in 1996. It provides a review of the official languages in education program. It notes that the program was initially intended to provide some redress after the long-standing prohibition of French schools. The French-language education system outside Quebec was very poor at that time.
One of the study's conclusions regarding the funding provided from 1970 to 1988 is that just 28.5% of the funding went to francophones outside Quebec for education in their first language. The anglophones of Quebec, on the other hand, which already had an over-funded system, received 47.7% of the funding for their schools. For second language education, it was 14.3% outside Quebec and 9.5% in Quebec. The study said that this really hurt francophones, who assimilated quickly and did not receive enough funding, since most of it went to the anglophones of Quebec.
Can you elaborate on that?
Jean-Luc Racine Executive Director, Commission nationale des parents francophones
Let me just point out that the 2018‑2023 action plan for official languages will soon expire, meaning that all the funding for francophone organizations will cease, unless we implement a new official languages action plan by then.
We would like that new action plan to draw heavily on Bill C‑13. The more quickly that bill is passed, the greater its impact on the action plan. Moreover, the new act will legitimize the action plan.
Marc Serré Liberal Nickel Belt, ON
Thank you, Mr. Chair.
Thank you to the witnesses for their presentations.
I would like to look further into the question you were asked earlier, Mr. Gooch.
In your presentation, you said there is a labour shortage in many areas. You said that in some remote regions, you were unable to offer services in French.
We are studying Bill C‑13, which seeks to give the Official Languages Act greater force and to fight the decline of French. You didn't really answer the question you were asked earlier. You are required to offer services in French, so why do you not do that now?
Gillian Anderson President, Commission nationale des parents francophones
Mr. Chair, members of the committee, I am delighted to appear before you today, on behalf of the Commission nationale des parents francophones, to discuss Bill C‑13.
We are very glad that the new Official Languages Act will finally be passed soon. The reform of the Official Languages Act is of the utmost importance to francophone minority communities.
We are also very glad to see that Bill C‑13 recognizes the importance of the education continuum and that early childhood programming will finally be seen as an integral part of learning in minority language communities.
From the outset, I want to make clear that we fully support the five amendments the Fédération des communautés francophones et acadienne, or FCFA, proposed to ensure that the bill lives up to the expectations of all Canadians.
I want to take this opportunity to draw your attention to one of the FCFA's proposed amendments, one that would make a significant difference to the development of our communities. I am referring to the addition of strong, robust language clauses to the funding transfer agreements with the provinces and territories. I want to underscore the importance of those language clauses, but above all, I want you to know how critical it is that those language clauses go hand in hand with clear and firm commitments.
Here's why.
As you know, the federal government signed the first early learning and child care agreements with all the provinces and territories in 2017. Those agreements contained language clauses, but the clauses were very vague and ill-defined, resulting in significant differences from one province to another.
For instance, Manitoba, in its action plan to implement the bilateral agreement, committed to allocating 14.5% of child care spaces in the province to the francophone community. As of now, Manitoba's French-speaking community can say with certainty that it received the funding and that the government kept its promise to provide the number of spaces it said it would.
Conversely, even though every bilateral agreement contained a clause requiring the provincial or territorial government to address the needs of francophones in minority communities, the members of those communities received absolutely nothing when the province or territory failed to firmly commit to implementing the language clause. That was the case in British Columbia, Alberta and the Northwest Territories.
Worse still, between 2017 and 2021, British Columbia's francophones were never consulted. No one from the ministry responsible for early learning ever met with the francophone community to find out what its needs were.
In 2021, the federal government signed a second round of new agreements on early learning and child care with the provincial and territorial governments. This time, the language clauses were a bit more defined. Still missing, however, are firm commitments from the provinces and territories as well as specific targets. That lack of commitment worries us.
Here are two examples to illustrate just how worried we are.
First, the Government of Nova Scotia announced in 2021 that it wanted to use the federal funding to merge the administration of all of the province's francophone and anglophone child care services, giving the responsibility to a single agency. That agency is already in place and it operates exclusively in English. Rejecting the administration of their child care services by an English-language authority, francophones rallied successfully to make the government reverse course, at least for the time being. Decisions are still coming, so we remain concerned.
Second, the Government of Ontario recently announced that it would fund child care services as long as workers earned less than $19 an hour. As a result, francophones will not receive any funding under the program, given that French-language child care centres have worked hard in recent years to retain French-speaking educators, who all earn slightly above $19 an hour. That means that funding will benefit anglophone child care centres, most of which operate for profit, not francophone centres.
Lastly, I want to leave you with this important message. Bill C‑13 must be passed as quickly as possible. In the months ahead, the government will release its official languages action plan, and that plan needs to be supported by a new Official Languages Act, one that has been passed by the House of Commons and the Senate.
Thank you.
Daniel-Robert Gooch President and Chief Executive Officer, Association of Canadian Port Authorities
Thank you, Mr. Chair.
Members of the committee, thank you for the opportunity to meet with you today on Bill C‑13.
I am Daniel-Robert Gooch, president of the Association of Canadian Port Authorities. We represent the 17 Canadian port authorities that move most of Canada’s international cargo and operate at arms-length from the government to manage federal port lands.
Canada's port authorities support the protection of Canada's official languages and are diligent about meeting their obligations under the OLA. However, there are some concerns with how official language issues are already handled today under current legislation.
As Canada's port authorities are charged with operating federal port assets at arm's length from government, they are expected to operate self-sufficiently and independently from each other. While all port authorities work to promote and enable Canada's trade, this is done primarily at a localized level within each port authority's regional jurisdiction, as set out in its letters patent. Their resource levels vary significantly, with some having only a handful of staff. They also operate in many parts of the country where finding staff with minority language capabilities can be quite challenging.
The concerns we have with BillC-13 are directly related to these factors for which the one-size-fits-all approach on perceived official language requirements under the Canada Marine Act today raise concerns about Bill C-13.
OLA compliance is more burdensome for port authorities than for other federal institutions that are larger and national in scope, a matter thatC-13 would exacerbate.
The tension that port authorities are already facing to increase transparency and to work toward better alignment with local communities through greater local communication will be increasingly in conflict with the risk of failure to comply with OLA requirements and increased exposure to vexatious complaints.
While some official language complaints are well founded and require corrective action, our members have, in recent years, faced increasing complaints that are vexatious in nature and do not, in our view, protect or assist with the values that the OLA stands for.
For example, our ports strive to consult extensively with the community on major developments with the potential to impact the community, such as infrastructure and construction projects.
It has been a shared goal of Canada's port authorities and the Government of Canada to build on our port efforts to be more consultative and collaborative with users and the communities they serve. Our members have made major efforts to improve on this over the years since the CPAs were established. It's a trend we understand transport Minister Alghabra would like to see continue, and increased consultation may be mandated in amendments to the Canada Marine Act that we expect to come forward soon, but the official languages commissioner's interpretation on port OLA obligations, combined with these proposed changes to the act, threaten to blow these efforts significantly off course.
Our member ports are regularly diverted by complaints from out-of-province individuals who have developed a niche business reviewing port websites to find highly local consultation documents provided only in the language of the community. Even though these initiatives are entirely local in scope, complainants are earning thousands of dollars simply by searching for these materials online from the comfort of their home, thousands of kilometres away.
Surely this is not the intent of the Official Languages Act, nor is it consistent with the intent of the federal government when it established port authorities more than 20 years ago. These complaints are not coming from port users or local residents, yet they continue to be advanced and investigated by the official languages commissioner without regard to the nature, accuracy or veracity of the complaint.
Our members must respond to these investigations, which divert staff and financial resources that would be otherwise dedicated to communication and collaboration with users and stakeholders who are actually in the community.
Given this is the situation today, port authorities are concerned that the expanded powers of the OLC, including administrative monetary penalties proposed in Bill C-13, would exacerbate the situation. Canada's port authorities do not enjoy the limitless resources of the federal government with which they must compete for bilingual employees. In many regions of the country, it is difficult for our members to recruit bilingual employees. These practical differences in operations and local distinctions should not expose port authorities to unreasonable penalties.
Additionally, unlike airport authorities, which share many characteristics with our members, port authorities are subject to part VII of the OLA, which outlines the government's goals of not just protecting but enhancing minority language rights and fostering the full recognition of both languages. While these goals are laudable, it is hard to reconcile them with the mandate of Canada's port authorities to operate port assets at arm's length of government in a way—
The Chair Liberal René Arseneault
I call the meeting to order.
Welcome to meeting number 36 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.
Today's meeting is taking place in a hybrid format, pursuant to the House order of Thursday, June 23, 2022. Members are attending in person in the room and remotely using the Zoom application.
To ensure an orderly meeting, I would like to outline a few rules for members and witnesses.
Before speaking, please wait until I recognize you by name. If you are on the video conference, please click on the microphone icon to unmute yourself. When you are not speaking, your mike should be on mute.
If you are participating via Zoom, you can access interpretation services at the bottom of your screen by choosing floor, English or French. If you are in the room, you can select the appropriate channel and use your earpiece.
A reminder that all comments by members and witnesses should be addressed through the chair.
Members in the room who would like the floor should raise their hands. Members participating via Zoom should use the “raise hand” feature. The clerk and I will do our best to maintain a consolidated order of speaking for all members. Your patience and understanding are appreciated.
Pursuant to our routine motion, I want to let the committee members know that all the witnesses went through the required connectivity tests before the meeting.
I would now like to welcome the witnesses.
From the Association of Canadian Port Authorities, we have Daniel-Robert Gooch, president and chief executive officer. In addition, from the Commission nationale des parents francophones, we have Gillian Anderson, president, who is joining us by video conference, and Jean-Luc Racine, executive director.
Each group will have a maximum of five minutes for their opening remarks. I will let you know when you have about 30 seconds left. If you run out of time, you'll have an opportunity to cover any points you missed and speak to the important elements of the bill as you answer members' questions.
Starting off the presentations will be Mr. Gooch from the Association of Canadian Port Authorities. Go ahead, Mr. Gooch. You have five minutes.
National Federation of French-language School BoardsStatements by Members
October 24th, 2022 / 2:10 p.m.
Liberal
Darrell Samson Liberal Sackville—Preston—Chezzetcook, NS
Mr. Speaker, last week, the Fédération nationale des conseils scolaires francophones, or FNCSF, held its 32nd annual meeting in Whitehorse. As we celebrate the 40th anniversary of the adoption of the Canadian Charter of Rights and Freedoms and section 23 of that charter, which pertains to language of instruction, our government is modernizing the Official Languages Act through Bill C‑13.
The FNCSF represents all francophone and Acadian school boards in minority communities in Canada and plays a key role in ensuring the vitality of our communities. It is thanks in part to the FNCSF that our young people are able to continue to live in their language and celebrate their language and culture. These meetings provide an opportunity for us to network, plan and address important education issues across Canada.
I congratulate the elected representatives on the success of their meeting and thank them for all that they do for French-language education in Canada.
The Chair Liberal René Arseneault
That's an excellent question, Ms. Ashton, but your speaking time is up.
Mr. Laberge and Mr. Désilets, if you feel you've run out of time to expand your ideas, or wish to put forward some advice, don't hesitate to send additional information in writing to our clerk. She will then send the information to all members of the committee.
On behalf of the committee, thank you very much for your testimony. Because of your experience, it was a pleasure to hear your suggestions with respect to Bill C‑13. It will definitely help the committee prepare a better report.
However, there appears to have been some talk about our meeting next Tuesday being spent on committee business. I believe that the list of witnesses is in the binder. We can discuss it.
Is everyone in agreement?
October 20th, 2022 / 12:50 p.m.
Executive Director, Division scolaire franco-manitobaine
In passing, I know Mr. Lepage well. In examining Bill C‑13 and the current situation, it's also important to look at the hosting structure. As I've already mentioned, three or four months after they arrive in Canada, some immigrants stop receiving services. At the Division scolaire franco-manitobaine, we have what we call cultural agents who go and meet immigrants during the evening to speak with them, to explain how education works in Canada and to tell them that their children will inevitably learn English. The intent is to forge ties within what we refer to as the school community.
It takes money, of course, but also the federal government's resolve, to ensure that services are available in both languages everywhere.
Mario Beaulieu Bloc La Pointe-de-l'Île, QC
Thank you.
In connection with schools, I spoke yesterday with Mr. Lepage from Saskatchewan. He monitored the pattern for African immigrants and told me about his observations. After a year of attending a francophone school, and realizing that they could receive hardly any services in French and that Canada wasn't really a bilingual country outside of Quebec, they changed their minds and decided to attend an English school. The assimilation rate for francophone immigrants, and even Quebeckers, who move elsewhere, is as high as the overall assimilation rate for francophones.
Do you think a provision in Bill C‑13 could help to change this trend?
October 20th, 2022 / 12:50 p.m.
Executive Director, Division scolaire franco-manitobaine
Bill C‑13 could be a bridge. This question is related to immigration, on the one hand, and the capacity to welcome new students to universities on the other. Each province has a college that approves whether or not teachers can teach. We end up with lots of people from other countries whose credentials are not recognized.
We know, for example, that British Columbia has two superb universities, but that it's French-language offerings are minimal. In the west, with the exception of Campus Saint-Jean and the Université de Saint-Boniface, there are few programs in French. So where do we turn to find people? We look for them in Ottawa or Moncton. But when I go looking for people in Moncton, the president of Université de Moncton complains to me that I'm stealing her people. When they come here, some don't want to return to Moncton while others do.
There should therefore be a link between immigration and education.
Angelo Iacono Liberal Alfred-Pellan, QC
Thank you, Mr. Désilets.
Mr. Laberge, you mentioned the need for funding to increase the number of francophone teachers. Should this be provided for in Bill C‑13? How could we facilitate this funding?
Angelo Iacono Liberal Alfred-Pellan, QC
Thank you.
For francophone and Acadian minority communities, what are the main challenges in relation to Bill C‑13?
Is that more or less covered by what you just said?
Do you have any other comments for us?
Angelo Iacono Liberal Alfred-Pellan, QC
Thank you, Mr. Chair.
I'd like to thank the witnesses for being here this morning.
Mr. Désilets, What would you like to see happen?
What is it absolutely essential to include in Bill C‑13?